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Massachusetts Superior Court Civil Practice Jury Instructions

Precise language - powerful authority

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  • Product Number: 2192905WFM
  • Publication Date: 12/31/2018
  • Edition: 3rd Edition 2014, with 2016 & 2018 Supplements
  • Copyright: © 2018 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Product Description

    Product Description

    Authored and edited by distinguished judges and litigators, this definitive manual provides pattern jury instructions and extensive supporting case and statutory authority on a wide range of civil litigation matters, including employment, torts, business, intellectual property, real estate, environmental, and insurance.

    Recent updates:

    • Update: December 2018

      Dear Subscriber:

      Thank you for choosing to keep your civil litigation collection current with the 2018 supplement to MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Paul D. Wilson of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Saul Ewing Arnstein & Lehr LLP, this supplement includes a wealth of important updates.

      You will find updated jury instruction language and new case notes throughout the book. The following are just a few of the updates in the supplement:

      • substantially revised precharge instructions, see Chapter 1—General Instructions;
      • an updated definition of negligence, see Chapter 2—Personal Injury;
      • new instructions on innovator liability and food product liability, see Chapter 11—Product Liability;
      • new in pari delicto instructions for accounting malpractice cases, see Chapter 18—Professional Malpractice; and
      • edits to instructions throughout the book reflecting an effort to employ clear, plain English language.

      We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.

      Cordially,

      Alexis J. LeBlanc, Esq., MCLE Publications Attorney

    • Update: December 2016

      Dear Subscriber:

      Thank you for choosing to keep your civil litigation collection current with the 2016 supplement to MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Paul D. Wilson of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, this supplement includes a wealth of important updates.

      You will find updated jury instruction language, new case notes, and new practice tips throughout the book. Just a few of the supplement's highlights include new instructions on the following.

      • Violation of safety standards and compliance with safety standards in Chapter 11—Product Liability.
      • The implied warranty of habitability as it relates to condominiums in Chapter 17—Real Estate.
      • Burden of proof in a legal malpractice case in Chapter 18—Professional Malpractice.
      • Procuring false imprisonment through third parties in Chapter 23—False Imprisonment and False Arrest.
      • Interviewing jurors in Chapter 25—Submitting the Case to the Jury.

      We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.

      Cordially,

      Alexis J. LeBlanc, Esq., MCLE Publications Attorney

    • Update: January 2015

      Dear Subscriber:

      Thank you for choosing to keep your civil litigation collection current with the 2014 revised edition of MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Patrick F. Brady of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, this edition includes a wealth of important updates.

      Highlights include new or revised instructions on the following topics:

      • jurors' use of social media (see Chapter 1—General Instructions),
      • negligent infliction of emotional distress, both first-party claims and claims by persons who witness injury to or death of a family member (see Chapter 8—Emotional Distress),
      • implicit bias (see Chapter 13—Special Issues),
      • breach of fiduciary duty and sources of fiduciary duty, including attorney-client, partnerships, joint ventures, and officer and director (see Chapter 12—Business Litigation), and
      • supervisor liability in federal civil rights actions (see Chapter 19—Civil Rights Actions).

      We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.

      Cordially,

      Alexis J. LeBlanc, Esq., MCLE Publications Attorney

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    General Instructions

    Buy Chapter
    Hon. Paul D. Wilson, Middlesex Superior Court, Commonwealth of Massachusetts (Ret.)

    Instruction 1.1

    - Precharge Buy Form

    Instruction 1.2

    - Charge Buy Form
    Chapter 2 expand

    Personal Injury

    Buy Chapter

    Exhibit 2A

    - Sample Comparative Negligence Verdict Form Buy Form

    Instruction 2.1

    - Negligence Buy Form

    Instruction 2.2

    - Motor Vehicle Jury Instructions Buy Form

    Instruction 2.3

    - Liability of a Land Owner or Occupier Buy Form

    Instruction 2.4

    - Liquor Liability Buy Form
    Chapter 3 expand

    Wrongful Death

    Buy Chapter

    Exhibit 3A

    - Sample Special Verdict Form—Wrongful Death Buy Form

    Instruction 3.1

    - Preliminary Instruction—Wrongful Death Statute Buy Form

    Instruction 3.10

    - Medical Expenses Buy Form

    Instruction 3.11

    - Lost Earning Capacity Prior to Death Buy Form

    Instruction 3.12

    - Conscious Pain and Suffering Buy Form

    Instruction 3.13

    - Allocation of Damages Buy Form

    Instruction 3.14

    - Comparative Negligence Buy Form

    Instruction 3.15

    - Malicious, Willful, Wanton, and Reckless Conduct—Punitive Damages Buy Form

    Instruction 3.16

    - Gross Negligence—Punitive Damages Buy Form

    Instruction 3.2

    - Standard of Proof Buy Form

    Instruction 3.3

    - Negligence Buy Form

    Instruction 3.4

    - Causation Buy Form

    Instruction 3.5

    - Compensatory Damages—Death Buy Form

    Instruction 3.6

    - Fair Monetary Value of the Decedent to the Beneficiaries Buy Form

    Instruction 3.7

    - Net Income Buy Form

    Instruction 3.8

    - Loss of Services Buy Form

    Instruction 3.9

    - Burial and Funeral Expenses Buy Form
    Chapter 4 expand

    Exhibit 4A

    - Special Jury Verdict Form Buy Form

    Instruction 4.1

    - Definition of Medical Malpractice Buy Form

    Instruction 4.10

    - Expert Testimony Buy Form

    Instruction 4.11

    - Res Ipsa Loquitur Buy Form

    Instruction 4.12

    - Medical Publications Buy Form

    Instruction 4.13

    - Informed Consent Buy Form

    Instruction 4.14

    - Public Employee Immunity Pursuant to the Massachusetts Tort Claims Act, G.L. c. 258 Buy Form

    Instruction 4.15

    - Vicarious Liability Buy Form

    Instruction 4.16

    - Statutory Liability Exemptions Buy Form

    Instruction 4.2

    - Doctor-Patient Relationship Buy Form

    Instruction 4.3

    - Elements of Malpractice Buy Form

    Instruction 4.4

    - Mitigation of Damages Buy Form

    Instruction 4.5

    - How to Itemize an Award of Damages Buy Form

    Instruction 4.6

    - Special Jury Verdict Instruction (Alternate Instruction) Buy Form

    Instruction 4.7

    - Specific Elements of Damages Buy Form

    Instruction 4.8

    - Wrongful Birth—Damages Buy Form

    Instruction 4.9

    - Wrongful Conception or Wrongful Pregnancy—Damages Buy Form
    Chapter 5 expand

    Instruction 5.1

    - Introduction Buy Form

    Instruction 5.2

    - Liability Buy Form

    Instruction 5.3

    - Damages Buy Form
    Chapter 6 expand

    Instruction 6.1

    - In General Buy Form

    Instruction 6.2

    - Elements—Defamation of a Private Person Buy Form

    Instruction 6.3

    - Elements—Defamation of a Public Figure/Official Buy Form

    Instruction 6.4

    - Damages Buy Form

    Instruction 6.5

    - Affirmative Defenses Buy Form
    Chapter 7 expand

    Instruction 7.1

    - Introduction Buy Form

    Instruction 7.2

    - Elements—Notion of Privacy in General Buy Form

    Instruction 7.3

    - Right to Privacy Not Absolute Buy Form

    Instruction 7.4

    - Balancing Competing Interests Buy Form

    Instruction 7.5

    - Elements for Publication of Private Facts Buy Form

    Instruction 7.6

    - Elements for Misappropriation of One’s Name or Likeness Buy Form

    Instruction 7.7

    - Damages Buy Form
    Chapter 8 expand

    Instruction 8.1

    - Intentional Infliction of Emotional Distress Buy Form

    Instruction 8.2

    - Intentional Infliction of Emotional Distress—Conduct Directed at Third Parties Buy Form

    Instruction 8.3

    - Damages Buy Form

    Instruction 8.4

    - Negligent Infliction of Emotional Distress: First Party Claims Buy Form

    Instruction 8.5

    - Negligent Infliction of Emotional Distress: Witnessing Injury to or Death of a Family Member Buy Form
    Chapter 9 expand

    Exhibit 9A

    - Special Verdict Questions, G.L. c. 21E, § 4 Buy Form

    Exhibit 9B

    - Special Verdict Questions, G.L. c. 21E, § 5(a) Buy Form

    Instruction 9.1

    - Introductory Note Buy Form

    Instruction 9.10

    - Response Costs in Two-Site Cases Buy Form

    Instruction 9.11

    - Equitable Share Among Liable Parties Buy Form

    Instruction 9.12

    - Consistency with the Massachusetts Contingency Plan (MCP) Buy Form

    Instruction 9.13

    - Damages—G.L. c. 21E, § 5(a)(5)(iii) Buy Form

    Instruction 9.14

    - Section 5(b) Defense to Property Damage Claim—Divisibility of Harm Buy Form

    Instruction 9.15

    - Third-Party Defense Buy Form

    Instruction 9.16

    - Third-Party Defense—Current Owner Buy Form

    Instruction 9.17

    - Key Definitions Buy Form

    Instruction 9.18

    - Special Defenses Buy Form

    Instruction 9.19

    - Statute of Limitations Accrual—Individual Recovery Buy Form

    Instruction 9.2

    - Persons Liable—G.L. c. 21E, § 5(a) Buy Form

    Instruction 9.3

    - Present Owners or Operators—Oil or Hazardous Material—G.L. c. 21E, § 5(a)(1) Buy Form

    Instruction 9.4

    - Past Owners or Operators Buy Form

    Instruction 9.5

    - Actual Control Buy Form

    Instruction 9.6

    - Arrangers for Transport—Hazardous Material—G.L. c. 21E, § 5(a)(3) Buy Form

    Instruction 9.7

    - Transporters—Hazardous Material—G.L. c. 21E, § 5(a)(4) Buy Form

    Instruction 9.8

    - Persons Who Caused or Are Legally Responsible for Release or Threat of Release—Oil or Hazardous Material—G.L. c. 21E, § 5(a)(5) Buy Form

    Instruction 9.9

    - Damages and Response Costs—G.L. c. 21E, § 4 Buy Form
    Chapter 10 expand

    Instruction 10.1

    - General Instructions Buy Form

    Instruction 10.2

    - Taking of the Entire Property: Measure of Damages Buy Form

    Instruction 10.3

    - Partial Takings—Measure of Damages Buy Form

    Instruction 10.4

    - Appraisal Methods Buy Form
    Chapter 11 expand

    Exhibit 11A

    - Special Jury Verdict—Design Cases Buy Form

    Instruction 11.1

    - Introduction Buy Form

    Instruction 11.2

    - Negligence Buy Form

    Instruction 11.3

    - Breach of Warranty Buy Form

    Instruction 11.4

    - Crashworthiness/Enhanced Injuries Buy Form

    Instruction 11.5

    - Innovator Liability Buy Form

    Instruction 11.6

    - Food Product Liability Buy Form

    Instruction 11.7

    - Special Evidentiary Issues Buy Form
    Chapter 12 expand

    Business Litigation

    Buy Chapter
    Michael Packard, Esq., Quinn Emanuel Urquhart & Sullivan LLP
    Harvey J. Wolkoff, Esq., Quinn Emanuel Urquhart & Sullivan LLP

    Instruction 12.1

    - Breach of Postemployment Noncompetition Agreement Buy Form

    Instruction 12.10

    - Adverse Inference Regarding Attorney-Client Privilege Buy Form

    Instruction 12.2

    - Breach of Fiduciary Duty by Majority Shareholder in Close Corporation Buy Form

    Instruction 12.3

    - Alternate Sources of Fiduciary Duty Buy Form

    Instruction 12.4

    - Tortious Interference With Contractual Relationship Buy Form

    Instruction 12.5

    - Tortious Interference With Prospective Business Relationship Buy Form

    Instruction 12.6

    - Common Law Unfair Competition Buy Form

    Instruction 12.7

    - Trade Disparagement and Defamation Buy Form

    Instruction 12.8

    - Vicarious Liability Buy Form

    Instruction 12.9

    - Successor Liability Buy Form
    Chapter 13 expand

    Special Issues

    Buy Chapter
    Hon. Paul D. Wilson, Middlesex Superior Court, Commonwealth of Massachusetts (Ret.)

    Instruction 13.1

    - Absent Witnesses Buy Form

    Instruction 13.10

    - Facts Established in Prior Proceedings Buy Form

    Instruction 13.11

    - Pro Se Party Buy Form

    Instruction 13.12

    - Seating of Alternate Juror Buy Form

    Instruction 13.13

    - Statute of Limitations Accrual—Tort Case Buy Form

    Instruction 13.14

    - Standard of Proof—Clear and Convincing Buy Form

    Instruction 13.15

    - Spoliation Buy Form

    Instruction 13.16

    - Taking a View Buy Form

    Instruction 13.17

    - Violation of a Statute or Regulation Buy Form

    Instruction 13.18

    - When Jurors Cannot Agree Buy Form

    Instruction 13.2

    - Chalks Buy Form

    Instruction 13.3

    - Charts and Summaries Buy Form

    Instruction 13.4

    - Child Witness Buy Form

    Instruction 13.5

    - Computer Animations Buy Form

    Instruction 13.6

    - Diversity Buy Form

    Instruction 13.7

    - Expert Witness Buy Form

    Instruction 13.8

    - Extraneous Publicity Buy Form

    Instruction 13.9

    - Imaging Systems Buy Form
    Chapter 14 expand

    Instruction 14.1

    - Overview of Elements—Breach of Contract Buy Form

    Instruction 14.2

    - Contract Formation Buy Form

    Instruction 14.3

    - Terms of Contract Buy Form

    Instruction 14.4

    - Contractual Performance Buy Form

    Instruction 14.5

    - Contract Substitute: Quantum Meruit Buy Form

    Instruction 14.6

    - Third-Party Beneficiaries Buy Form

    Instruction 14.7

    - Defenses Buy Form

    Instruction 14.8

    - Remedies Buy Form

    Instruction 14.9

    - Damages Buy Form
    Chapter 15 expand

    Instruction 15.1

    - Introduction Buy Form

    Instruction 15.2

    - Trademarks—Overview Buy Form

    Instruction 15.3

    - Unfair Competition—Generally Buy Form

    Instruction 15.4

    - Trade Secrets—Generally Buy Form
    Chapter 16 expand

    Exhibit 16A

    - Special Jury Verdict Buy Form

    Instruction 16.1

    - Introduction Buy Form

    Instruction 16.2

    - Demand Letters—Section 9 Plaintiff Buy Form

    Instruction 16.3

    - Conduct in Trade or Commerce Buy Form

    Instruction 16.4

    - Unfair or Deceptive Acts Buy Form

    Instruction 16.5

    - Causation—General Charge Buy Form

    Instruction 16.6

    - Damages Buy Form

    Instruction 16.7

    - Supplemental Instructions Buy Form
    Chapter 17 expand

    Instruction 17.1

    - Introduction Buy Form

    Instruction 17.2

    - Disputes Involving Real Estate Brokers Buy Form

    Instruction 17.3

    - Enforceability of Preliminary Agreements Regarding the Purchase and Sale of Real Estate Buy Form

    Instruction 17.4

    - Title Insurance Buy Form

    Instruction 17.5

    - Adverse Possession Buy Form

    Instruction 17.6

    - Prescriptive Easements Buy Form

    Instruction 17.7

    - Survey and Boundary Disputes Buy Form

    Instruction 17.8

    - Condominium Disputes—Introduction Buy Form
    Chapter 18 expand

    Instruction 18.1

    - Introduction Buy Form

    Instruction 18.10

    - Statute of Limitations Buy Form

    Instruction 18.11

    - Ethics Violations Buy Form

    Instruction 18.12

    - Accounting Malpractice Buy Form

    Instruction 18.13

    - Architects and Engineers Buy Form

    Instruction 18.14

    - Statute of Limitations and Statute of Repose Buy Form

    Instruction 18.2

    - Elements of Claim—Overview Buy Form

    Instruction 18.3

    - Attorney-Client Relationship Buy Form

    Instruction 18.4

    - Vicarious Liability Buy Form

    Instruction 18.5

    - Burden of Proof Buy Form

    Instruction 18.6

    - Negligence Buy Form

    Instruction 18.7

    - Causation Buy Form

    Instruction 18.8

    - Damages Buy Form

    Instruction 18.9

    - Requirement of Expert Testimony Buy Form
    Chapter 19 expand

    Civil Rights Actions

    Buy Chapter
    Hon. Paul D. Wilson, Middlesex Superior Court, Commonwealth of Massachusetts (Ret.)

    Instruction 19.1

    - Introduction Buy Form

    Instruction 19.2

    - Federal Civil Rights Actions—42 U.S.C. § 1983 Buy Form

    Instruction 19.3

    - Massachusetts Civil Rights Actions—Introduction Buy Form

    Instruction 19.4

    - Statement of the Claim Buy Form

    Instruction 19.5

    - Protected Rights Buy Form

    Instruction 19.6

    - Damages Buy Form
    Chapter 20 expand

    Instruction 20.1

    - Intentional Misrepresentation (Fraud/Deceit)—Elements Buy Form

    Instruction 20.2

    - Negligent Misrepresentation—Elements Buy Form

    Instruction 20.3

    - Negligent Misrepresentation Committed in the Process of Supplying Information for the Guidance of Others [Plaintiff Not in Privity with Defendant] Buy Form
    Chapter 21 expand

    Instruction 21.1

    - Abuse of Process Buy Form

    Instruction 21.2

    - “Process” Buy Form

    Instruction 21.3

    - Damages Buy Form
    Chapter 22 expand

    Instruction 22.1

    - Malicious Prosecution—Elements Buy Form

    Instruction 22.2

    - Damages Buy Form

    Instruction 22.3

    - Defenses—Action on Advice of Third Parties Buy Form
    Chapter 23 expand

    False Imprisonment and False Arrest

    Buy Chapter

    Instruction 23.1

    - False Imprisonment in General Buy Form

    Instruction 23.2

    - False Imprisonment—Elements Buy Form

    Instruction 23.3

    - Defense—Justified Confinement Buy Form

    Instruction 23.4

    - Damages Buy Form

    Instruction 23.5

    - False Arrest—Elements Buy Form

    Instruction 23.6

    - Damages Buy Form
    Chapter 24 expand

    Instruction 24.1

    - Assault (Civil) Buy Form

    Instruction 24.2

    - Battery (Civil) Buy Form

    Instruction 24.3

    - Conversion Buy Form

    Instruction 24.4

    - Trespass Buy Form

    Instruction 24.5

    - Private Nuisance Buy Form

    Instruction 24.6

    - Civil Conspiracy Buy Form
    Chapter 25 expand

    Submitting the Case to the Jury

    Buy Chapter
    Hon. Paul D. Wilson, Middlesex Superior Court, Commonwealth of Massachusetts (Ret.)

    Instruction 25.1

    - Introduction Buy Form

    Instruction 25.2

    - When the Judge Will Instruct the Jury About the Law Buy Form

    Instruction 25.3

    - Proposed Instructions Buy Form

    Instruction 25.4

    - Special Verdict Forms Buy Form

    Instruction 25.5

    - Charge Conference Buy Form

    Instruction 25.6

    - Charging the Jury Buy Form

    Instruction 25.7

    - Deliberations and Verdict Buy Form
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