Product Description

Recent updates:

• Update: February 2022

  Dear Subscriber:

  Thank you for keeping your copy of Criminal Model Jury Instructions for Use in the District Court current with this 2022 supplement. The District Court Committee on Criminal Proceedings has prepared a number of new and revised criminal model jury instructions. Among these are new instructions for drug offenses which carve out marijuana from the other controlled substances. This allowed the committee to address the exemptions that apply to marijuana without interfering with the instructions needed for cases involving controlled substances other than marijuana.

  Included in this 2022 supplement are fourteen new and eight revised instructions included in Transmittal No. 1341, dated November 22, 2021. These include:

  • a new COVID-19 Supplemental Impanelment Instruction (1.105);

  • new and revised instructions on Evaluation of Evidence ;

  • new instructions on Offenses Against the Person ;

  • new and revised instructions on Public Order Offenses ;

  • new and revised instructions on Firearms and Weapons Offenses ;

  • new and revised instructions on Drug Offenses ; and

  • a revised instruction on Larceny Offenses .

  Also included in this supplement are three new and five revised instructions issued prior to Transmittal No. 1341 and subsequent to the last printed supplement in June 2019. These include:

  • new and revised instructions on Offenses Against the Person ;

  • revised instructions on Abuse-Related Offenses ; and

  • a new instruction on Drug Offenses .

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2022 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2019

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 6.280 ("Assault and Battery on an Elder or Disabled Person").

  • 6.281 ("Assault and Battery on an Elder or Disabled Person Causing Bodily Injury").

  • 6.282 ("Assault and Battery on an Elder or Disabled Person Causing Serious Bodily Injury").

  The Committee has also revised the following instructions:

  • 5.310 ("Operating Under the Influence of Intoxicating Liquor").

  • 5.400 ("Operating Under the Influence of Drugs").

  • 6.140 ("Assault and Battery")

  • 6.160 ("Assault and Battery Causing Serious Bodily Injury").

  • 6.180 ("Assault and Battery on a Person Protected by an Abuse Prevention Order").

  • 6.200 ("Assault and Battery on a Pregnant Woman").

  • 6.210 ("Assault and Battery on a Police Officer or Public Employee").

  • 6.220 ("Assault and Battery on Child Under 14 Causing Bodily Injury").

  • 6.275 ("Assault and Battery on a Family or Household Member").

  • 7.140 ("Deriving Support from Earnings of a Prostitute").

  Also included are new and revised instructions that were promulgated and distributed pursuant to Administrative Office of the District Court Transmittals Nos. 1212, 1256, and 1260:

  • 1.100 ("Impaneling the Jury").

  • 1.120 ("Preliminary Instruction to Jury Before Trial").

  • 1.270 ("Use of an Interpreter")

  • 1.275 ("Interpreter Assistance to Deaf Juror")

  • 2.120 ("Function of the Jury, What is Evidence, Credibility of Witnesses").

  • 5.305 ("Endangering a Child While Operating with a Blood Alcohol Level of .08 percent or Greater")

  • 5.315 ("Endangering a Child While Under the Influence of Intoxicating Liquors")

  • 7.300 ("Giving False Information After Arrest")

  • 7.360 ("Intimidating a Witness, Etc.")

  • 8.260 ("Wanton Destruction of Property")

  • 8.280 ("Willful and Malicious Destruction of Property")

  • 8.460 ("Larceny by Check").

  • 8.500 ("Larceny by False Pretenses")

  • 8.520 ("Larceny by Stealing")

  • 8.521 ("Larceny by Stealing Verdict Slip")

  • 8.600 ("Receiving Stolen Property")

  • 8.620 ("Shoplifting")

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2019 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2018

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 3.230 ("Transferred Intent").

  • 3.570 ("Redactions").

  • 7.365 ("Intentionally misleading an investigator in a criminal investigation"). This instruction is tailored to this specific provision of G.L. c. 268, § 13B, which is commonly encountered in the District Court. The full instruction for intimating a witness, juror, court official or law enforcement officer in violation of G.L. c. 268, § 13B, remains at Instruction 7.360.

  The Committee has also revised the following instructions:

  • 3.560 ("Confessions and admissions (Humane Practice)"). This instruction was revised to include factors for the jury's consideration regarding the voluntariness of a defendant's statement in the body of the instruction. It also now includes reference to the absence of a complete recording of the defendant's statement as a factor for the jury to consider.

  • 5.310 ("Operating under the influence of intoxicating liquor"). A supplemental "Downs" instruction has been inserted and notes, consistent with, Commonwealth v. Wolfe, 478 Mass. 142 (2017), that such an instruction may only be given if the defendant requests it.

  • 6.500 ("Indecent assault and battery"). Supplemental instructions were added for cases in which the defendant directs the victim to touch the defendant or when the defendant touches the victim with his or her own private part. The instruction also eliminated the requirement that the Commonwealth prove that the victim was over the age of fourteen in addition to proving lack of consent.

  • 6.520 ("Indecent assault and battery on a child under the age of 14"). Supplemental instructions were added for cases in which the defendant directs the victim to touch the defendant or when the defendant touches the victim with his or her own private part.

  • 7.360 ("Intimidating a witness, juror, court official or law enforcement officer"). This instruction was revised to reflect the changes to the statute made by the Criminal Justice Reform Act, St. 2018, c. 69, namely, that an act committed in retaliation for past participation in a criminal investigation or court proceeding can now be charged as a crime under § 13B; the elimination of the category of persons protected by the statute who "further[ed] a civil or criminal proceeding … of any type"; and the addition of the following categories of persons protected by the statute: a person who is or was aware of information, records, documents, or objects that relate to a violation of a court order; victim witness advocate; correction officer; court reporter; court interpreter; and family member of a person described in the section.

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2018 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2017

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 3.210 ("Motor Vehicle")

  • 5.700 ("Operating a Boat with a Blood Alcohol Level of .08% or Greater")

  • 5.710 ("Operating a Boat Under the Influence of Intoxicating Liquor")

  • 7.625 ("Possession of Ammunition")

  • 9.230 ("Duress"), separated from Necessity (9.240)

  The Committee has also revised the following instructions:

  • 3.660 ("First Complaint"), making non-substantive corrections to the language of the instruction, and updating notes.

  • 5.180 ("Leaving the Scene of an Accident Involving Property Damage"), removing public way as an element. See Commonwealth v. Leblanc, 475 Mass. 820, 822 (2016).

  • 6.180 ("Assault and Battery on a Person Protected by an Abuse Prevention Order"), to explain to the jury the concept of an offensive touching.

  • 6.200 ("Assault and Battery on a Pregnant Woman"), to explain to the jury the concept of an offensive touching.

  • 6.300 ("Assault and Battery by Means of a Dangerous Weapon"), removing references to requirement that the defendant "intentionally" used the item as a dangerous weapon.

  • 7.270 "Cruelty to Animals"), adding "cruelly" to modify "mutilated" and "killed," and provided definition of "cruelty." See Commonwealth v. Daly, 90 Mass. App. Ct. 48, 51 (2016).

  • 7.400 ("Open and Gross Lewdness and Lascivious Behavior"), to explain to the jury the objective element of the offense, see Commonwealth v. Maguire, 476 Mass. 156, 161 (2016), and deleting supplemental instruction regarding child of tender years, see Commonwealth v. Kessler, 442 Mass. 770, 777 (2004).

  • 8.220 ("Trespass"), updated notes to reflect potential necessity defense. See Commonwealth v. Magadini, 474 Mass. 593, 597-602 (2016).

  • 8.250 ("Vandalism"), replacing "owner of the property" to "another." See Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016).

  • 8.200 ("Theft, Purchase, Receipt, Possession or Concealment of Stolen Motor Vehicle; Malicious Damage to Motor Vehicle; Stealing Parts from Motor Vehicle Taken Without Authority; Concealing Motor Vehicle Thief"), replacing "owner of the property" to "another," see Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016), and deleting reference to belief being "reasonable," see Commonwealth v. Liebenow, 470 Mass. 151, 157 (2014).

  • 8.260 ("Wanton Destruction of Property"), deleting reference to "immediate" in explanation of wanton conduct, as well as non-substantive corrections to the language.

  • 8.280 ("Wilful and Malicious Destruction of Property"), replacing "owner of the property" to "another." See Commonwealth v. Chambers, 90 Mass. App. Ct. 137, 144-45 (2016).

  • 9.240 ("Necessity"), reformatting to frame in terms of Commonwealth's burden with no substantive changes, and updated notes to reflect Commonwealth v. Magadini, 474 Mass. 593, 597-602 (2016)

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2017 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: July 2016

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The District Court Committee on Criminal Proceedings has created the following new instructions:

  • 1.270 ("Use of an Interpreter")

  • 8.250 ("Vandalism")

  • 9.250 ("Parental Discipline")

  The Committee has also revised the following instructions:

  • 5.180 ("Leaving the Scene of an Accident Involving Property Damage"), making minor changes to the language to accord with Instruction 5.190.

  • 5.190 ("Leaving the Scene of an Accident Involving Personal Injury"), making non-substantive corrections to the language of the instruction.

  • 6.140 ("Assault and Battery"), to explain to the jury the concept of an offensive touching.

  • 6.275 ("Assault and Battery on Family or Household Member"), to explain to the jury the concept of an offensive touching.

  • 6.600 ("Annoying and Accosting Persons"), to reflect the deletion of the requirement that the victim be of the opposite sex of the defendant, St. 2014, c. 417.

  • 7.220 ("Escape"), adding language regarding failing to return from temporary release. See Commonwealth v. Porter , 87 Mass. App. Ct. 676, 678-82, rev. denied , 473 Mass. 1103 (2015).

  • 7.620 ("Possession of a Firearm"), adding a supplemental instruction regarding the defense of an expired license. See Commonwealth v. Indrisano , 87 Mass. App. Ct. 709, 716-17 (2015).

  Also included are two new instructions created by the Supreme Judicial Court's Standing Committee on Eyewitness Identification:

  • 1.340 ("Preliminary Identification Instruction")

  • 9.160 ("Identification")

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2016 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2014

  Dear Subscriber:

  Enclosed are new and updated model jury instructions for use in criminal cases in Massachusetts District Court.

  The Committee has created the following new instructions:

  • 5.520 ("Failure to Have Ignition Interlock Device")

  • 5.530 ("Disabling an Ignition Interlock Device")

  • 7.210 ("Wilful Interference with a Fire Fighting Operation")

  • 7.270 ("Cruelty to Animals")

  • 7.410 ("Furnishing Alcohol to a Minor")

  • 7.630 ("Improper Storage of a Firearm")

  The Committee has also revised the following instructions:

  • 3.820 ("Unrecord Custodial Interrogation"), adding language approved in Commonwealth v. Rousseau , 465 Mass. 372, 392–393 (2013), regarding evaluating the lack of a recording in light of any opportunity to record the interrogation that the defendant declined.

  • 4.120 ("Attempt"), deleting the third element (failure to complete the crime) in light of recent cases omitting this as a required element. See Commonwealth v. Rivera , 460 Mass. 139, 142 (2011); Commonwealth v. Sullivan , 84 Mass. App. Ct. 26, 27, rev. granted limited to other issues , 466 Mass. 1109 (2013).

  • 5.190 ("Leaving the Scene of an Accident Involving Personal Injury not Resulting in Death"), collapsing the old third and fourth elements (causing injury and knowing the defendant caused injury) into one element ("knowingly collided with or otherwise injured another person"), and adding a note explaining that the absence of death is not an element, both in accordance with Commonwealth v. Muir , 84 Mass. App. Ct. 635, 637–639 (2013).

  • 6.100 ("Affray"), adding language clarifying the meaning of fighting and conforming the third element to Commonwealth v. Nee , 83 Mass. App. Ct. 441, 447–448, rev. denied , 465 Mass. 1106 (2013), as well as adding notes regarding self-defense and sentencing.

  • 6.520 ("Indecent Assault and Battery on a Child Under Fourteen"), revising language regarding inability to consent to clarify that it remains the jury's role to determine whether the victim was under fourteen years of age at the time of the crime, as required by Commonwealth v. Dunton , No. 2012-P-1577, 2014 Mass. App. Unpub. LEXIS 20, 84 Mass. App. Ct. 1128 (Jan. 13, 2014) (unpublished), rev. denied , 467 Mass. 1106 (2014).

  • 6.600 ("Annoying and Accosting Persons of the Opposite Sex"), adding the requirement that the disorderly acts or language be sexual in nature, as required by Commonwealth v. Sullivan , 84 Mass. App. Ct. 26, 30, rev. granted , 466 Mass. 1109 (2013).

  • 6.740 ("Violation of a Harassment Prevention Order"), amending the supplemental instruction on the meaning of "harass" to reflect St. 2010, c. 239, §§ 71–72, which changed statutory language regarding a "mentally retarded person" to a "person with an intellectual disability."

  • 7.260 ("False Report of a Crime"), omitting needless language and adding a citation to Commonwealth v. Saylor , 84 Mass. App. Ct. 346, 351–352 (2013).

  • 7.360 ("Intimidating a Witness, Juror, Court Official or Law Enforcement Office"), adding the theory of reckless interference with a court proceeding and reflecting the expansion of the crime to endeavors to interfere with certain civil proceedings enacted by the Legislature in St. 2010, c. 256, § 120. The instruction is also amended to reflect new statutory language specifically including certain specified electronic communications in the definition of "harass." St. 2010, c. 92, § 11. Finally, the instruction is amended to delete the theories of "harming" or "punishing" a criminal proceeding, in light of Commonwealth v. Hamilton , 459 Mass. 422, 436–437 (2011).

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2014 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: February 2013

  Dear Subscriber:

  Enclosed are new model jury instructions for use in criminal cases in Massachusetts District Court.

  Compiled through the efforts of the District Court Committee on Criminal Proceedings, this new material reflects the latest developments in the law. It contains revisions to Instructions 1.120, 2.320, 3.200, 3.600, 3.700, 5.180, 5.200, 5.400, 6.600, 6.640, 6.700, 6.740, 7.600, and 7.860, along with new Instructions numbered 1.130, 3.840, 5.190, 7.540, and 7.870.

  In an effort to clarify and improve the model instruction for OUI cases, the Committee has divided former Instruction 5.300 ("Operating under the Influence of Liquor or with .08% Blood Alcohol") into two separate and revised instructions: 5.300 ("Operating with a Blood Alcohol Level of .08% or Greater") and 5.310 ("Operating under the Influence of Intoxicating Liquor").

  The Committee has also created new verdict slips 5.301 and 5.311 for the revised OUI instructions, and revised verdict slips 5.501, 6.121, 6.141, 6.301, and 8.521.

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2013 supplementary material for Criminal Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: June 2011

  Dear Subscriber:

  Enclosed are new model jury instructions for use in criminal cases in Massachusetts District Court.

  Compiled through the efforts of the District Court Committee on Criminal Proceedings, this new material reflects the latest developments in the law. It contains revisions to Instructions 1.120, 2.540, 4.200, 5.180, 5.300, 6.121, 6.640, and 6.720, along with new Instructions numbered 3.760, 6.120, 6.140, 7.380 and 7.400. The Committee has added notes to Instructions 3.760, 6.120, and 7.380.

  It is Massachusetts Continuing Legal Education's privilege to publish this material in collaboration with the District Court Committee on Criminal Proceedings. We trust that you will find this 2011 supplementary material for Model Jury Instructions for Use in the District Court to be instructive in your courtroom practice and useful in your library research.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

• Update: February 2009

  Dear Subscriber:

  Enclosed is the 2009 edition of the model criminal jury instructions that have been issued by the Administrative Office of the District Court, Commonwealth of Massachusetts and are the same instructions as those referred to by judges of the District, Municipal and Juvenile Courts.

  This 2009 edition, which features an Introduction by Chief Justice Lynda M. Connolly, provides Massachusetts lawyers with the only official pattern jury instructions in Massachusetts. Inside you will find

  • "Plain English" instructions, along with supplemental instructions and notes to aid you in your drafting.

  • Three new model instructions, covering Subsequent Offense, Failing to Register as a Sex Offender, and Giving a False Name upon Arrest.

  • Thirty-six revised model instructions.

  • Updated notes that reflect recent legal developments.

  • A checklist of instructions either required or affirmatively recommended by appellate courts.

  • A useful chart offering suggested dialogues for sentencing.

  • An alphabetical index and conversion chart to aid you in referring to renumbered instructions.

  We at MCLE trust that you will find this new 2009 edition to be indispensable in your criminal law practice and valuable in your law library.

  Cordially,

  Maryanne G. Jensen, Esq., Director of Publications

Table of Contents

Chapter 1 expand

General Instructions

Buy Chapter

Hon. Paul D. Wilson, Superior Court, Commonwealth of Massachusetts

Instruction 1.1

- Precharge Buy Form

Instruction 1.2

- Charge Buy Form

Chapter 2 expand

Personal Injury

Buy Chapter

Paul R. Sugarman, Esq.,
Hon. Valerie A. Yarashus, Superior Court, Commonwealth of Massachusetts

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

Paul R. Sugarman, Esq.,
Hon. Valerie A. Yarashus, Superior Court, Commonwealth of Massachusetts

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

Medical Malpractice

Buy Chapter

Elizabeth L. B. Greene, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

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

Employment Discrimination

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Jody L. Newman, Esq., Lovett O'Brien LLP
Victoria L. Steinberg, Esq., Cloherty & Steinberg LLP

Instruction 5.1

- Introduction Buy Form

Instruction 5.2

- Liability Buy Form

Instruction 5.3

- Damages Buy Form

Chapter 6 expand

Defamation

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Joseph D. Lipchitz, Esq., Saul Ewing LLP

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

Invasion of Privacy

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Joseph D. Lipchitz, Esq., Saul Ewing LLP

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

Emotional Distress

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Joseph D. Lipchitz, Esq., Saul Ewing LLP
Paul R. Sugarman, Esq.,
Hon. Valerie A. Yarashus, Superior Court, Commonwealth of Massachusetts

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

G.L. c. 21E Claims

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Stephen D. Anderson, Esq., Anderson Kreiger LLP
Mina Makarious, Esq., Anderson Kreiger LLP

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

Eminent Domain Cases

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William G. Cosmas, Jr., Esq., Laredo, Smith and Kane, LLP
Kurt S. Kusiak, Esq., Fitch Law Partners LLP

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

Product Liability

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Nelson G. Apjohn, Esq., Nutter McClennen & Fish LLP
Hon. Maynard M. Kirpalani,

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

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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

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Hon. Paul D. Wilson, Superior Court, Commonwealth of Massachusetts

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

Basic Contract Cases

Buy Chapter

Joseph D. Lipchitz, Esq., Saul Ewing LLP

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

Intellectual Property

Buy Chapter

Lee Carl Bromberg, Esq., McCarter & English LLP
Lori J. Shyavitz, Esq., McCarter & English LLP

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

Consumer Protection Act—Chapter 93A

Buy Chapter

Damon M. Seligson, Esq., DiNicola, Seligson & Upton LLP

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

Real Estate

Buy Chapter

Danielle Andrews Long, Esq., Robinson+ Cole LLP

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

Professional Malpractice

Buy Chapter

Allen N. David, Esq., Peabody & Arnold LLP
Hon. Maureen Mulligan,

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, Superior Court, Commonwealth of Massachusetts

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

Misrepresentation

Buy Chapter

Joseph D. Lipchitz, Esq., Saul Ewing LLP

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

Abuse of Process

Buy Chapter

Joseph D. Lipchitz, Esq., Saul Ewing LLP

Instruction 21.1

- Abuse of Process Buy Form

Instruction 21.2

- “Process” Buy Form

Instruction 21.3

- Damages Buy Form

Chapter 22 expand

Malicious Prosecution

Buy Chapter

Joseph D. Lipchitz, Esq., Saul Ewing LLP

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

Joseph D. Lipchitz, Esq., Saul Ewing LLP

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

Miscellaneous Torts

Buy Chapter

Joseph D. Lipchitz, Esq., Saul Ewing LLP

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, Superior Court, Commonwealth of Massachusetts

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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Author(s)