PATTERN JURY INSTRUCTION DRAFTS OF PROPOSED INSTRUCTIONS—May 2001
Assumption of Risk
Failure to Produce [Evidence] [Witness]
Interference With Contract
Momentary Forgetfulness of Danger
Oral Admission Viewed With Caution
Ordinary Negligence
Proof of Fact by Testimony of Single Witness (Civil and Criminal)
Violation of Statutory Duty
Willful Misconduct Defined
Please send comments or suggestions to Lynn Kerbeshian (email ndpji@yahoo.com or call 701/775-6220).
Assumption of Risk
If a person with actual knowledge of a dangerous situation, having freedom of choice and an appreciation of the dangerous situation then existing, freely and voluntarily exposes oneself to the hazard and a mishap is proximately caused by the danger encountered, that person assumes the risk of damages thereby sustained and the wrongdoer's liability is diminished.
To have freedom of choice, the injured Claimant, without violating any legal or moral duty, must have had a reasonably safe opportunity to avoid self-exposure to the present danger.
NDCC 9-10-06
Keller v. Vermeer Mfg. Co., 360 NW2d 502 (ND 1984)
Borstad v. La Roque, 98 NW2d 16 (ND 1959)
Cameron v. Great N. Ry. Co., 80 NW 885 (ND 1899)
Restatement (2d) Torts, Causal Relation Between Harm and Plaintiff's Negligence, § 465.
Cf. Wentz v. Deseth, 221 NW2d 101 (ND 1974), 16 ALR4 700.
NOTE: Assumption of risk is not a defense in an action by an injured railroad employee against an employer. NDCC 49-16-04, 49-16-08.
The Assumption of Risk instruction represents a pre-1987 adoption of comparative fault law. Momentary Forgetfulness of Danger is now a separate instruction.
Failure to Produce [Evidence] [Witness]
If a Party has failed to [offer evidence under control of the Party] [produce a witness] and 1) the [evidence] [witness] would be available to that Party by the exercise of reasonable diligence, 2) the [evidence] [witness] was not equally available to the adverse Party, 3) a reasonably prudent person under the same or similar circumstances who had reason to believe [it] [the testimony] to be favorable,would have [offered the evidence] [produced the witness], and 4) no reasonable explanation for that failure is given, you may infer that the [evidence] [testimony of the witness] would have been unfavorable to that Party.
Scherbenske v. Maier, 71 NW2d 770 (ND 1955)
Cf. IPI 5.01
Devitt & Blackmar (4th ed.), Failure to Produce Available Evidence, § 72.16 - Requests for Admission,
§ 72.17 (This cite is being reviewed.)
Interference With Contract
To establish interference with contract, the Plaintiff must prove:
a) a contract existed;
b) the contract was breached;
c) the Defendant instigated the breach; and
d) the Defendant did so without justification.
Tracy v. Cent. Cass Pub. School, 1998 ND 12, 574 NW2d 781
Momentary Forgetfulness of Danger
If you find that the Plaintiff voluntarily proceeded into a dangerous situation of which the Plaintiff had previous knowledge, but had momentarily forgotten the danger, such forgetfulness does not in itself constitute fault, unless under all the circumstances, it shows a want of ordinary care not to have kept the danger in mind.
Keller v. Vermeer Mfg. Co., 360 NW2d 502 (ND 1984)
NOTE: This instruction should be used with Assumption of Risk.
Oral Admission Viewed With Caution
Evidence as to an oral admission claimed to have been made out of court should be considered with caution and weighed with great care. The person relating the claimed admission may have been mistaken, or may have misunderstood or misquoted the declarant, or may not have expressed clearly the meaning the declarant intended.
If, however, an oral admission made out of court is proved by credible evidence, you may treat it as trustworthy and consider it along with other evidence in the case.
Cites being review.
Ordinary Negligence
"Ordinary negligence" is the lack of ordinary care and diligence required by the circumstances. Ordinary care or diligence means such care as a person of ordinary prudence usually exercises about one's own affairs of ordinary importance.
Negligence involves a lack of such concern for the probable consequences of an act or failure to act as a person of ordinary prudence would have had in conducting one's own affairs. It is the lack of such care as persons of common sense and ordinary prudence usually exercise under the same or similar circumstances. Negligence is a relative term. Whether a certain act or failure to act is negligence depends upon the facts and circumstances of each particular case.
The duty to use care is based upon knowledge of danger. The care that a person must exercise in a particular situation is in proportion to the degree of danger of injury to oneself or to others in the act to be performed. The care necessary to constitute the ordinary care required by a person upon any particular occasion is measured by reference to the circumstances of danger known to one at the time or which the person should reasonably have foreseen. The greater the danger, the greater is the care required.
A person is presumed to have performed one's duty and to have exercised ordinary care, unless the contrary is shown by the greater weight of the evidence.
NDCC 1-01-14 - 17
Olson v. Griggs County, 491 NW2d 725 (ND 1992)
Chicago, M., St. P. & P.R. Co. v. Johnston Fuel Liners, 122 NW2d 140 (ND 1973)
Saetz v. Braun, 116 NW2d 628 (ND 1962)
See also NDJI C - 2.10, Gross Negligence Defined
Proof of Fact by Testimony of Single Witness - Civil
Any fact in dispute may be proved by the credible testimony of a single witness. However, before finding any fact to have been proved solely by the testimony of a single witness, you should carefully consider all of that witness's testimony upon which proof of fact depends.
Devitt & Blackmar (4th ed.), Failure to Call Available Witness, § 72.15 (Cite being reviewed.)
Proof of Fact by Testimony of Single Witness - Criminal
Any fact in dispute may be proved by the credible testimony of a single witness. However, before finding any fact to have been proved solely by the testimony of a single witness, you should carefully consider all of that witness's testimony upon which proof of fact depends.
Devitt & Blackmar (4th ed.), Failure to Call Available Witness, § 72.15 (Cite being reviewed.)
State v. Janda, 397 NW2d 59 (ND 1986)
Violation of Statutory Duty
The violation of a statutory duty is evidence of negligence.
Larson v. Kubisiak, 1997 ND 22, 558 NW2d 852
Willful Misconduct Defined
"Willful misconduct" means intentionally doing that which should not be done or intentionally failing to do that which should be done, knowing that injury to a person will probably result or recklessly disregarding the possibility that injury to a person may result.
Rokusek v. Bertsch, 50 NW2d 657 (ND 1951)
See also Stokka v. Cass County Elec. Coop., Inc., 373 NW2d 911, 915 (ND 1985)
CIVIL INDEX
ACCIDENTS
Bystanders' emotional distress, 2.65
(Illustration), 2.66
Evidence of fault, 68.06
Presumption of ordinary care, 80.62
Secured motor vehicle, 67.20
ADJOINING LANDOWNERS
Eminent domain,
Lack of access after taking, 75.14
"Controlled-access facility", 75.28
Municipal streets, 16.00
ADMISSIONS
Evidence, 80.06
ADVICE OF COUNSEL
Absence of malice, 2.40
Defense,
False imprisonment, 11.00
Malicious prosecution, 13.20
AGENTS AND AGENCIES
Generally, 55.00 et seq.
Agent's authority,
Actual, 55.02
Apparent, 55.02
Burden of proof, 5.10
Definitions,
Agent, 55.01
Apparent agency, 55.08
Joint ventures, 55.20
Ostensible partner, 55.50
Partnership, 55.40
Exemplary damages, 72.06
Family car doctrine, 3.16
Fraud by agent, 55.06
Independent contractor, 55.25
Insurance agent,
Duties, 19.00
Joint ventures, 55.20
Negligence of agent, 2.50
(Illustration), 2.75
Partnership, 55.40
Liability of partner, 55.45
Ostensible partner, 55.50
Ratification, 55.04
Waiver, 67.10
Wrongdoing by third party, 55.20 (Note)
ALCOHOLIC BEVERAGES
Dram shop liability, 5.00
Sale to person under 21 years of age, 5.20
Driver under the influence, 3.05
Intoxicated person defined, 5.10
Voluntary intoxication, 2.25
ANIMALS
Dog bite,
Alternative findings (Illustration), 6.30
Evidence of euthanasia, 6.20
Provocation, 6.10
Known to be vicious,
Definition, 6,00
Owner's duty, 6.00
Owner presumed from brand, 80.64
ASSAULT
Definition, 12.00
Justifiable response, 12.05
ASSUMPTION OF RISK
Generally, 64.00 et seq.
Fault, 68.00 et seq.
Momentary forgetfulness, 64.00
Passenger of vehicle, 64.05
Strict products liability, 64.20
ATTORNEYS
See Lawyers
AUTOMOBILES
See Motor Vehicles
BAILMENT
Contract, 52.00
Warranties,
Implied warranty, 52.05
Limited warranty, 52.08
BATTERY
Definition, 12.10
BIAS OR PREJUDICE
Fair treatment, 85.15
BREACH OF CONTRACT
See Contracts
BURDEN OF PROOF
Agency, 55.10
Clear and convincing evidence, 1.41
Contracts,
Consideration, 50.18
Damages, 70.06
Examples,
Clear and convincing, Appendix. BR-3
Dual burdens, Appendix BR-6
Preponderance, Appendix. BR-1
Greater weight of the evidence, 1.40
"Find", 1.50
Invalidating will, 40.20
BUSINESS
Invitees, 17.08 (Note)
BYSTANDERS
Emotional distress, 2.65
CAUSATION
Proximate cause, 2.15
CHARGE TO JURY
(Illustration), 1.01
Closing statements,
Conduct of jury in retirement, 85.20
Deadlocked jury, 85.70
Duty to accept law, 85.10
Fair treatment to all, 85.15
Forms of verdict, 85.50 et seq.
Statements by counsel and judge, 85.01
Introductory statements, 1.02 et seq.
Multiple plaintiffs, 1.11
Multiple defendants, 1.11
Sealed verdict, 85.30
CHILDREN AND MINORS
Child trespasser, 17.30
Damages for injury or death, 18.10
Dram shop liability, 5.00
Sale to person under 21, 5.20
Ordinary care required by minor, 2.20
Schools,
Duty of care, 16.18
Support required, 70.45
Wrongful death, 70.38 (Note)
CLEAR AND CONVINCING EVIDENCE
Burden of proof, 1.41
CLOSING INSTRUCTIONS
Generally, 85.00 et seq.
See Charge to Jury
COMMON CARRIERS
Duty to passengers, 52.20
Duty to property, 52.25
COMPARATIVE FAULT
See Fault
COMPENSATORY DAMAGES
See Damages
CONDITIONS PRECEDENT
See Contracts
CONDITIONS SUBSEQUENT
See Contracts
CONSPIRACY
Generally, 7.00
CONTRACTS
Generally, 50.00 et seq.
Acceptance, 50.14
Bailment,
See Bailment
Breach of contract,
Breach of duty, 50.34
Definition, 50.50
Waiver, 67.10
Conditions,
Concurrent, 50.22
Precedent, 50.22
Subsequent, 50.22
Consent, 50.12
Consideration, 50.18
Failure,
Damages, 74.00
Contract, 50.01
Duty to minimize damages, 74.25
Lost profits as damages, 74.06
Sale of land, measure of damages,
Value to buyer, 74.04
Value to seller, 74.02
Express contracts, 50.08
Fraud,
Actual, 50.30
Constructive, 50.34
Implied contracts, 50.08
Interpretation, 50.24
Misrepresentation, 50.32
Modification, 50.20
Object, 50.06
Offer and acceptance, 50.14
Oral contracts, 50.10
Parties, 50.02
Quasi-contract, 50.08
Relationship of parties, 50.34
Revocation, 50.16
Third-party beneficiary, 50.04
Uncertainty, 50.24
Written contracts, 50.10
CONVERSION
Definition, 7.10
Alternative findings (Illustration), 7.30
Damages, 70.56
Unique value, 70.60
Verdict form, 90.30
Waiver of security interest, 7.20
CROSS-CLAIM
General instructions, 1.20
CROSS REFERENCE
NDJI pre-1999, Appendix CR
CROSSWALKS
No crosswalk, 62.15
Pedestrian crossing, 62.10
DAMAGES
Generally, 70.00 et seq.
Additional harm, 70.24
Admitted liability, 70.02
Aggravation due to natural causes, 70.26
Aggravation of pre-existing condition, 70.22
Attorney's services, 74.12
Avoidable consequences, 74.25
Burden of Proof, 70.06
Children and minors,
Child's injury or death, 18.10
Loss of child's society, 70.38
Unborn child, 70.45 (Note)
Comparative fault, 68.02
Compensatory damages, 70.10
Contracts, 74.00
Lost profit as damages, 74.06
Obligation to pay money only, 74.00
Sale of land,
Value to buyer, 74.04
Value to seller, 74.02
Conversion, 70.56
"Reasonable value" defined, 70.58
Unique value, 70.60
Definition, 70.04
Duty to minimize damages, 74.25
Economic damages, 70.35
Eminent domain,
See Eminent Domain
Entitlement, 70.01
Exemplary damages,
See Exemplary Damages
False imprisonment, 70.62
Future detriment, 70.52
Goods not as warranted, 74.12
Interest on damages, 74.60
Labor and employment,
Workmen's Compensation benefits, 70.30
Legal negligence, 15.20
Life expectancy, 70.50
Loss of consortium, 18.00
Malicious prosecution, 70.62
Miscellaneous statutes, 74.20
Non-economic damages,
See Non-economic Damages
Personal property, 70.54
Punitive damages,
See Exemplary Damages
Wrongful death, 2.55
Elements of damages, 70.38
Fault of beneficiary, 66.00
Fault of decedent, 66.10
Life Expectancy, 70.47
Proof of damages, 70.45
Special items of detriment, 70.40
Special verdict, 90.56
DANGEROUS CONDITIONS
Duty to maintain premises, 17.08
Duty of possessor to maintain, 17.10
Premises dangerous to child, 17.30
Unsafe conditions of premises, 17.05
Trespasser, 17.20
DECEIT
Definition, 8.00
Puffing, 8.10
DEFAMATION
Definitions, 9.00
Libel, 9.10
Slander, 9.20
Privileged communication, 9.30
Publication, 9.40
DEFENDANT
Multiple defendants, 1.11
DELIBERATIONS
Conduct of jury in retirement, 5.20
DEPOSITIONS
See Evidence
DISCRIMINATION
Sex discrimination,
Hostile work environment, 22.10
DOGS
See Animals
DRAM SHOP ACT
Civil Damage Act (Illustration), 5.50
Definitions,
Knowingly, 5.30
Obviously intoxicated person, 5.10
Fault, 68.00 et seq.
Liability, 5.00
Presumption that buyer is of legal age, 5.20
DRIVING
See Motor Vehicles, Operation of
DRIVING UNDER INFLUENCE OF INTOXICANT
Impaired driver, 3.03
Under the influence, 3.05
DUTIES OF JURY
See Jury
ECONOMIC DAMAGES
Definition, 70.35
EMERGENCY VEHICLES
Driving, 3.54
EMINENT DOMAIN
Generally, 75.00 et seq.
Attorney's fees, 75.30
Burden of proof, 75.04
Consequential damages, 75.20
Costs, 75.24
"Controlled-access facility" defined, 75.28
Damage to business, 75.12
Date of taking, 75.16
Description, 75.01
Improvement to property, 75.22
Just compensation, 75.05
Limitation on damages, 75.18
"Market value" defined, 75.05
Right-of-way purposes, 75.05 (Note)
Special values disregarded, 75.05
Severance damages, 75.10
Annoyance and inconvenience, 75.14
Lack of access, 75.14
Taking for highways, 75.02
Propriety not in issue, 75.03
Verdict form, 90.35
Witnesses, 75.26
Evidence of similar sales, 75.26
EMOTIONAL DISTRESS
Generally, 20.00 et seq.
Elements, 20.00
Definitions,
Extreme and outrageous conduct, 20.15
Intentional and reckless, 20.40
Severe, 20.10
Permissible conduct, 20.50
Relationship of parties, 20.20
Susceptibility of plaintiff, 20.30
Without physical impact, 2.65
Alternative findings (Illustration), 2.66
EMPLOYEES
Duty of train employees, 3.62
Backing movements, 3.64
EVIDENCE
Generally, 80.00 et seq.
Admitted liability, 80.06
Burden of proof,
See Burden of Proof
Circumstantial evidence, 80.50
Common knowledge and science, 80.52
Conflicting evidence, 80.01
Consideration, 80.01
Depositions, 80.10
Direct evidence, 80.50
Eminent domain,
Owner's testimony, 80.08
Similar sales, 75.26
Exemplary damages, 72.00
Expert testimony, 80.05
Failure to produce evidence, 80.30
Impeachment, 80.02
Intent, 80.70
Interrogatories, 80.12
Used to impeach, 80.02 (Note)
Judges' comments, 80.01
Insurance admonition, 80.56
Number of witnesses, 80.32
Single witness, 80.34
Occurrence of accident or injury, 68.06
Oral admission, 80.06
Presumption, 80.60
Fair market value, 80.66
Ordinary care, 80.62
Ownership from brand, 80.64
Res ipsa loquitur, 80.54
View of premises, 80.40
Weight and sufficiency, 80.01
Impeachment, 80.02
EXEMPLARY DAMAGES
Generally, 72.00 et seq.
Clear and convincing evidence, 72.00
Compensatory damages required, 72.02
Definitions,
Fraud, 72.12
Malice, 72.14
Actual malice, 72.16
Oppression, 72.10
Driving while intoxicated, 3.05
Exemplary damages not allowed, 70.65
False imprisonment, 70.62
Insurer duty of good faith, 72.08
Libel and slander,
Malice, 2.30
Malice of corporate officers, 2.35
Malicious prosecution, 70.62
Manufacturer or seller, 72.04
Principal and agent, 72.06
EXPERT WITNESSES
Eminent domain, 75.26
Expert testimony, 80.05
FALSE IMPRISONMENT
Generally, 11.00
Advice of counsel, 2.40
Alternative findings (Illustration), 11.20
Damages, 70.62
Peace officer arresting in good faith, 11.10
FAULT
Allocation of fault, 68.04
Comparative fault special verdict, 6.02
Definition, 68.00
Evidence of fault, 6.06
Proximate cause, 2.15
Special verdict form, 90.50
FIREFIGHTER
When directing traffic, 3.24
FRAUD
Actual, 50.30
Constructive, 50.34
GIFTS
See Wills and Gifts
GROSS NEGLIGENCE
Definition, 2.10
Voluntary intoxication, 2.25
HIGHWAYS AND ROADWAYS
Definitions,
"Controlled-access facility", 75.28
"Right of access", 75.28
Expressway, 3.56
Driving,
Entering expressway, 3.56
Exceptions to driving on the right side, 3.42
Impaired, 3.03
Left turn at intersections, 3.20
Limitations on overtaking on left, 3.50
Further limitations on driving left of center, 3.52
Passing vehicles, 3.44
Reckless driving, 3.01
Right-of-way at intersections, 3.18
Speed restrictions, 3.02
"Stop" sign, 3.32
Stopping on roadway, 3.40
Sudden emergency, 3.10
With care, 3.01
"Yield" sign, 3.30
Eminent domain, 75.02
Propriety not in issue, 75.03
Pedestrians
Control signals, 3.34
Crosswalks, 62.10
Duty of care, 62.00
Duty to obey control signals, 62.05
Unmarked crosswalks, 62.15
Walking on roadway, 62.20
Railroad crossings, 3.62
Traffic signals, 3.28
Water drainage, 10.30
HUSBAND AND WIFE
See Spouse
IMPEACHMENT
Evidence, 80.02
IMPLIED CONTRACTS
Express or implied contracts, 50.08
INDEPENDENT CONTRACTORS
Distinguished from agent, 55.25
INFERENCE
Presumption, 80.60
INFORMED CONSENT
Physician's duty to disclose, 14.20
INSURANCE
Agent's duties, 19.00
Evidence,
Insurance admonition, 80.56
Exemplary damages, 72.08
Duty of good faith, 72.08
Policy,
Exclusion for wind or hail, 52.30
Non-owned automobile, 52.40
INTENT
Generally, 80.70
INTERROGATORIES
Evidence, 80.12
For impeachment, 80.02 (Note)
Interrogatories to jury, 90.60
INTERSECTIONS
Left turn, 3.20
Right-of-way, 3.18
"Stop" sign, 3.32
Yield right-of-way, 3.18
"Yield" sign, 3.30
INTOXICATION
See Alcoholic Beverages
INVASION OF PRIVACY
Generally, 9.50
JOINT LIABILITY
Acting in concert, 2.17
Conspiracy, 7.00
Partnership, 55.45
JOINT VENTURES
Generally, 55.20
JUDGES
Charge to jury (Illustration), 1.01
Closing statements, 85.01
Cautionary statements, 85.01
Conduct of jury, 85.20
Duty to accept law from court, 5.10
Fair treatment, 85.15
Forms of verdict, 85.50 et seq.
(Illustrations), 90.00 et seq.
Sealed verdict, 85.30
Deadlocked jury, 85.70
General directions, Introduction
Introductory statements, 1.02 et seq.
JURY
Deadlocked jury, 85.70
Deliberations, 85.20
Duties of jury,
Duty to accept law from court, 85.10
Fair treatment, 85.15
Interrogatories to jury, 90.60
Jury leader selection, 85.20
Note taking, 1.55
KNOWLEDGE
Common knowledge and science, 80.52
LANDLORD AND TENANT
Generally, 17.00 et seq.
Commercial property,
Business invitee, 17.08 (Note)
Common area,
Duty of care, 17.00
Defective conditions, 17.05
Duty to lawful entrant, 17.10
Duty to maintain premises, 17.08
Reasonable care factors, 17.10
Negligence, 17.05
Trespassers, 17.20
Child trespasser, 17.30
LAWYERS
Legal negligence, 15.00 et seq.
Damages, 15.20
Elements, 15.00
Standard of care, 15.15
Statements to jury, 85.01
Value of services, 74.12
LEGAL ENTITIES
See Agents and Agencies
LIBEL AND SLANDER
See Defamation
LIFE EXPECTANCY
Generally, 70.50
Wrongful death, 70.47
LIQUOR
See Alcoholic Beverages
MALICE
Actual and presumed, 2.30
Actual malice, 72.16
Advice of counsel, 2.40
Corporate officers, 2.35
Exemplary damages, 72.14
Wilful misconduct, 3.14
MALICIOUS PROSECUTION
Generally, 13.00 et seq.
Damages, 70.62
Elements, 13.00
(Illustration), 13.40
Probable cause defense, 13.20
Advice of counsel, 2.40
MALPRACTICE
See Legal Negligence
See Medical Negligence
MANUFACTURERS
See Products Liability
MARKET VALUE
Conversion, 70.58
Deficiency judgment, 74.15
Presumption, 80.66
Eminent domain, 75.05
MEASURE OF DAMAGES
See Damages
MEDICAL NEGLIGENCE
Generally, 14.00 et seq.
Bad result, 14.30
Consent, 14.20
Elements, 14.00
Emergency treatment, 14.15
Expert witnesses, 14.00
Informed consent, 14.20
Hospital liability, 14.40
Informed consent, 14.20
Patient's duty, 14.25
Perfection not required, 14.30
Physician's duty, 14.10
Res ipsa loquitur, 80.56
MINORS
See Children and Minors
MISREPRESENTATION
Unintentional misrepresentation, 50.32
MITIGATION OF DAMAGES
Fault, 68.00 et seq.
MORAL TURPITUDE
Slander, 9.20
MOTOR CARRIERS
Secured motor vehicle,
Disability defined, 67.20
Serious injury defined, 67.20
Exemption from liability, 67.20
MOTOR VEHICLES
Generally, 3.00 et seq.
Driving under the influence, 3.05
Emergency vehicles, 3.54
Family car doctrine, 3.16
Impaired driver, 3.03
Insurance,
Non-owned automobile provision, 52.40
Interference with traffic control device, 3.38
Intersections,
Left turn, 3.20
"Stop" sign, 3.32
Yield right-of-way, 3.18
"Yield" sign, 3.30
Left turn, 3.20
Obedience to police or firefighter, 3.24
Operation of motor vehicle,
Duty of driver having right-of-way, 3.22
Duty of general care, 3.01
Duty to assist, 3.12
Duty to obey traffic control devices, 3.26
Exceptions to driving on the right, 3.42
Further limitations, 3.52
Impaired driver, 3.03
Overtaking vehicle on the left, 3.46
Further limitations, 3.50
Overtaking vehicle on the right, 3.48
Passing vehicles, 3.44
Railroad crossing, 3.60
Reckless driving, 3.01
Speed restrictions, 3.02
Towing trailers, 3.58
Under the influence of intoxicant, 3.05
Passenger,
Assumption of risk, 64.05
Driver's wrongdoing not imputed, 67.00
Duty of care, 60.10
Pedestrians,
See Pedestrians
Negligence imputed to plaintiff rider, 2.50
Railroad crossing,
Duty to keep lookout, 3.60
Duty to stop and wait, 3.66
Right-of-way
Crosswalks, 62.10
Duty of driver, 3.22
Entering expressway, 3.56
Left turn, 3.20
Through highway intersections, 3.18
Railroad, 3.62
Secured motor vehicle,
Definitions,
Disability, 67.20
Serious injury, 67.20
Exemption from liability, 67.20
Speed, 3.02
Ordinary care, 3.01
Passenger's duty, 60.10
Right-of-way, 3.18
Stopping on roadway, 3.40
Sudden emergency, 3.10
Traffic control devices and signals,
Description, 3.28
Flashing signals, 3.36
Interference with traffic control device, 3.38
Obedience to traffic control device, 3.26
Pedestrian control signals, 3.34
"Stop" Sign, 3.32
"Yield" Sign, 3.30
Trailers,
Towing, 3.58
Willful misconduct, 3.14
MULTIPLE PARTIES
Defendants, 1.11
Plaintiffs, 1.11
NEGLIGENCE
Acting in concert, 2.17
Agent, 2.50
Alternative findings (Illustration), 2.75
Causation,
Proximate cause, 2.15
Children and minors, 2.20
Motor vehicles, 2.20 (Note)
Discrimination,
Hostile work environment, 22.10
Duty to refrain from injuring, 2.01
Emotional distress, 20.00 et seq.
Alternative findings (Illustration), 2.66
Bystander, 2.65
Fault, 68.00 et seq.
Gross negligence, 2.10
Inferences, 80.60
Landlord and tenant, 17.00 et seq.
Legal negligence, 15.00 et seq.
Loss of consortium, 18.00
Medical negligence, 14.00 et seq.
Ordinary care, 2.05
Ordinary negligence, 2.05
Error of judgment, 2.10
Presumptions, 80.60
Res ipsa loquitur, 80.54
Proximate cause, 2.15
Public entities, 16.00 et seq.
Responsibility for conduct, 2.01
Voluntary intoxication, 2.25
Weight and sufficiency of evidence,
"Find", 1.50
Wrongful death, 2.55
NEGLIGENCE PER SE
Statutory standard of care, 2.05
NON-ECONOMIC DAMAGES
Definition, 70.35
NOTES
Note taking by jury, 1.55
OPPRESSION
Definition, 72.10
ORDINANCES
See Statutes
PARENTS
Damages for injury or death, 18.10
Damages for loss of child's society, 70.38
Obligation to support minor child, 70.45
PARTNERSHIP
See Agents and Agencies
PASSENGERS
Assumption of risk, 64.05
Driver's wrongdoing not imputed, 67.00
Duty of care, 60.10
PEDESTRIAN
Crosswalks, 62.10
Unmarked crosswalks, 62.15
Duty of care, 62.00
Pedestrian control signals, 3.34
Traffic control signals described, 3.28
Duty to obey traffic signals, 62.05
Walking on roadway, 62.20
PERSONAL INJURY
Elements of damages, 70.35
Economic damages defined, 70.35
Non-economic damages defined, 70.35
PERSONAL PROPERTY
Conversion, 7.10
Alternative findings (Illustration), 7.30
Damages for conversion, 70.56
"Reasonable value" defined, 70.58
When peculiar value, 70.60
Damages for wrongful detention, 70.54
Duty from common carrier, 52.25
Duty to minimize damages, 74.25
Eminent domain,
Costs for moving, 75.24
Goods not as represented, 74.08
Presumption of fair market value, 80.66
POLICE
Duty to obey in traffic, 3.24
PREJUDICE
Fair treatment, 80.15
PREPONDERANCE OF EVIDENCE
See Burdens of Proof
PRESUMPTIONS
Conclusive presumptions, 80.70 (Note)
Deficiency judgment,
Fair market value, 80.66
Definition, 80.60
Negligence,
Res ipsa loquitur, 80.54
Ordinary care by decedent, 80.62
Ownership of animal from brand, 80.64
Warning (strict liability), 21.10
PRINCIPAL AND AGENT
See Agents and Agencies
PRIOR INCONSISTENT STATEMENTS
Impeachment, 80.02
PRIVACY
Invasion of privacy, 9.50
PRIVILEGE
Privileged communication, 9.30
PRODUCTS LIABILITY
Generally, 21.00 et seq.
Defenses,
Assumption of risk, 64.20
Modification of product, 64.10
Unforeseeable alteration, 64.10
Unforeseeable misuse, 64.25
Definition,
Unreasonably dangerous, 21.00
Exemplary damages, 72.04
Failure to warn, 21.20
Fault, 68.00 et seq.
Liability described, 21.00
Manufacturer's duty to warn, 21.05
Negligent failure to warn, 21.05 (Note)
Post-sale duty to warn, 21.25
Special verdict form, 90.55
Warning presumed to be read, 21.10
Warranty,
Implied warranty of bailor, 52.05
Limitations on warranty of bailor, 52.08
PROFESSIONAL NEGLIGENCE
See Legal Negligence
See Medical Negligence
PROPERTY
See Personal Property
See Real Property
PROXIMATE CAUSE
Defined, 2.15
PUBLIC ENTITIES
Authority to regulate, 16.00
Liability, 16.00
Actual and constructive notice, 6.05
Constructive notice, 16.05
Damages caused by snow and ice, 16.10
Liability of adjoining landowner, 16.00 (Note)
Schools,
Duty of care, 16.18
PUNITIVE DAMAGES
See Exemplary Damages
QUOTIENT VERDICT
Generally, 74.40
RAILROAD CROSSINGS
Duty to keep lookout, 3.60
Duty to stop and wait, 3.66
RAILROADS
Backing movements, 3.64
Duty of care, 3.62
Right-of-way, 3.62
Train defined, 3.66
REAL PROPERTY
Deficiency judgment,
Fair value defined, 74.12
Eminent domain,
See Eminent Domain
Loss due to wind or rain. 52.30
Sale of land, measure of damages,
Value to buyer, 74.04
Value to seller, 74.02
RECKLESS CONDUCT
Misconduct defined, 3.14
RECKLESS DRIVING
General care required, 3.01
Willful misconduct, 3.14
REPAIRS AND MAINTENANCE
Post-sale duty to warn, 21.25
RES IPSA LOQUITUR
See Evidence
RIGHT-OF-WAY
Crosswalks, 62.10
Yield right-of-way, 3.18
"Yield" sign, 3.30
Duty of driver, 3.22
Entering expressway, 3.56
Left turn, 3.20
Railroad, 3.62
Through highway intersections, 3.18
ROADS
See Highways and Roadways
SCHOOLS
See Public Entities
SIDEWALKS
See Streets and Sidewalks
SIGNALS
See Traffic Control Devices and Signals
SLANDER
See Defamation
SPECIAL VERDICTS
Comparative fault, 6.02
Wrongful death, 90.56
SPEED
Ordinary care, 3.01
Passenger's duty, 60.10
Right-of-way, 3.18
Speed restrictions, 3.02
Stopping on roadway, 3.40
SPOUSE
Action for damages against spouse, 2.60
Loss of consortium, 18.00
Omitted spouse in will, 40.01
STATUTES
Violation,
Evidence of negligence, 2.05
STREETS AND SIDEWALKS
Change of signal,
"Controlled-access facility" defined, 75.28
"Right of access" defined, 75.28
Crosswalks, 62.10
Jaywalking,
Ordinary care, 62.00
Unmarked crosswalk, 62.15
Liability of municipality, 16.00
Actual and constructive notice, 16.05
Damages caused by snow and ice, 16.10
Liability of adjoining landowner, 16.00 (Note)
Pedestrians,
Duty to obey traffic control devices, 62.05
Pedestrian control signals, 3.34
Traffic control devices described, 3.28
Power to regulate, 16.00
SUDDEN EMERGENCY
Generally, 3.10
SUFFERING
See Pain and Suffering
SUFFICIENCY OF EVIDENCE
See Evidence
SYMPATHY
Fair treatment, 85.15
THIRD PERSONS
Agency,
Apparent agency, 55.08
Joint ventures, 55.20
Ostensible partner, 55.50
Contracts,
Third party beneficiary, 50.04
TORTS
Generally, 4.00 et seq.
Assumption of risk, 64.00
Basic liability, 2.00 et seq.
Products liability,
See Products Liability
Public entities,
See Public Entities
Res ipsa loquitur, 80.54
TRAFFIC CONTROL DEVICES AND SIGNALS
Application, 3.28
Duty to obey, 3.26
Description, 3.28
Flashing signals, 3.36
Interference with traffic control device, 3.38
Obedience to traffic control device, 3.26
Pedestrian control signals, 3.34
"Stop" sign, 3.32
"Yield" sign, 3.30
VERDICTS
Concluding instructions,
See Closing Instructions
Forms of verdict, 85.50 et seq.
Consolidated actions, 85.56
Counterclaim, 85.58
General verdict, 85.50
General verdict with interrogatories, 85.62
Special verdict, 85.54
Special verdict - comparative fault, 85.62
(Illustrations), 90.00 et seq.
Conversion - exemplary damages, 90.30
Dismissal of claim and counterclaim, 90.20
Eminent domain, 90.35
For defendant and dismissal of plaintiff's claim, 90.15
For plaintiff and dismissal of counterclaim, 90.10
General verdict for defendant, 90.05
General verdict for plaintiff, 90.01
Wills, 90.25 et seq.
Quotient verdict, 74.40
Sealed verdict, 85.30
Special verdict, 90.40
Special verdict - fault, 90.50
Special verdict - products liability, 90.55
Suggested form, 90.56
Unanimity required, 85.20
VICARIOUS RESPONSIBILITY
Principal and agent, 2.50
(Illustration), 2.75
Wrongdoing of driver not imputed, 67.00
WAIVER
Generally, 67.10
WORKER'S COMPENSATION
Damages, 70.30
WATER
Drainage along highways, 10.30
Drainage of surface waters, 10.00
Act of God defense, 10.40
Alternative findings (Illustration), 10.50
Drainway, 10.20
Watercourse, 10.10
WEIGHT AND SUFFICIENCY OF EVIDENCE
See Evidence
WILLS AND GIFTS
General considerations, 40.10
Gift, 40.40
Omitted spouse, 40.01
Previous proceedings, 40.30
Undue influence,
Alternative findings (Illustration), 40.35
Burden of Proof, 40.20
Elements, 40.25
Verdict form invalidating will, 90.25
Verdict form upholding will, 90.26
WILLFUL AND WANTON MISCONDUCT
Assault, 12.00
Duty to refrain from injuring, 2.01
Willful misconduct, 3.14
WITNESSES
Credibility, 80.01
Eminent domain,
Evidence of similar sales, 75.26
Landowner, 80.08
Witnesses, 75.26
Expert, 80.05
Failure to produce witness, 80.30
Impeachment, 80.02
Number of witnesses, 80.32
Single witness, 80.34
WRONGFUL DEATH
Damages, 2.55
Fault of beneficiary, 66.00
Fault of decedent, 66.10
Elements of damages, 70.38
Life expectancy, 70.47
Proof of damages, 70.45
Special items of detriment, 70.40
Special verdict, 90.56
CRIMINAL INDEX
ABANDONMENT
Criminal attempt defense, 4.15
ABDUCTION
Felonious restraint, 8.74
Kidnapping, 8.70
Pre-trial release, 8.72
Unlawful imprisonment, 8.80
ABUSE
Sexual abuse of a child, 7.30
ACCOMPLICES AND ACCESSORIES
Accomplice, 2.20
Criminal attempt, 2.01
Criminal intent, 2.20
Evidence. 2.25
Murder,
Affirmative defense, 6.10
While committing crime, 6.03
Testimony, 2.25
Witness,
Burden of proof, corroborating witness, 2.25
ACQUITTAL
Defense,
Accomplice, 2.20
Agent's acquittal no defense, 2.12
No defense to conspiracy, 2.06
ACTS DANGEROUS TO LIFE
Endangering by fire or explosion, 10.10
Extreme indifference, 6.02
Manslaughter, 6.20
Reckless endangerment, 8.20
ADVERTISEMENT
Drug paraphernalia, 22.15
AFFIRMATIVE DEFENSES
Generally, 4.00 et seq.
Burden of proof, 4.30
Causation, 4.50
Criminal attempt,
Voluntary and complete renunciation, 4.15
Criminal solicitation, 4.40
Voluntary and complete renunciation, 4.20
Duress, 4.05
Entrapment, 4.10
"Law enforcement agent", 4.10
Mistake of law, 4.01
Negligence of decedent, 4.45
Renunciation,
Criminal attempt, 4.15
AGENTS
Accountable for organization, 2.08
Bribery, 15.71 et seq.
Corporation liability, 2.12
Acquittal of agent, 2.12
Definition, 2.10
AIDERS AND ABETTORS
Aiding consummation of crime, 13.20
Class C felony, 13.22
Criminal attempt, 2.01
ALCOHOLIC BEVERAGES
Actual physical control, 21.25
Essential elements, 21.26
Chemical test, 21.14
Chemical test - less than .10, 21.16
Driving under the influence, 21.10
Essential elements, 21.20
Gross sexual imposition, 7.11
Liquor establishment,
Obscene performance, 20.15
Permitting obscene performance, 20.18
Sexual assault, 7.34
"Under the influence of intoxicating liquor", 21.12
ALIBI
Defense, 3.05
ALTERATION
See Forgery
ARREST
Deadly force, 3.55
Escape following arrest, 5.40
Lawful arrest, 3.25
Preventing arrest,
Defense, 13.10
Felony arrest, 13.05
Misdemeanor arrest, 13.08
Resisting arrest, 3.30
Resisting excessive force. 3.30
Use of reasonable force, 3.25
ARSON
Generally, 10.01
Death during, 6.03
Endangering by fire, 10.12
Indifference to life, 10.10
Failure to report fire, 10.15
ASSAULT
Aggravated assault,
Bodily injury while attempting same, 8.03
Dangerous weapon, 8.02
Included offense, 8.12
Using firearm or destructive device, 8.04
Willful conduct, 8.01
Bodily injury, 8.03
Class B misdemeanor, 8.10 (Note)
Class C felony, 8.10 (Note)
During judicial proceeding, 8.10
Firearm, destructive device, weapon, 8.10
Force,
See Force
Negligent conduct, 8.12
Peace officer,
Negligent injury, 8.10
Willful injury, 8.10
Sexual assault,
Offensive conduct, 7.32
Mental disease, 7.33
Impaired power to resist, 7.34
Person in custody, 7.35
Minor 15 years or older, 7.36
Simple assault, 8.10
Use of dangerous weapon, 8.02
ASSEMBLY
See Riot
ATHLETICS
See Sports
ATTEMPT
See Criminal Attempt
BETS AND BETTING
Gambling, 19.00
Gambling as business, 19.10
"Gaming devise", 19.12
Lottery, 19.05
BIGAMY
Generally, 7.56
BODILY INJURY
Aggravated assault, 8.01 et seq.
Endangering by fire or explosion, 10.12
Indifference to life, 10.10
Preventing arrest, 13,05
Prevention with force, 3.68
Robbery, 9.00 et seq.
Simple assault, 8.10
Firearm, destructive device, or weapon, 8.10
BOOKMAKING
See Bets and Betting
BREACH OF PEACE
Disobeying public safety order, 17.15
Disorderly conduct, 17.20
BRIBERY
Agreeing to receive a bribe, 15.30
Asking for a bribe, 15.30
Prima facie case, 15.30 (Note)
Commercial,
Acceptance of bribe, 15.72
Conferring bribe, 15.71
Defense negated, 15.30
Election, 16.10
Non-public servant,
Trading in public endorsement, 15.50
"Approved", 15.50
"Disapproval", 15.50
"Party official", 15.50
Trading in special influence, 15.52
"Party official", 15.52
"Special influence", 15.52
Offering a bribe,
To a witness, 15.00
Public official,
Offering or giving, 15.42
Soliciting or accepting, 15.40
Soliciting a bribe, 15.30
Sports,
Offering bribe, 15.60
Soliciting or accepting, 15.70
Voting, 16.10
BUILDINGS
Arson, 10.01
Burglary,
Class B felony, 9.10
Class C felony, 9.12
Criminal trespass,
Class A misdemeanor, 9.22
Class C felony, 9.20
"Dwelling", 9.40
Endangering by fire,
Indifference to life, 10.10
Reckless, 10.12
Evacuation, 8.32
"Highly secured premises", 9.40
"Occupied structure", 9.40
"Night", 9.40
"Storage structure", 9.40
Terrorizing, 8.32
BURDEN OF PROOF
Beyond a reasonable doubt, 1.10
Examples, Appendix BR-2
Clear and convincing,
Examples, Appendix BR-2
Defense burden, 3.01
Preponderance of the evidence,
Examples, Appendix BR-1
Presumption of innocence, 1.05
Probable cause,
Examples, Appendix BR-1
Reasonable suspicion,
Examples, Appendix BR-1
BURGLARY
Burglary,
Class B felony, 9.10
Class C felony, 9.12
Burglary of motor vehicle,
Class B felony, 9.30
Class C felony, 9.32
Death during, 6.03
"Dwelling", 9.40
"Highly secured premises", 9.40
"Night", 9.40
"Occupied structure", 9.40
"Storage structure", 9.40
BUT FOR TEST
Causation, 4.50
CAPACITY
Endangering vulnerable adult, 8.90
Gross sexual imposition, 7.14
Post-trial disposition, 3.07
Sexual assault, 7.33
Use of force for supervision, 3.62
Verdict form,
Lack of criminal responsibility, 5.80
CARS
See Motor Vehicles
CAUSATION
Generally, 4.50
Concurrent cause, 4.50
CHARGE
Not evidence, 1.05
CHARGE TO JURY
Deliberations and conduct, 5.60
Depositions, 5.48
Description, Intro.
(Illustration), 1.01
Duty of jury, 5.01
Failure to testify, 5.42
Fair treatment, 5.55
Impeachment, 5.10
Included offense, 2.30
Matters of common knowledge, 5.20
Motive, 5.35
Number of witnesses, 5.06
Out-of-court statements, 5.14
Presumption, 5.18
Proof of intent, 5.38
Related acts, 5.30
Statements by counsel and judge, 5.50
View of premises, 5.08
Weight and credibility, 5.04
CHILD ABDUCTION
See Kidnapping
CHILD ABUSE
See Children and Minors
CHILD PORNOGRAPHY
See Children and Minors
CHILDREN AND MINORS
Abuse,
Defense as parent, 8.80
Continuous sexual abuse, 7.30
Contributing to the delinquency, 7.20
Controlled substances,
Delivery of drug paraphernalia, 22.10
Corruption of minors, 7.20
Delivery of drug paraphernalia, 22.10
Gross sexual imposition,
Affirmative defense, 7.25
Under 15-years-old, 7.13
Parental right to discipline, 8.80
Promoting obscenity, 20.20
"Harmful to minors", 20.20
"Promote", 20.20
"Sexual excitement", 20.20
Proof of majority, reliance, 7.25
Registration of sexual offenders, 7.90
Sexual abuse, 7.30
Solicitation,
Controlled substances, 22.30
Sexual act, 7.21
Affirmative defense, 7.25
Use of force for care and supervision, 3.60
CIRCUMSTANTIAL EVIDENCE
Generally, 5.16
Failure to testify, no inference, 5.42
Inferences, 5.16
Intent, 5.38
Presumption, 5.18
CIVIL RIGHTS
Discrimination in public places, 16.12
Interference with rights, 16.00
Official oppression, 16.00
Preventing exercise of, 16.15
CLEAR AND CONVINCING
Burden of proof, Appendix BR-2
COMMITMENT
Post-trial disposition, 3.07
CONCEALMENT
Definitions, 9.40
Within a vehicle, 9.30
CONCURRENT CAUSES
Causation, 4.50
CONFLICTING TESTIMONY
Conflicting testimony, weighing, 5.10
CONSENT
Defense,
Bodily injury, 3.20
Damaging property or public service, 3.22
CONSPIRACY
See Criminal Conspiracy
CONTRIBUTING TO DELINQUENCY
Corruption of minors, 7.20
CONTROLLED SUBSTANCES
Generally, 22.00
Actual possession, 22.42
Advertisement, 22.15
Children and minors,
See Children and Minors
Constructive possession, 22.42
"Counterfeit substance", 22.40
Counterfeit substances,
Create, deliver, possess, 22.25
Delivery, 22.20
"Delivery", 22.40
Counterfeit substances, 22.25
Delivery of paraphernalia to minor, 22.10
Illegal possession, 22.35
"Manufacture", 22.40
Manufacture, 22.20
Counterfeit substances, 22.25
Marijuana possession,
More than one-half ounce, 22.35
Operating motor vehicle, 22.35
Near schools, 22.35
Paraphernalia,
Delivery to minor, 22.10
Illegal offer to sell, 22.15
Manufacture or delivery, 22.05
Possession, 22.00
Possession, 22.35
Drug paraphernalia, 22.00
Solicitation of minor, 22.30
CONVICTIONS
Forms of verdict,
For included offense, 5.72
For two included offenses, 5.74
Included offenses, 2.30
CORRECTIONAL INSTITUTIONS
See Prisons
CORROBORATION
Witness, 2.25
COUNTERFEITING
See Forgery
Controlled Substances, 22.25
CRIMINAL ATTEMPT
Generally, 2.01
Abandonment defense, 4.15
Renunciation, 4.15
"Substantial step", 2.01
CRIMINAL COERCION
Generally, 8.40
Affirmative defense, 8.45
CRIMINAL CONSPIRACY
Generally, 2.06
Abandonment of, 2.06
Additional evidence required, 2.25
Affirmative defense,
Renunciation, 4.20
Co-conspirators, 2.20
Identity of co-conspirator unknown, 2.06
"Objectives", 2.06
Testimony of-conspirator, 2.25
CRIMINAL FACILITATION
Substantial assistance, 2.02
CRIMINAL INTENT
See Intent
CRIMINAL MISCHIEF
Damaging property, 10.20
Tampering with property, 10.20
Tampering with public service, 10.30
CRIMINAL SOLICITATION
Generally,, 2.04
Affirmative defense, 4.40
Renunciation, 4.20
CRIMINAL TRESPASS
Class A misdemeanor, 9.22
Class A or B misdemeanor,
Knowledge, 9.24
Remaining on property, 9.26
Class C felony, 9.20
Definitions, 9.40
CULPABILITY
"Intentionally", 22.40
"Knowingly", 22.40
"Recklessly", 22.40
"Willfully", 22.40
DANGEROUS WEAPONS
See Weapons
DEATH
Felony resisting arrest, 5 3.5
Homicide, 6.00
Reckless endangerment, 8.22
Extreme indifference to human life, 8.20
Self-defense, 3.32
Use of force to prevent, 3.68
While committing crime, 6.03
DECEDENTS
Negligence of, 4.45
DEFENDANTS
See Accomplices and Accessories
DEFENSES
Generally, 3.00
Abandonment, 4.15
Acquittal,
No defense to conspiracy, 2.06
Alibi, 3.05
Burden of proof, 3.01
Affirmative defense, 4.30
Care and supervision of minors, 3.60
Causation, 4.50
Consent, 3.20
Bodily injury, 3.20
Damaging property, 3.22
Defense of others, 3.40
Duress, 4.05
Entrapment, 4.10
"Law enforcement agent", 4.10
Excuse, 3.80
Governmental function, 13.01
Ignorance of the law, 4.01
Intoxication, 3.08
Voluntary intoxication not a defense, 3.10
Justification,
Care of incompetent person, 3.62
Care of minors, 3.60
Person responsible for order, 3.64
Physician, 3.66
Prevent injury or death, 3.68
Lack of criminal responsibility, 3.06
Limits on deadly force, 3.55
Mental disease or defect, 3.06
Mistake of fact, 3.80
Mistake of law, 4.01
Murder, multiple participants, 6.10
Negligence of decedent, 4.45
Parental right to discipline child, 3.60
Preventing discharge of duties, 13.10
Property,
Consent, 3.22
Force, 3.50
Public duty, 3.25
Restitution not a defense, 3.15
Self-defense,
Actual danger, 3.30
After provocation, 3.32
Against law officer, 3.30
Mutual combat, 3.32
Reasonableness of belief, 3.34
Sexual offenses,
Belief as to age, 7.25
Theft, restitution not a defense, 3.15
Use of force in defense of another, 3.40
Voluntary renunciation, 4.15
Worthless checks,
Restitution not a defense, 3.15
DELIBERATIONS
Charge to jury,
See Charge to Jury
Fair treatment, 5.55
Conduct in retirement, 5.60
DEPENDENT ADULTS
See Incompetent Person
DESTRUCTIVE DEVICES
Arming rioters, 17.05
Aggravated assault, 8.04
Simple assault, 8.10
Negligent infliction, 8.10
DETENTION
Escape, 14.10
Felonious restraint, 8.74
Unlawful imprisonment, 8.80
Official oppression, 16.00
Prisons and Prisoners,
See Prisons and Prisoners
DISCIPLINE
Parental right to discipline child, 3.60
DISCRIMINATION
Preventing exercise of civil rights, 16.15
Public places, 16.12
DISORDERLY CONDUCT
Generally, 17.20
Disobeying public safety order, 17.15
Engaging in a riot, 17.10
Inciting riot,
Five or more, 17.00
One hundred or more, 17.01
"Public safety order", 17.15
"Riot", 17.05
DISTURBING THE PEACE
See Disorderly Conduct
DOUBT
See Reasonable Doubt
DRUGS
See Controlled Substances
DWELLINGS
See Buildings
"Dwelling", 9.40
ELECTION
Bribery, 16.10
Interference with, 16.05
EJECTION OF TRESPASSER
Use of force, 3.50
ENDANGERING BY FIRE,
Indifference to life, 10.10
Reckless, 10.12
ENDANGERMENT
Vulnerable adult, 8.90
ENTRAPMENT
Generally, 4.10
"Law enforcement agent", 4.10
ENTRY UPON LAND
Criminal trespass, 9.24
Unauthorized entry, 9.24
ESCAPE
Failure to appear, 14.05
Fleeing in vehicle, 14.00
From detention, 14.12
"Official detention", 14.15
Permitting escape, 14.20
Possessing contraband, 14.27
Providing contraband, 14.26
Using victim as shield, 8.70
Using weapon, 14.10
ESSENTIAL ELEMENTS
Charge to the jury, Intro.
EVIDENCE
Burden of proof,
See Burden of Proof
Charge not evidence, 1.05
Circumstantial evidence, 5.16
Clear and Convincing,
Examples, Appendix BR-2
Common knowledge, 5.20
Conflicting testimony, 5.04
Corroborating witness is accomplice, 2.25
Depositions, 5.48
Direct evidence, 5.16
Expert opinion, 5.12
Failure of accused to testify, 5.42
False testimony, 5.10
Flight after crime, 5.40
Impeachment, 5.10
Inconsistent prior statements, 5.10
Instructing juror, Intro.
Motive, 5.35
Proof not essential, 5.35
Related acts, 5.30
Number of witnesses, 5.06
Out-of-court statements, 5.14
Preponderance of the evidence,
Examples, Appendix BR-1
Presumption, 5.18
Statutory presumptions, 5.18 (Note)
Probable cause,
Examples, Appendix BR-1
Proof beyond a reasonable doubt, 1.10
Examples, Appendix BR-2
Related acts, 5.30
Showing motive, 5.30
Third persons in sex offense, 5.30 (Note)
Third persons in embezzlement, 5.30 (Note)
Scientific matters, 5.20
Statements by counsel and judge, 5.50
Testimony of accomplice, 2.25
View of premises, 5.08
Weight and credibility, 5.04
EXCUSE
See Self-Defense
EXPERT TESTIMONY
Opinion of expert, 5.12
EXPLOSIVES
Aggravated assault, 8.04
Burglary, 9.10
Murder,
Affirmative defense, 6.10
Simple assault, 8.10
Negligent conduct, 8.12
EXPOSURE
Indecent exposure, 7.54
EXTORTION
Theft of property by threat, 11.02
FAILURE TO APPEAR
Generally, 14.05
Escape,
See Escape
Flight after crime, 5.40
FALSE IMPRISONMENT
Felonious restraint, 8.74
Official oppression, 16.00
Unlawful imprisonment, 8.80
FALSE INSTRUMENTS
Copying, 18.18
Deceptive writing, 18.25
Facilitation of counterfeiting, 18.10
Forgery,
Class A misdemeanor, 18.05
Class B felony, 18.00
Class C. felony, 18.01
Trafficking in counterfeit, 18.20
FALSE STATEMENT
False report to law enforcement, 15.22
Governmental matter, 15.20
"Governmental matter", 15.20
Materiality, 15.25
"Statement", 15.20
FEAR
Harassment, 8.50
Menacing, 8.35
Stalking, 8.60
Protected activity, 8.60 (Note)
Terrorizing, 8.32
FELONY RESISTING ARREST
Preventing arrest, 13.05
FIRE
Endangering,
Indifference to life, 10.10
Simple, 10.12
Failure to control or report, 10.15
Tampering with public service,
Intentional, 10.30
Knowing - reckless, 10.32
Willful, 10.34
FIREARMS
Aggravated assault,
With dangerous weapon, 8.02
With firearm, 8.04
Arming rioters, 17.05
"Dangerous weapon", 9.01
Loaded in vehicle, 21.50
Robbery, 9.00 et seq.
Simple assault, 8.10
Negligent infliction, 8.12
Theft, 11.01
FIREFIGHTERS
Simple assault, 8.10
FLEEING POLICE OFFICE
Generally, 14.00
FLIGHT
Escape,
Using weapons, 14.10
With felony charge, 14.12
Evidence, after crime, 5.40
Failure to appear, 14.05
Fleeing peace officer, 14.00
Permitting escape, 14.20
FORCE
Affirmative defense, 4.05
Attempt to induce false testimony, 15.00
Attempt to inflict serious bodily injury, 8.03
Deadly force, 3.55
Defense of others, 3.40
Defense of property, 3.50
Discrimination in public place, 16.12
Escape by force, 14.10
Execution of public duty, 3.25
Felonious restraint, 8.74
Interference with election, 16.05
Justification,
Care of incompetent person, 3.62
Care of minors, 3.60
Definitions,
"Deadly force", 3.70
"Force", 3.70
Person responsible for order, 3.64
Physician, 3.66
Prevent injury or death, 3.68
Limits on deadly force, 3.55
Preventing escape, 3.55
Preventing exercise of civil rights, 16.15
Self-defense, 3.30 et seq.
Under duress, 4.05
Witness tampering, 15.00
FORGERY
Generally, 18.00 et seq.
Class A misdemeanor, 18.05
Class B felony, 18.00
Class C. felony, 18.01
Copying, 18.18
Deceptive writing, 18.25
Facilitation of counterfeiting, 18.10
Trafficking in counterfeit, 18.20
GAMBLING
Generally, 19.00
Business, 19.10
"Coin-operated gaming device", 19.12
Infraction, 19.00
"Gambling", 19.00
"Lottery", 19.05
Lottery participation, 19.05
GOVERNMENT FUNCTION
False statements, 15.20
"Governmental matter", 15.20
"Statement", 15.20
Physical obstruction, 13.00
Defense, 13.01
GREAT BODILY INJURY
See Bodily Injury
GUILT
Defendant not testifying, 5.42
HARASSMENT
Generally, 8.50
Stalking, 8.60
"Course of conduct", 8.60
"Immediate family" member, 8.60
No actual notice not a defense, 8.60 (Note)
Protected activity, 8.60 (Note)
HINDERING LAW ENFORCEMENT
Generally, 13.15
HOMICIDE
Generally, 6.00
Affirmative defenses, 6.10
Class A felony, 6.15
During commission of crime, 6.03
Emotional disturbance, 6.15
"Extreme emotional disturbance", 6.16
Extreme indifference to life, 6.02
Intentional, 6.01
Manslaughter, 6.20
Multiple participants, 6.10
Murder,
Affirmative defenses, 6.10
Class A felony, 6.15
Extreme indifference to life, 6.02
Intentionally or knowingly, 6.01
While committing crime, 6.03
Negligent homicide, 6.30
While committing crime, 6.03
HIV
Transfer of body fluid, 7.70
HUSBAND AND WIFE
Adultery, 7.42
Bigamy, 7.56
INCEST
Generally, 7.50
INCLUDED OFFENSE
Charge to jury, 2.30
Definition, 2.30
INCOMPETENT PERSON
Caregiver endangering, 8.90
Endangerment, 8.90
Mental disease or defect,
See Mental Disease or Defect
Use of force on, 3.62
IGNORANCE
Fact, ignorance or mistake, 3.80
Law, ignorance or mistake, 4.01
INDECENT EXPOSURE
Generally, 7.54
INFERENCES
See Presumption
INHABITED DWELLING
See Buildings
"Inhabited structure", 10.40
INJURIES
See Bodily Injury
INNOCENCE
Presumption of innocence, 1.05
INSANITY
See Mental Disease or Defect
INSURANCE
Fraudulent claims,
Arson, 10.01
Driving without, 21.00
INTENT
Proof of, 5.38
Related acts to show intent, 5.30
INTENTIONALLY
Defined, 22.40
INTOXICATION
Effect on culpability, 3.08
Voluntary intoxication, 3.10
INTRUDERS
Resisting intruder on one's property, 3.50
JOINT RESPONSIBILITY
See Criminal Conspiracy
JUDGES
Charging the jury, Intro.
(Illustration), 1.01
Closing instructions, 5.00 et seq.
Comments by counsel and court, Intro.
Instructing jurors, Intro.
Penalty or punishment, 5.45
Public Servant.
See Public Servant
Statements by judge, 5.50
Using NDPJI, Gen. Directions
JURY
Closing instruction, 5.00 et seq.
Conduct in retirement, 5.60
Deliberations in retirement, 5.60
Duty to follow essential elements, 5.01
Duty to receive law from the court, Intro.
Fair treatment, 5.55
"Find", 5.01
Jury leader, 5.60
Penalty or punishment, 5.45
JUSTIFICATION
Care of incompetent person, 3.62
Care of minors, 3.60
Definitions, 3.70
Person responsible for order, 3.64
Physician, 3.66
Prevent injury or death, 3.68
KIDNAPPING
Generally, 8.70
Abduction, 8.70
Death during, 6.03
Felonious restraint, 8.74
Gross sexual imposition,
Threat of kidnapping, 7.10
Holding for ransom, 8.70
Pre-trial release, 8.72
Unlawful imprisonment, 8.80
KNOWINGLY
Defined, 22.40
LAW
Ignorance or mistake of law, 4.01
LAW ENFORCEMENT OFFICERS
See Peace Officer
LIQUOR ESTABLISHMENT
Obscene performance,
Participating, 20.15
Permitting, 20.18
LOITERING
Disorderly conduct, 17.20
LOTTERY
"Lottery", 19.05
Participation, 19.05
Business, 19.10
LEWDNESS AND OBSCENITY
Disseminating, 20.00
Liquor establishment,
Performing, 20.15
Permitting performance, 20.18
Minors, 20.20
Obscene material,
Transporting, producing, 20.00
Performance,
Presenting, participating, 20.10
In liquor establishment, 20.15
Promoting to minors, 20.20
LIQUOR
See Alcoholic Beverages
See Obscenity
MAJORITY
Evidence of majority, reliance on, 7.25
MANSLAUGHTER
See Homicide
MANUFACTURERS AND MANUFACTURING
Controlled substances, 22.20
Drug paraphernalia, 22.05
Using drug paraphernalia, 22.00
MARIJUANA
See Controlled Substances
Amount, possession, 22.35
MENACING
Generally, 8.35
MENTAL DISEASE OR DEFECT
Affirmative defense, 3.06
Commitment, 3.07
Effect of "Not Guilty" verdict, 3.07
Endangering vulnerable adult, 8.90
Extension of commitment, 3.07
Gross sexual imposition, 7.14
Intoxication, 3.08
Lack of criminal responsibility, 3.06
Post-trial disposition, 3.07
Sexual assault, 7.33
Use of force for supervision, 3.62
Verdict form,
Lack of criminal responsibility, 5.80
MENTAL STATE
Insanity defense, 3.06
Intent, 5.38
Sexual assault, 7.33
MINORS
See Children and Minors
MISTAKE
Fact, ignorance or mistake of fact, 3.80
Law, ignorance or mistake of law, 4.01
Theft, 11.07
MOTIVE
Evidence,
Related acts, 5.30
MOTOR VEHICLES
Alcohol,
Driving under the influence, 21.12
Driving under the influence, 21.12
Driving under revocation, 21,05
Driving under suspension, 21.05
Driving without insurance, 21.00
Drug-influenced driving, 21.10
Flight from pursuing officer, 14.00
Loaded firearm in, 21.50
Negligent homicide, 6.30
Possession of controlled substance, 22.35
Reckless driving, 21.30
Aggravated reckless driving, 21.31
MURDER
See Homicide
NEGLIGENCE
Excuse,
Negligently held belief, 3.80
Decedent negligence, 4.45
NIGHT
Definition, 9.40
NOT GUILTY
Presumption of innocence, 1.05
OBSCENITY
Disorderly conduct, 17.20
Disseminating material, 20.00
"Harmful to minors", 20.20
Liquor establishment,
Participating, 20.15
Permitting, 20.18
Performance, 20.10
"Promote", 20.20
Promoting to minors, 20.20
"Sexual excitement", 20.20
OBSTRUCTION
Governmental function, 13.00
Defense, 13.01
OCCUPIED STRUCTURE
Definition, 9.40
OFFICERS
Accountability for organization, 2.08
Agent, 2.10
Commercial bribery,
Accepting bribe, 15.72
Conferring bribe, 15.71
Corporation liability, 2.12
Security officer,
False information, 15.25
False report, 15.22
ORGANIZATIONS
Corporations,
Agent's acquittal, 2.12
Liable for agent, 2.12
Defined, 2.10
Individual accountability, 2.08
PEACE OFFICERS
Disarming, 11.10
Eluding police officer, 14.00
False report to, 15.22
Fleeing a police officer, 14.00
Hindering law enforcement, 13.15
"Law enforcement agent", 4.10
Preventing arrest,
Felony arrest, 13.05
Misdemeanor arrest, 13.08
Simple Assault, 8.10
Negligent conduct, 8.12
PERSONAL PROPERTY
Theft,
See Theft
Using force to defend, 3.50
POLICE
See Peace Officers
PORNOGRAPHY
See Obscenity
POSSESSION
Actual, 22.42
Constructive, 22.42
Controlled substances, 22.35
With intent to deliver, 22.20
Counterfeit substances,
With intent to deliver, 22.25
Drug paraphernalia, 22.00
PREPONDERANCE OF THE EVIDENCE
Burden of proof, Appendix BR-1 et seq.
PRESUMPTION
Generally, 5.18
Innocence, 1.05
Statutory presumptions, 5.18 (Note)
PREVENTING ARREST
Felony arrest, 13.05
Misdemeanor arrest, 13.08
PRIOR CONVICTIONS
Similar acts, 5.30
PRISONS
Contraband,
Possession, 14.27
Providing for escape, 14.26
Detention,
Definition, 14.15
Escape
Death during, 6.03
Felony charge, 14.12
Possessing contraband, 14.27
Providing contraband, 14.26
With weapon, 14.10
Holding hostages, 8.70
Inciting riot,
Five or more, 17.00
One hundred or more, 17.01
Kidnapping,
Using victim as shield, 8.70
Negligent injury on employee, 8.12
"Official detention", 14.25
Permitting escape, 14.20
Riot, 14.25
Sexual abuse of ward, 7.31
Sexual assault, 7.35
Simple assault, 8.10
PROBABLE CAUSE
Burden of proof, Appendix BR-1
PROPERTY
Arson, 10.01
Consent as a defense, 3.22
Criminal mischief, 10.20
Damage, 10.00 et seq.
Definitions, 10.40
Entrusted property, 11.20
Failure to control fire, 10.15
Fire or explosion,
Indifference to life, 10.10
Simple, 10.12
Harassment, 8.50
"Inhabited property", 10.40
Stolen property, 11.40
Tampering with public service, 10.34
Intentional, 10.30
Knowing - reckless, 10.32
Theft,
Deception or threat, 11.02
Delivered by mistake, 11.07
Entrusted property, 11.20
Lost or mislaid, 11.06
Receipt of stolen property, 11.03
Unauthorized conduct, 11.01
Threat to, 8.50
Using force to defend, 3.50
PROSTITUTION
Facilitating prostitution,
Class A misdemeanor, 7.63
Included offense, 7.65
Intentional, 7.64
Promoting prostitution,
Class C felony, 7.60 et seq.
Included offense, 7.62
Prostitution,
Class B misdemeanor, 7.66
PROVOCATION
Murder, extreme emotional disturbance, 6.15
"Extreme emotional disturbance", 6.16
PUBLIC ASSEMBLY
Causing disruption, 8.32
Disobeying public safety order, 17.15
Disorderly conduct, 17.20
PUBLIC AUTHORITY
Kidnapping,
Using victim to interfere with duties, 8.70
Obstruction of governmental function, 13.00
Defense, 13.01
Preventing discharge of duties,
Felony, 13.05
Misdemeanor, 13.08
PUBLIC CRIMES
Generally, 13.00
Aiding crime, 13.20 et seq.
Bribery, 15.30
Commercial bribery, 15.71 et seq.
Counterfeiting, 18.00 et seq.
Discrimination, 16.12
Disobeying of public safety order, 17.15
Disorderly conduct, 17.20
Driving, 21.00 et seq.
Drugs, 22.00 et seq.
Election interference, 16.10
Escape, 14.10
Failure to appear, 14.05
False information, 15.25
False reports to officer, 15.22
False statements, 15.20
Fleeing police officer, 14.00
Driving, 21.00 et seq.
Drugs, 22.00 et seq.
Forgery, 18.00 et seq.
Gambling, 19.00 et seq.
Hindering law enforcement, 13.15
Indecent exposure, 7.54
Obscenity, 20.00 et seq.,
Obstruction of governmental function, 13.00
Official oppression, 16.00
Preventing arrest, 13.05
Preventing exercise of civil rights, 16.15
Riots, 17.00 et seq.
Sports bribery, 15.70 et seq.
Tampering with witnesses, 15.00
Threatening public servant, 15.56
Threatening harm, 15.55
Trading in public office, 15.50
Special influence, 15.52
Unlawful compensation, 15.40 et seq.
PUBLIC FACILITY
Arson, 10.01
Endangering by fire, 10.10 et seq.
Tampering with service,
Intentional, 10.30
Knowing - reckless, 10.32
Willful, 10.34
Vital public facility,
Definition, 10.40
PUBLIC OFFICER
Asking or receiving bribe, 15.30
Prima facie case, 15.30 (Note)
Entrusted property, 11.20
Execution of public duty, 3.25
Hindering law enforcement, 13.15
Threatening, 15.56
Use of force to maintain order, 3.64
Threats to influence conduct, 8.40
Preventing arrest,
Defense, 13.10
Felony arrest, 13.05
Misdemeanor arrest, 13.08
Nondisclosure of retainer to, 15.05
Security official,
Defined, 15.22
Disobedience of order, 17.15
Violation of legal duty, 15.30
Trading in special influence, 15.52
"Party official", 15.52
Threatening harm, 15.56
Unlawful compensation,
Soliciting thing of value, 15.40
Offering thing of value, 15.42
Official oppression, 16.00
PUBLIC MEETING
See Public Assembly
PUBLIC SERVANT
See Public Officer
PURSUIT
Flight from peace officer, 14.00
RANSOM
Kidnapping, 8.70
RAPE
Belief as to age, 7.25
Death during, 6.03
Definitions, 7.01
Force or threat, 7.10
Gross sexual imposition, 7.10
Impaired power to resist, 7.11
Mental disease, 7.14
Victim unaware, 7.12
Victim under 15-years-old, 7.13
REAL ESTATE
See Property
REASONABLE DOUBT
Presumption of innocence, 1.05
Proof beyond a reasonable doubt, 1.10
Examples, Appendix BR-2
Reasonable suspicion, Appendix BR-1
RECEIVING STOLEN PROPERTY
Generally, 11.03
RECKLESS DRIVING
See Motor Vehicles
RECKLESS ENDANGERMENT
Extreme indifference to human life, 8.20
Included offense, 8.22
RECKLESSLY
Defined, 22.40
RESISTING ARREST
Defense, 13.10
Hindering law enforcement, 13.15
Resisting excessive force. 3.30
Resisting felony arrest, 13.05
Resisting misdemeanor arrest, 13.08
RESTITUTION
Robbery, burglary, theft,
Not a defense, 3.15
RETREAT
Assailed person, self-defense, 3.32
Reasonableness of belief, 3.34
RIOTS
Arming rioters, 17.05
Five or more, 17.00
Engaging in, 17.10
Disobedience of safety order, 17.15
Incitement to riot, 14.25
Inciting riot,
Five or more, 17.00
One hundred or more, 17.01
"Official detention", 14.25
"Riot", 17.00
ROBBERY
Class A felony, 9.01
Class B felony, 9.02
Class C felony, 9.03
Death during, 6.03
SCHOOLS
Controlled substances, possession, 22.35
SECURED CREDITORS
Defrauding,
Security interest, 11.30
False statement, 11.35
SECURED PREMISES
Definition, 9.40
SELF DEFENSE
Actual danger, 3.30
After provocation, 3.32
Against law officer, 3.30
Deadly force, 3.55
Mutual combat, 3.32
Reasonableness of belief, 3.34
SERIOUS BODILY INJURY
Aggravated assault,
Bodily injury while attempting injury, 8.03
Use of dangerous weapon, 8.02
Willful, 8.01
Endangering by fire or explosion, 10.12
Indifference to life, 10.10
Exposing to risk of, 8.74
Felonious restraint, 8.74
Menacing, 8.32
Preventing injury, 3.68
Preventing arrest, 13,05
Risk of,
Reckless endangerment, 8.20
Robbery, 9.00 et seq.
Simple assault, 8.10
Firearm, destructive device, or weapon, 8.10
Threats, 8.32
SERVICES,
Deception or threat, 11.04
Diverting, 11.05
SEX OFFENDERS
Registration, 7.90
SEXUAL ABUSE
See Children and Minors
SEXUAL OFFENSES
Generally, 7.00
Cohabitation, 7.44
"Notoriously", 7.44
"Openly", 7.44
Corruption of minors, 7.20
"Deviate sexual act", 7.01
Facilitating prostitution,
Class A misdemeanor, 7.63
Included offense, 7.65
Intentional, 7.64
Fornication, 7.40
Gross sexual imposition,
Death during, 6.03
Force or threat, 7.10
Impaired power to resist, 7.11
Mental disease, 7.14
Victim unaware, 7.12
Victim under 15-years-old, 7.13
Incest, 7.50
Indecent exposure, 7.54
"Object", 7.01
Promoting prostitution,
Class C felony, 7.60 et seq.
Included offense, 7.62
Prostitution, 7.66
Registration requirement, 7.90
Sexual abuse of child, 7.30
Sexual abuse of ward, 7.31
"Sexual act", 7.01
Sexual act, deviate, 7.52
Sexual assault,
Impaired power to resist, 7.34
Mental disease, 7.33
Minor 15-years or older, 7.36
Offensive conduct, 7.32
Persons in custody, 7.35
"Sexual contact", 7.01
Sexual imposition, 7.15
Solicitation of minor, 7.21
Therapist, exploitation, 7.80
Unconsciousness,
Gross sexual imposition, 7.12
Sexual assault, 7.34
Unlawful cohabitation, 7.44
SOLICITATION
See Criminal Solicitation
SPECIFIC INTENT
Criminal intent
SPORTS
Bribery,
Offering, 15.60
Receiving, 15.70
SPOUSES
See Husband and Wife
STALKING
Generally, 8.60
"Course of conduct", 8.60
"Immediate family", 8.60
STOWING AWAY
Generally, 9.35
Definitions, 9.40
STATEMENTS
Instruction on handling comments, Intro.
Prior consistent or inconsistent, 5.10
Statements by counsel and judge, 5.50
STOLEN PROPERTY
Receipt of, 11.03
STORAGE STRUCTURE
Definition, 9.40
STRUCTURES
See Buildings
TAMPERING
Tampering with witnesses, 15.00
Defense, 15.00 (Note)
TERRORIZING
Generally, 8.32
Felonious restraint, 8.74
Harassment, 8.50
Kidnapping,
Using victim to terrorize, 8.70
Menacing, 8.35
Stalking, 8.60
Threats, 8.32
TESTS
But for, 4.50
Causation, 4.50
Entrapment, 4.10
THEFT
Generally, 11.00 et seq.
Deception or threat, 11.02
Disarming law enforcement officer, 11.10
Diverting services, 11.05
Entrusted property, 11.20
Lost or mislaid property, 11.06
Motor vehicles, 11.15
Property theft,
Deception or threat, 11.02
Delivered by mistake, 11.07
Entrusted property, 11.20
Lost or mislaid, 11.06
Receipt of stolen property, 11.03
Stolen property, 11.40
Unauthorized conduct, 11.01
Receipt of stolen property, 11.03
Restitution not a defense, 3.15
Secured creditors,
False statement, 11.35
Security interest, 11.30
Services,
Deception or threat, 11.04
Diverting services, 11.05
Stolen property, 11.40
Theft of property, 11.02
Unauthorized conduct, 11.01
Use of vehicle, 11.15
THREATS
Criminal coercion, 8.40
Affirmative defense, 8.45
Discrimination in public place, 16.12
Disorderly conduct, 17.20
Gross sexual imposition, 7.10
Harassment, 8.50
Harm to public servants, 15.55
Influencing official action, 15.56
Interference with election, 16.05
Menacing, 8.35
Officials, 15.55
Preventing exercise of civil rights, 16.15
Sexual imposition, 7.15
Sports bribery, 15.60
Tampering with witnesses, 15.00
Terrorizing, 8.32
Threat to inflict injury, 8.50
Threatening public servant, 15.56
Threatening serious bodily injury, 8.35
Use of threat or force,
Theft of property, 11.02
Theft of services, 11.04
Witness tampering, 15.00
TRADING IN PUBLIC OFFICE
Non-public servant, 15.50
"Approved", 15.50
"Disapproval", 15.50
"Party Official", 15.50
Trading in special influence, 15.52
"Special influence", 15.52
TRESPASS
Defense of property, 3.50
Dwelling or secured premises, 9.20
Notice or posting, 9.24
Occupied structure, 9.22
Request to leave, 9.26
TRUTHFULNESS
Credibility of evidence, 5.04
Impeachment, 5.10
UNCONSCIOUSNESS
Gross sexual imposition, 7.12
Sexual assault, 7.34
UNDER THE INFLUENCE
Defined, 21.12
UNINHABITED STRUCTURES
See Buildings
VEHICLES
Breaking into,
Class B felony, 9.30
Class C felony, 9.32
Motor Vehicles,
See Motor Vehicles
Stowing away, 9.35
Theft, 11.01
Unauthorized use, 11.15
VERDICTS
Duty of jury, 5.01
"Find", 5.01
Forms of verdict, 5.70
For included offense, 5.72
For two included offences, 5.74
For two verdicts, 5.70
Penalty, 5.45
Verdict form,
Guilty, 5.76
Not guilty, 5.78
Not guilty by reason of lack of responsibility, 5.80
Sealed verdict, 5.65
VERDICT FORMS
Guilty, 5.76
Included offense, 5.72
Lack of criminal responsibility, 5.80
Not guilty, 5.78
Two included offenses, 5.74
Two verdicts, 5.70
VIOLENCE
See Force
VOLUNTARY MANSLAUGHTER
See Homicide
VULNERABLE ADULT
See Incompetent Person
WEAPONS
Aggravated assault, 8.02
Arming rioters, 17.05
Assault,
Aggravated, 8.02
Simple, 8.10
Breaking into vehicle,
Class B felony, 9.30
Burglary,
Class B felony, 9.10
Disarming law officer, 11.10
Escape using weapon, 14.10
Providing contraband, 14.26
Robbery,
Class A felony, 9.01
Class B felony, 9.02
WIFE
See Husband and Wife
WILLFULLY
Defined, 22.40
WITNESSES
Accomplice testimony, 2.25
Believability, 5.10
Bribery, 15.00
Conflicting testimony. 5.10
Contradictory statements, 5.10
Depositions, 5.48
Eyewitnesses, 5.16
Expert testimony, 5.12
Failure of accused to testify, 5.42
False testimony, 5.10
Impeachment, 5.10
Number of witnesses, 5.06
Out-of-court statements, 5.14
Tampering, 15.00
Unavailable witness, 5.48
Weight and credibility, 5.04
Willfully false witness, 5.10
Witness accomplice, 2.25