JURY INSTRUCTION DRAFTS - March 2008
If you have questions or comments, please contact please contact Jennifer M. Hauge at cjhauge@dishmail.net.
2008 NDJI-CIVIL
GENERAL DIRECTIONS FOR USE
1. The North Dakota Pattern Jury Instructions must be used with discretion, keeping in mind the following principles:
a) NDPJI is neither a restatement nor an encyclopedia of the prevailing law. The intent is to provide forms of instructions which are clear, unambiguous, impartial, and free from argument for specific subjects which are most often litigated.
b) The instructions are not all inclusive.
c) The law prevailing during the period of drafting is reflected in the instructions. As the law in any field becomes more refined or modified by statue or appellate decisions, NDPJI instructions should be modified.
2. Revisions will be required in many cases as to gender and number. Names of the parties shall be used wherever possible.
3. In many instances, alternatives or probable omissions have been included in parentheses or brackets. Where alternatives are indicated, the more appropriate one, in light of the evidence and the theory of the case, should be used. Indicated omissions should be treated in a similar manner.
4. "Notes" following each instruction contain cross references, directions, or cautions with respect to its use.
5. Parties are entitled to instructions as to their theories of the case, if supported by the evidence.
6. When the instructions are read or given to the Jury, the notes and citations should be omitted.
2008 NDJI-CIVIL C - 2.15
Proximate Cause
A proximate cause is a cause which, in natural and continuous sequence, produces the injury, and without which, the injury would not have occurred. It is a cause which had a substantial part in bringing about the injury either immediately or through events which follow one another.
[There may be more than one proximate cause of the injury. The fault of two or more persons may contribute to cause the injury, and in such case, each person's fault is regarded as a proximate cause.]
* * * * *
Reems v. St. Joseph's Hospital and Health Center, 536 NW2d 666 (ND 1995)
Beilke by Beilke v. Coryell, 524 NW2d 607 (ND 1994)
Andrews v. O'Hearn, 387 NW2d 716 (ND 1986)
Knorr v. K-Mart Corp., 300 NW2d 47 (ND 1980)
Froemke v. Otter Tail Power Co., 276 NW 146 (ND 1937)
2008 NDJI-CIVIL C - 70.62
Measure of Damages [False Imprisonment]
[Malicious Prosecution]
In arriving at the amount of your verdict for damages suffered by the Plaintiff and arising from [false imprisonment] [malicious prosecution], you may consider each of the following items of detriment which you find proximately caused from the wrongdoing:
1) Expenses incurred by the Plaintiff for defense in the [criminal prosecution] [civil action or proceeding] including reasonable attorney's fees;
2) Loss of productive time;
3) Deprivation of liberty;
4) Pain and suffering of body or mind, personal mortification, wounded feelings, humiliation, degradation, disgrace, embarrassment, wounded pride, loss of society of friends or relatives, and injury to Plaintiff's reputation now and reasonably certain to be suffered in the future. In this respect, you should consider all of the relevant circumstances, including the sex, age, sensitivity of the Plaintiff, and the intensity and duration of the emotional distress produced; [and]
5) Other items or detriment having a pecuniary value.
* * * * *
Stoner v. Nash Finch, Inc., 446 NW2d 747, 753 (ND 1989) (tort of abuse of process does not require specific proof of intangible damages)
Merchant v. Pielke, 84 NW 574, 576 (ND 1900)(malicious prosecution)
See NDJI C -11.00, False Imprisonment, NDJI-CIVIL C -13.00, Malicious Prosecution, and NDJI-CIVIL C-72.00, Exemplary Damages
Note: Elements of damage that are not pertinent in a given case should be omitted.
2008 NDJI-CIVIL C - 74.20
Elements of Damages
(Miscellaneous)
Injury to Property
NDCC 32-03-09.1.
Breach of Covenants in Grants
NDCC 32-03-11
Breach of Covenant Against Encumbrances
NDCC 32-03-12
Breach of Agreement to Convey Realty
NDCC 32-02-13
Breach of Agreement to Buy Realty
NDCC 32-02-14
Breach of Carrier's Obligation to Accept Cargo
NDCC 32-03-15
Breach of Carrier's Obligation to Deliver Freight
NDCC 32-02-16
Carrier's Delay in Delivery of Freight
NDCC 32-03-17
Breach of Warranty of Agent's Authority
NDCC 32-03-18
Wrongful Occupation of Realty
NDCC 32-03-21, 32-03-33
Willful Detention of Realty
NDCC 32-03-22, 32-03-33
Tenant's Failure to Surrender Premises
NDCC 32-03-27, 32-03-33
Forcible Exclusion from Realty
NDCC 32-03-29
Wrongful Injuries to Timber
NDCC 32-03-30, 32-03-33
Recovery Not More Than Gained By Performance
NDCC 32-03-36
Nominal Damages
NDCC 32-03-38
Fraudulent Use of Social Security Number
NDCC 32-03-52
Destruction of Crops, Livestock or Commodities
NDCC 32-03-52
2008 NDJI-CIVIL C - 75.02
Purpose of Taking
DELETED
2008 NDJI-CIVIL C - 75.03
Propriety of Taking Not in Issue
In this case the [government entity] has taken property for public use. The wisdom or propriety of the taking or the need for the taking by the [government entity] is not in issue in this case. The only issue for you to consider is the compensation and damages that should be awarded to the owner for the property taken.
* * * * *
Gissel v. Kenmare Twp., 512 N.W.2d 470, 477 (ND 1994) (cited by City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687, 755 (1999))
City of Minot v. Minot Highway Ctr., 120 NW2d 597 (ND 1963)
2008 NDJI-CIVIL C - 75.05
Just Compensation for Property Taken
With respect to the property actually taken, just compensation is the fair market value of the property taken and all improvements on that property, if any. You must determine that value as of the date of the [taking] [trial].
"Fair market value" is the highest price for which the property can be sold in the open market by a willing seller to a willing purchaser, neither party acting under compulsion and both exercising reasonable judgment.
In determining fair market value, you should consider, in addition to the uses to which the property has been put, all other uses for which it is suitable or adaptable and needed or likely to be needed in the reasonably near future as will in reasonable probability affect its market value while it is privately owned. However, the owner is not entitled to compensation based on remote, speculative, uncertain, or mere possible use.
Elements affecting value that depend upon events which, while within the realm of possibility, are not fairly shown to be reasonably probable, should be excluded from your consideration, for that would be to allow mere speculation and conjecture to become a guide of ascertainment of value.
The determination of value in a condemnation proceeding is not a matter of a formula or artificial rules, but of sound judgment and discretion based upon your consideration of all the relevant facts in a particular case.
* * * * *
NDCC º 32-15-22
NDCC º 32-15-23
Amerada Hess Corp. v. Conrad, 410 NW2d 124, 128 (N.D. 1987)
Hultberg v. Hjelle, 286 NW2d 448, 452 (N.D. 1979)
Chandler v. Hjelle, 126 NW2d 141 (ND 1964)
Little v. Burleigh County, 82 NW2d 603 (ND 1957)
Wishek Inv. Co. v. McIntosh County, 45 NW2d 417 (ND 1950)
City of Bismarck v. Casey, 43 NW2d 372 (ND 1950)
2008 NDJI-CIVIL C - 75.06
Special Needs and Values Disregarded
In determining fair market value, you must give no consideration to the fact that the [government entity] desires the property for a particular purpose. You must disregard any special value it may have to the [government entity] as distinguished from others who may or may not have the power to take this property. In other words, you must not consider the necessity of the taking authority. On the other hand, you must not take into consideration any peculiar value of the property to the landowner. Any special or peculiar value to either buyer or seller is not a measure of fair market value. You cannot consider the willingness or unwillingness of the landowner to have the property taken. The only question with respect to the property taken is the fair market value on the date of [taking] [trial].
* * * * *
NDCC 24-01-22
NDCC 32-15-23
Clapp v. Cass County, 236 N.W.2d 850, 859 (N.D. 1975)
NOTE: If the property is taken for right-of-way purposes, the fair market value is determined as of the date of taking. N.D. Const., º 16. If the property is not to be taken for right-of-way purposes, there can be no taking until just compensation has been first made to or paid into court for the owner. Id. This means a judicial determination. Becker County Sand & Gravel Co. v. Wosick, 245 NW 454 (ND 1932). Accordingly, the compensation for property to be taken for other than right-of-way purposes must be measured by its fair market value at the date of trial, notwithstanding the revision of NDCC 32-15-23.
2008 NDJI-CIVIL C - 75.10
Severance Damages
Because only a portion of the landowner's tract is taken, you must determine the severance damages, if any, that will accrue to the portion not [taken] [sought to be condemned]. Severance damages are measured by the loss in fair market value of the property affected.
[Severance damages can be allowed only where there is unity of use between the portion of the landowner's tract that is taken and the portion not taken. To constitute unity of use of property between two or more distinct parcels of land, there must be such connection or relation of adaptation, ownership, proximity, convenience, and actual and permanent use as to make the enjoyment of the portion taken reasonably and substantially necessary to the enjoyment of the portion not taken, in the most advantageous and profitable manner in the business of the unit for which they are used.]
The giving of instructions on severance damages must not be taken as a recognition that those damages exist. Whether severance damages exist and whether they are proximately caused by the taking are questions of fact for you to determine. If the portion of the property not [taken] [sought to be condemned] is not rendered any less valuable by reason of the taking, there is no financial loss and hence no damages resulting to that portion. Likewise, damages cannot be awarded if the claimed loss is not proximately caused by the taking.
* * * * *
NDCC 32-15-22
Grand Forks v. Hendon / DDRC / BP, LLC, 2006 ND 116 9-10, 715 NW2d 145, 147-48.
City of Jamestown v. Leever's Supermarkets, Inc., 552 NW2d 365, 374 (ND 1996)
City of Devils Lake v. Davis, 480 NW2d 720, 725 (ND 1992)
Sauvageau v. Hjelle, 213 NW2d 381 (ND 1973)
Little v. Burleigh County, 82 NW2d 603 (ND 1957)
2008 NDJI-CIVIL C - 75.12
Damage to Business
You may not award the landowner damages for any increased business expense or for damages to or loss of business that does not diminish the fair market value of the property from which the condemned interest is taken. Discomfort, disturbance, inconvenience, and injury to business that do not affect fair market value of the property not taken are sacrifices that society has a right to ask for the public good and, therefore, are not compensable.
* * * * *
Little v. Burleigh County, 82 NW2d 603, 613 (ND 1957)
2008 NDJI-CIVIL C - 75.14
[Lack] [Impairment] of Access After Taking
An abutting owner has the right of reasonable ingress or egress to the highway upon which the property abutted before the taking. If access to the highway available to the owner after the taking and after the construction of a [limited access] highway is [lacking] [or] [is not reasonably adequate], that [lack of access] [or] [impairment of access] is an element of severance damages to be awarded.
Annoyances and inconveniences, if any, other than those caused by reasonable restriction upon future access to the public highways, which are 1) of such a nature as to impair the fair market value of the remaining portion of the property, 2) caused by the character or operation of the improvement, and 3) different in nature from those suffered by the general public, are proper elements of severance damages to be awarded.
* * * * *
Boehm v. Backes, 493 NW2d 671, 674 (ND 1992)
Caddy v. North Dakota Dept of Transp., 472 NW2d 467, 469 (ND 1991)
Chandler v. Hjelle, 126 NW2d 141 (ND 1964)
2008 NDJI-CIVIL C - 75.16
When Right to [Compensation] [and] [Damages] Accrues
The right to [compensation] [and] [damages] is deemed to have accrued at the date of the [taking] [trial]. Its actual value at that date is the measure of compensation for all property actually [taken] [to be taken] [and the basis of damages to the property not actually taken, but injuriously affected]. [Improvements put upon property after [month] [date] [year], the date of service of the summons, cannot be included in the assessment of [compensation] [or] [damages]].
* * * * *
ND Const., º 16
NDCC 32-15-23; 24-01-22
City of Devils Lake v. Davis, 480 NW2d 720, 725 (ND 1992)
Volkmann v. City of Crosby, 120 NW2d 18 (ND 1963)
Kenner v. City of Minot, 98 NW2d 901 (ND 1959)
Little v. Burleigh County, 82 NW2d 603 (ND 1957)
Mayer v. Studer & Manion Co., 262 NW 925 (ND 1935)
NOTE: The date of taking controls where there has been a wrongful taking of the property or where there has been taking of property for right-of-way purposes.
2008 NDJI-CIVIL C - 75.18
Limitation of Award
In the event [severance] [consequential] damages are awarded, the amount of those damages must not be greater than the fair market value of the property affected and not [sought to be] taken.
* * * * *
N. States Power Co. v. Effertz, 94 NW2d 288 (ND 1959)
1986 NDJI-CIVIL C - 75.20
(2008 - reviewed with no changes; cases added)
Consequential Damages
"Consequential damages" are damages to property caused by the construction of the proposed improvement, although no part of the property is taken for public use.
It is not necessary that there be a direct injury to the property affected to warrant a recovery for consequential damages. It is sufficient that there be some direct, physical disturbance of a right, either public or private, that the property owner enjoys in connection with the property, and which gives to it additional value, by reason of which disturbance the property owner incurs a special injury with respect to the property in excess of that sustained by the public generally.
* * * * *
NDCC 32-15-22
Dutchuk v. Bd. of County Comm'rs Billings County, 429 NW2d 21, 23 (ND Ct App 1988)
Yegen v. City of Bismarck, 291 NW2d 422, 426 (ND 1980)
Eck v. City of Bismarck, 283 NW2d 193, 199 (ND 1979)
Wilson v. City of Fargo, 141 NW2d 727 (ND 1966)
Little v. Burleigh County, 82 NW2d 603 (ND 1957)
King v. Stark County, 271 NW 771 (ND 1937)
Cummings v. Minot, 271 NW 421 (ND 1937)
2008 NDJI-CIVIL C - 75.22
Allowance for Benefit
If, as in this case, [the property taken constitutes only a part of a larger parcel,] [property is damaged although no part of it is taken,] you must determine the amount to which the property not sought to be condemned will be specially benefitted, if at all, by the construction of the improvement proposed by the taking authority. If the benefit equals or exceeds the [severance damages] [and] [consequential damages], the owner of the property [interest] taken can be allowed no compensation [except for the fair market value of the portion taken]. If the benefit is less than the damages so assessed, the benefit must be deducted from the damages and the remainder must be the only damages allowed [in addition to just compensation for the value of the portion taken.]
* * * * *
N.D. Const., º 16
NDCC 32-15-22
2008 NDJI-CIVIL C - 75.24
Cost of Moving Personal Property
If property is [taken] [about to be taken] under eminent domain, and the [former] owner has personal property located on that property at the time of the taking [of possession], the [State] must give compensation for the actual cost of moving the personal property to a new location, selected by the owner, within this State. In that event, the cost, not exceeding the fair market value of the property to be moved, must be shown by actual, paid receipts.
* * * * *
NDCC 54-01.1-03
Schnaible v. City of Bismarck, 275 NW2d 859, 863 (ND 1979)
2008 NDJI-CIVIL C - 75.26
Evidence of Similar Sales Restricted
DELETED
1986 NDJI-CIVIL C - 75.28
(2008 - reviewed with no changes)
Controlled-Access Facility Defined
The term "controlled-access facility," as used in these instructions, means a highway or street especially designed for through traffic, and over, from, or to, which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air, or view by reason of the fact that their property abuts upon the controlled-access facility or for any other reason. The term "right of access," as used in this definition, means the right of ingress to a highway from abutting land and egress from a highway to abutting land.
* * * * *
NDCC 24-01-01.1(9), 24-01-01.1(35)
1986 NDJI-CIVIL C - 75.30
(2008 - reviewed with no changes; cases added)
Attorney's Fees and Costs in Eminent Domain
In an eminent domain action, the Court, in its discretion may award to the property owner reasonable, actual, or statutory costs, or both, which may include interest from the time of taking [except interest on the amount of a deposit that was available for withdrawal without prejudice to right of appeal], costs on appeal, and reasonable attorney's fees for all judicial proceedings. However, the Court will determine the awards for those items. You will not consider those matters or allow them to enter into your deliberations in arriving at your verdict.
* * * * *
NDCC 32-15-32
Cassady v. Souris Telephone Co-op, 803, 807 (ND 1994)
Gissel v. Kenmare Twp., 512 N.W.2d 470, 477 (ND 1994)
2008 NDJI-CIVIL C - 85.30
Sealed Verdict
You will be given a plain envelope. After you have arrived at a verdict, the Jury Leader will complete and sign a formal verdict, using the appropriate form accompanying these instructions. The Jury Leader will, in your presence, insert the verdict and all other verdict forms into the envelope and seal it. After this has been done, the Jury Leader will notify the bailiffs you have arrived at a verdict and deliver the sealed envelope to the bailiff. You may then separate. The bailiff will control and safely keep the sealed envelope and all other documents and exhibits submitted to you.
You will then report to the courtroom on at .m., at which time the sealed envelope will be opened and the verdict received by the Court. You must not disclose the verdict to anyone nor discuss it or the case with anyone until it has been received in open court.
* * * * *
NDCC 28-14-18
NDCC 28-14-22
NOTE: For sealed verdict in criminal matters, see NDCC 29-22-20 and 29-22-21.
2008 NDJI-CIVIL C - 90.01
General Verdict for Plaintiff
(Illustration)
We, the Jury impaneled and sworn in the above entitled action, find in favor of the Plaintiff, John Doe, and against the Defendant, Richard Roe, and assess the Plaintiff's damages in the sum of _______________ Dollars, $_______________, with interest thereon at the rate of _______________ percent per annum from the ____ day of __________, ____.
Dated this ____day of __________, ____.
_______________
Jury Leader
2008 NDJI-CIVIL C - 90.05
General Verdict for Defendant
(Illustration)
We, the Jury impaneled and sworn in the above entitled action, find in favor of the Defendant, Richard Roe, and against the Plaintiff, John Doe, for dismissal of the Plaintiff's Claim against the Defendant.
Dated this ____ day of __________, ____.
_______________
Jury Leader
2008 NDJI-CIVIL C - 90.10
General Verdict for Plaintiff
and for Dismissal of Counterclaim
(Illustration)
We, the Jury impaneled and sworn in the above entitled action, find in favor of the Plaintiff, John Doe, and against the Defendant, Richard Roe, and assess the Plaintiff's damages in the sum of _______________, Dollars ($_______________) together with interest thereon at the rate of _______________ percent per annum from the ____ day of __________, ____, and for a dismissal of the Defendant's Counterclaim.
Dated this ____ day of __________, ____.
_______________
Jury Leader
2008 NDJI-CIVIL C - 90.15
General Verdict for Defendant on
Counterclaim and for Dismissal of Plaintiff's Claim
(Illustration)
We, the Jury impaneled and sworn in the above entitled action, find in favor of the Defendant, Richard Roe, and against the Plaintiff, John Doe, for a dismissal of the Plaintiff's Complaint and in favor of the Defendant, Richard Roe, against the Plaintiff, John Doe, on his Counterclaim and assess damages in the sum of _______________, Dollars ($_______________), with interest thereon at the rate of _______________ percent per annum from the____ day of __________, ____.
Dated this ____ day of __________, ____.
_______________
Jury Leader
2008 NDJI-CIVIL C - 90.20
General Verdict of
Dismissal of Claim and Counterclaim
(Illustration)
STATE OF NORTH DAKOTA IN DISTRICT COURT
We, the Jury impaneled and sworn in the above entitled action, find in favor of the Defendant, Richard Roe, and against the Plaintiff, John Doe, for a dismissal of the Plaintiff's Complaint, and in favor of the Plaintiff, John Doe, and against the Defendant, Richard Roe, for a dismissal of the Defendant's Counterclaim.
Dated this ____ day of __________, ____.
_______________
Jury Leader
2008 NDJI-CIVIL C - 90.25
Verdict Invalidating Will
(Illustration)
We, the Jury impaneled and sworn, do declare invalid the Will executed by the Testator, Robert Doe, on the ____ day of __________, ____, upon a finding that the Will is the product of undue influence exerted upon the testator by the Defendant, Richard Roe.
Dated this ____ day of __________ , ____ at _______________, North Dakota.
_______________
Jury Leader
2008 NDJI-CIVIL C - 90.26
Verdict Upholding Will
(Illustration)
We, the Jury impaneled and sworn in the above entitled action, do uphold the validity of the Will executed by the Testator, Robert Doe, on the ____ day of __________, ____ , upon a finding that Plaintiff, John Doe, has failed to prove that the Will is the product of undue influence exerted upon the testator by Defendant, Richard Roe.
Dated this ____ day of __________, ____, at _______________, North Dakota.
_______________
Jury Leader
2008 NDJI-CIVIL C - 90.30
Verdict for Plaintiff - Conversion - Exemplary Damages
(Illustration)
We, the Jury impaneled and sworn in the above entitled action, find in favor of the Plaintiff, John Doe, and against the Defendant, Richard Roe, as follows:
1) For the recovery of possession of [personal property described in Complaint], and if possession cannot be had, compensatory damages for the wrongful conversion in the amount of _______________ Dollars ($_______________).
2) Compensatory damages for injury to the Plaintiff's business, resulting from the loss of use of personal property, in the amount of _______________ Dollars ($_______________), and
3) Exemplary damages for malicious and wrongful conversion of personal property in the amount of _______________ Dollars ($_______________), making a total award in favor of the Plaintiff and against the Defendant in the amount of _______________ Dollars ($_______________).
Dated this ____day of __________, ____.
_______________
Jury Leader
2008 NDJI-CIVIL C - 90.35
Verdict Awarding Compensation
and Damages in Eminent Domain
(Illustration)
We, the Jury impaneled and sworn in the above entitled action, award [just compensation for property taken] [and] [severance damages] [and] [consequential damages] [and] [cost of moving personal property] to the Plaintiff as follows:
1) Just compensation for property taken. . . . . . . . . . . . . . . . . .$
2) Severance Damages, if any, to lands not taken. . . . . . . . . .$
3) Benefits, if any, to lands not taken, by reason of
construction of proposed improvements. . . . . . . . . . . . . . . .$
4) Consequential Damages, if any, to lands not taken. . . . . . ..$
5) Cost of moving personal property to new location. . . . . . . .$
Dated this ____day of __________, ____.
_______________
Jury Leader
2008 NDJI-CIVIL C - 90.40
Special Verdict
(Illustration)
DELETED
2008 NDJI-CIVIL C - 90.55
Special Verdict - Products Liability - Comparative Causation
(Illustration)
DELETED
2008 NDJI-CIVIL C - 90.60
Interrogatories to Jury
(Illustration)
DELETED
2008 NDJI-CRIMINAL
GENERAL DIRECTIONS FOR USE
1. The North Dakota Pattern Jury Instructions must be used with discretion, keeping in mind the following principles:
a) NDPJI is neither a restatement nor an encyclopedia of the prevailing law. The intent is to provide forms of instructions which are clear, unambiguous, impartial, and free from argument for specific subjects which are most often litigated.
b) The instructions are not all inclusive.
c) The law prevailing during the period of drafting is reflected in the instructions. As the law in any field becomes more refined or modified by statue or appellate decisions, NDPJI instructions should be modified.
2. Revisions will be required in many cases as to gender and number. Names of the parties shall be used wherever possible.
3. In many instances, alternatives or probable omissions have been included in parentheses or brackets. Where alternatives are indicated, the more appropriate one, in light of the evidence and the theory of the case, should be used. Indicated omissions should be treated in a similar manner.
4. "Notes" following each instruction contain cross references, directions, or cautions with respect to its use.
5. Parties are entitled to instructions as to their theories of the case, if supported by the evidence.
6. When the instructions are read or given to the Jury, the notes and citations should be omitted.
2008 NDJI-CRIMINAL K - 5.65
Sealed Verdict
You will be given a plain envelope. After you have arrived at a verdict, the Jury Leader will complete and sign a formal verdict, using the appropriate form accompanying these instructions. The Jury Leader will, in your presence, insert the verdict and all other verdict forms into the envelope and seal it. After this has been done, the Jury Leader will notify the bailiffs you have arrived at a verdict and deliver the sealed envelope to the bailiff. You may then separate. The bailiff will control and safely keep the sealed envelope and all other documents and exhibits submitted to you.
You will then report to the courtroom on at .m., at which time the sealed envelope will be opened and the verdict received by the Court. You must not disclose the verdict to anyone nor discuss it or the case with anyone until it has been received in open court.
* * * * *
NDCC 29-22-20
NDCC 29-22-21
NOTE: Use of this instruction requires consent of the Defendant and the prosecuting attorney.
1985 NDJI-CRIMINAL K - 5.70
(2008 - reviewed with no changes)
Forms of Verdict
(For Two Verdicts)
Two forms of verdict will be submitted: one a form for finding the Defendant "Guilty," the other form for finding the Defendant "Not Guilty." You will return only one form of verdict.
You will now take this case, try it fairly and impartially between the State of North Dakota and the Defendant, and return such a verdict as is warranted under all the evidence and these instructions.
Dated at _______________, North Dakota, this____day of __________, ____.
BY THE COURT,
_______________
Judge
1985 NDJI-CRIMINAL K - 5.72
(2008 - reviewed with no changes)
Forms of Verdict
(For Included Offense)
Three forms of verdict will be submitted: one a form for finding the Defendant "Guilty" of the crime of _______________ as charged in the Information; another form for finding the Defendant "Guilty" of the crime of _______________, as an included offense charged in the Information; and a form for finding the Defendant "Not Guilty." You will return only one form of verdict.
You will now take this case, try it fairly and impartially between the State of North Dakota and the Defendant, and return such a verdict as is warranted under all the evidence and these instructions.
Dated at _______________, North Dakota, this ____ day of __________, ____ .
BY THE COURT,
_______________
Judge
1985 NDJI-CRIMINAL K - 5.74
(2008 - reviewed with no changes)
Forms of Verdict
(For Two Included Offenses)
Four forms of verdict will be submitted: one a form for finding the Defendant "Guilty" of the crime of _______________, as charged in the Information; another form for finding the Defendant "Guilty" of the crime of _______________, as an included offense charged in the Information; another form for finding the Defendant "Guilty" for the crime of _______________, as an included offense charged in the Information; and a form for finding the Defendant "Not Guilty." You will return only one form of verdict.
You will now take this case, try it fairly and impartially between the State of North Dakota and the Defendant, and return such a verdict as is warranted under all the evidence and these instructions.
Dated at ___________ ,North Dakota, this ____ day of ________ , ____.
BY THE COURT,
_______________
Judge
2008 NDJI-CRIMINAL K - 5.76
Verdict Form
(Guilty)
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF _______________ _______________ JUDICIAL DISTRICT
State of North Dakota, )
)
-vs- ) CRIMINAL NO.
)
) VERDICT
_______________ )
Defendant. )
We, the Jury duly impaneled and sworn in the above entitled action, do find the Defendant, _______________, GUILTY of the crime of _______________, as charged in the Information.
Dated at _______________, North Dakota, this ____ day of __________, ____.
_______________
Jury Leader
* * * * *
NDCC 29-22-16
2008 NDJI-CRIMINAL K - 5.78
Verdict Form
(Not Guilty)
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF _______________ _______________ JUDICIAL DISTRICT
State of North Dakota, )
)
-vs- ) CRIMINAL NO.
)
) VERDICT
_______________, )
Defendant. )
We, the Jury duly impaneled and sworn in the above entitled action, do find the Defendant,
_______________, NOT GUILTY of the crime of _______________, as charged in the Information.
Dated at _______________, North Dakota, this ____ day of __________, ____.
_______________
Jury Leader
* * * * *
N.D.R.Crim.P. 31
2008 NDJI-CRIMINAL K - 5.80
Verdict Form
(Not Guilty by Reason of Lack of Criminal Responsibility)
STATE OF NORTH DAKOTA IN DISTRICT COURT
COUNTY OF _______________ _______________ JUDICIAL DISTRICT
State of North Dakota, )
)
-vs- ) CRIMINAL NO.
)
) VERDICT
_______________, )
Defendant. )
We, the Jury duly impaneled and sworn in the above-entitled action, do find the Defendant, _______________, NOT GUILTY BY REASON OF LACK OF CRIMINAL RESPONSIBILITY of the crime of _______________, as charged in the Information.
Dated at _______________, North Dakota, this ____day of __________, ____.
_______________
Jury Leader
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N.D.R.Crim.P. 31
2008 NDJI-CRIMINAL K - 7.23
Luring Minors by Computer
An adult who knows the character and content of a computer communication that, in whole or in part, implicitly or explicitly discusses or shows actual or simulated [nudity] [sexual acts] [sexual contact] [sadomasochistic abuse] [or other sexual performances] and uses any computer communication system or other electronic means allowing inputting, outputting, examining, or transferring any and all information contained on a computer from one computer or electronic device to another to initiate or engage in this kind of communication with a person the adult believes is a minor; and
Through the communication, the adult importunes, invites, or induces a person the adult believes is a minor [to engage in sexual acts or to have sexual contact with the adult] [to engage in a sexual performance, obscene sexual performance, or sexual conduct for the adult's benefit, satisfaction, lust, passions, or sexual desires] is guilty of an offense.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________ knowingly;
2) Made a communication that, in whole or in part, implicitly or explicitly discussed or depicted actual or simulated [nudity] [sexual acts] [sexual contact] [sadomasochistic abuse] [or other sexual performances];
3) Used a computer communication system or other electronic means that allowed the input, output, examination, or transfer of computer data or computer programs from one computer or electronic device to another to initiate or engage in this type of communication;
4) To communicate with _______________ whom the Defendant, _______________, believed was a minor; and
5) Through this communication, the Defendant, _______________, importuned, invited, or induced _______________ to engage in sexual acts with the Defendant, to have sexual contact with the Defendant, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for the Defendant's benefit, satisfaction, lust, passions, or sexual desires.
[6) The Defendant was an adult twenty-two years old or older and reasonably believed the minor was fifteen years of age or younger.]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-20-02 (sexual acts, sexual contact), 12.1-27.2-01 (simulated, obscene sexual performance, sexual performance), 12.1-27.1-03.1 (nudity), 12.1-27.1-01 (sadomasochistic abuse, sexual conduct), 14.10-01 (minor)]
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NDCC 12.1-20-05.1
NOTE: The bracketed language of paragraph 6 should be used if a class C felony is charged; otherwise the offense is a class A misdemeanor.
2008 NDJI-CRIMINAL K - 7.44
False Representation of Marital Status
An individual is guilty of an offense if [he] [she] lives openly and notoriously with an individual of the opposite sex as a married couple without being married to the other individual and falsely represents the couple's status as being married to each other.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, and _______________, a person of the opposite sex, willfully lived together as a married couple;
2) The Defendant and _______________ lived together openly and notoriously; and
3) The Defendant and _______________ were not then married to each other; and
4) The Defendant falsely represented the couple's status as being married
to each other.
DEFINITIONS
"Openly" means undisguised and unconcealed as opposed to hidden and secret.
"Notoriously" means generally known, as a matter of common knowledge, in the community in which the individuals lived together.
[Insert other relevant definitions. NDCC 12.1-02-02.]
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NDCC 12.1-31-11
2008 NDJI-CRIMINAL K - 8.01
Aggravated Assault
(Willful Conduct)
A person who willfully causes serious bodily injury to another human being is guilty of Aggravated Assault.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [County] North Dakota, the Defendant, _______________, caused serious bodily injury to _______________, another human being, as follows: ; and
2) The Defendant willfully engaged in the conduct causing the injury.
[3) [The victim, _______________, is under the age of twelve years][The victim, ___________________, suffered permanent loss or impairment of the function of a bodily member or organ].]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
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NDCC 12.1-17-02
State v. Anderson, 480 N.W.2d 727 (ND 1992)
NOTE: If the evidence warrants an instruction on self-defense, the accused is entitled to an instruction to the Jury that the State must prove beyond a reasonable doubt that the accused did not act in self-defense as an additional element of the offense. State v. Olander, 1998 ND 50, 575 NW2d 658. See K - 3.01, Additional Element of Offense - Nonexistence of Defense.
2008 NDJI-CRIMINAL K - 8.02
Aggravated Assault
(Use of Dangerous Weapon)
A person who knowingly causes [substantial] bodily injury to another human being, by means of a dangerous weapon or other weapon, the possession of which under the circumstances indicates an intent or readiness to inflict serious bodily injury, is guilty of Aggravated Assault.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, knowingly caused [substantial] bodily injury to _______________, another human being, by means of a dangerous weapon or other weapon; and
2) The Defendant's possession of the weapon under the circumstances indicated an intent or readiness to inflict serious bodily injury.
[3) [The victim, _______________, is under the age of twelve years][The victim, ___________________, suffered permanent loss or impairment of the function of a bodily member or organ].]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-1-04, 12.1-02-02.]
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NDCC 12.1-17-02(2)
State v. Mathre, 1999 ND 224, 603 NW2d 173
NOTE: If the evidence warrants an instruction on self-defense, the accused is entitled to an instruction to the Jury that the State must prove beyond a reasonable doubt that the accused did not act in self-defense as an additional element of the offense. State v. Olander, 1998 ND 50, 575 NW2d 658. See K - 3.01, Additional Element of Offense - Nonexistence of Defense.
2008 NDJI-CRIMINAL K - 8.03
Aggravated Assault
(Bodily Injury While Attempting Serious Bodily Injury)
A person who causes [substantial] bodily injury to another human being while willfully attempting to inflict serious bodily injury on any human being is guilty of Aggravated Assault.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, caused [substantial] bodily injury to _______________, another human being; and
2) The [substantial] bodily injury was caused by the Defendant while willfully attempting to inflict serious bodily injury on any human being.
[3) [The victim, _______________, is under the age of twelve years][The victim, ___________________, suffered permanent loss or impairment of the function of a bodily member or organ].]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
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NDCC 12.1-17-02(3)
NOTE: If the evidence warrants an instruction on self-defense, the accused is entitled to an instruction to the Jury that the State must prove beyond a reasonable doubt that the accused did not act in self-defense as an additional element of the offense. State v. Olander, 1998 ND 50, 575 NW2d 658. See K - 3.01, Additional Element of Offense - Nonexistence of Defense.
2008 NDJI-CRIMINAL K - 8.04
Aggravated Assault
(Firearm or Destructive Device)
A person who willfully [fires a firearm] [hurls a destructive device] at another human being is guilty of Aggravated Assault.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [County], North Dakota;
2) The Defendant, _______________, willfully [fired a firearm] [hurled a destructive device] at _______________, another human being.
[3) [The victim, _______________, is under the age of twelve years][The victim, ___________________, suffered permanent loss or impairment of the function of a bodily member or organ].]
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
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NDCC 12.1-17-02
NOTE: If the evidence warrants an instruction on self-defense, the accused is entitled to an instruction to the Jury that the State must prove beyond a reasonable doubt that the accused did not act in self-defense as an additional element of the offense. State v. Olander, 1998 ND 50, 575 NW2d 658. See K-3.01, Additional Elements of Offense - Nonexistence of Defense.
2008 NDJI-CRIMINAL K - 8.32
Terrorizing
(Threatening to Commit a Crime of Violence)
A person who, with intent to place another in fear for personal safety or another person's safety; or to cause evacuation of a building, place of assembly, or facility of public transportation; or otherwise to cause serious disruption or public inconvenience; or in reckless disregard of the risk of causing such terror, disruption or inconvenience, threatens to commit any crime of violence or act dangerous to human life, is guilty of Terrorizing.
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, ;
2) [With intent to cause evacuation of a [building] [place of assembly] [facility of public transportation]] [to cause serious disruption or public inconvenience] [in reckless disregard of the risk of placing _______________ in fear for personal safety] [in reckless disregard of the risk of causing evacuation of _______________, a [building] [place of assembly] [facility of public transportation]] [in reckless disregard of the risk of causing serious disruption or public inconvenience];
3) [Threatened to commit a crime of violence or an act dangerous to human life] [Informed another person that a situation dangerous to human life or commission of a crime of violence was imminent knowing the information was false].
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02.]
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NDCC 12.1-17-04
2008 NDJI-CRIMINAL K - 9.22
Criminal Trespass
(Class A Misdemeanor)
A person is guilty of Criminal Trespass if, knowing the person is not licensed or privileged to do so, the person willfully enters or remains in or on [any building, occupied structure, or storage structure, or separately secured or occupied portion of a structure] [a place obviously enclosed to exclude intruders].
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, willfully [entered or remained in or on a certain building, occupied structure, or storage structure, or separately secured or occupied portion of a structure] [entered or remained in a place obviously enclosed to exclude intruders], namely, _______________; and
2) The Defendant did so knowing that the Defendant was not licensed or privileged to do so.
DEFINITIONS
[Insert relevant definitions. NDCC 12.1-02-02, 12.1-22-06]
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NDCC 12.1-22-03(2)(a) (class A misdemeanor)
2008 NDJI-CRIMINAL K - 13.10
Preventing Arrest or Discharge of Other Duties
(Defense)
It is a defense to a prosecution for Preventing Arrest or Discharge of Other Duties that the public servant was not acting lawfully. However, it is no defense that the Defendant mistakenly believed that the public servant was not acting lawfully.
A public servant executing a warrant or other process in good faith and under color of law is deemed to be acting lawfully.
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NDCC 12.1-08-02(2)
State v. Barth, 2005 ND 134, 702 NW2d 1
State v. Barth, 2001 ND 201, 637 NW2d 369
2008 NDJI-CRIMINAL K - 15.21
False Information to a Law Enforcement Officer
A person who willfully gives false information or a false report to a law enforcement officer which that person knows to be false, and the information or report may interfere with an investigation or may materially mislead a law enforcement officer is guilty of False Information to a Law Enforcement Officer.
ESSENTIAL ELEMENTS OF OFFENSE
The burden of proof resting upon the state is satisfied only if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) That on or about [month] [day], [year], in [County], North Dakota;
2) The Defendant, , willfully gave [false information] [false report] to a law enforcement officer;
3) The Defendant, , knew the [information] [report] to be false; and
4) The [information] [report] may have interfered with an investigation; or may have materially misled a law enforcement officer.
NDCC 12.1-11-03(1)
2008 NDJI-CRIMINAL K - 15.22
False Report to Law Enforcement Officer or Security Official
A person who [willfully gives false information or a false report to a law enforcement officer which that person knows to be false, and the information or report may interfere with an investigation or may materially mislead a law enforcement officer] [willfully reports falsely to a law enforcement officer or other security official the occurrence of a crime of violence or other incident calling for an emergency response while knowing the incident did not occur] is guilty of False Report to [Law Enforcement Officer] [or] [Security Official].
ESSENTIAL ELEMENTS OF OFFENSE
The State's burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:
1) On or about [month] [day] [year], in [County], North Dakota;
2) The Defendant, _______________, [willfully gave false information or a false report to a law enforcement officer which that person knows to be false, and the information or report may interfere with an investigation or may materially mislead a law enforcement officer] [willfully reported falsely to a law enforcement officer or other security official the occurrence of a crime of violence or other incident calling for an emergency response, while knowing that the incident did not occur].
DEFINITIONS
"Security Official" means a public servant responsible for averting or dealing with emergencies involving public safety.
[Insert relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]
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NDCC 12.1-11-03
See also NDCC 12.1-11-04, General Provisions (falsification and defenses)