Model Utah Jury Instructions, Second Edition (MUJI 2d)

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CV0 Introductionary Instructions.

CV99: Introducing a self-represented litigant to the jury.

CV100 General Instructions

CV101: General admonitions.

CV101A: General admonitions. [self-represented litigant version]

CV101B: Further admonition about electronic devices.

CV102: Role of the judge, jury and lawyers.

CV102A: Role of the judge, jury, parties, lawyers. [self-represented litigant version]

CV103: Nature of the case.

CV104: Order of trial.

CV105: Sequence of instructions not significant.

CV106: Jurors must follow the instructions.

CV107: Jurors may not decide based on sympathy, passion, and prejudice.

CV107A: Avoiding Bias.

CV108: Note-taking.

CV109: Juror questions for witnesses. [Optional for judges who permit questions]

CV110: Rules applicable to recesses.

CV111A: Definition of "person."

CV111B: All persons equal before the law.

CV112: Multiple parties.

CV113: Multiple plaintiffs.

CV114: Multiple defendants.

CV115: Settling parties.

CV116: Discontinuance as to some defendants.

CV117: Preponderance of the evidence.

CV118: Clear and convincing evidence.

CV119: Evidence.

CV119A: Evidence. [self-represented litigant version]

CV120: Direct and circumstantial evidence.

CV121: Believability of witnesses.

CV122: Inconsistent statements.

CV123: Effect of willfully false testimony.

CV124: Stipulated facts.

CV125: Judicial notice.

CV126: Depositions.

CV127: Limited purpose evidence.

CV128: Objections and rulings on evidence and procedure.

CV128A: Objections and rulings on evidence and procedure. [Self-represented litigant version.]

CV129: Statement of opinion.

CV130A: Charts and summaries as evidence.

CV130B: Charts and summaries of evidence.

CV131: Spoliation.

CV132: Out-of-state or out-of-town experts.

CV132A: Remote Testimony.

CV133: Conflicting testimony of experts.

CV134: No record of testimony.

CV135: Time taken for case to arrive at trial.

CV151: Closing roadmap

CV152: Closing arguments

CV153: Legal rulings

CV154: Judicial neutrality

CV155: Foreperson selection and duties and jury deliberations

CV156: Do not resort to chance

CV157: Agreement on special verdict

CV158: Discussing the case after trial

CV200 Negligence

CV201: "Fault" defined.

CV202A: "Negligence" defined.

CV202B: "Gross negligence" defined.

CV203: "Negligence" defined. Person with disability.

CV204: Care required when children are present.

CV205: Care required by children.

CV206: Care required for a child participating in an adult activity.

CV207: Abnormally dangerous activity.

CV208: Care required in controlling electricity.

CV209: "Cause" defined.

CV210: Superseding cause.

CV211: Allocation of fault.

CV212: Violation of a safety law.

CV299: Verdict Forms

CV300 Professional Liability: Medical

CV301A: Medical Malpractice Instruction Notes

CV301B: Elements of a medical negligence claim.

CV301C: "Standard of care" defined.

CV302: "Standard of care" for nurses defined.

CV303: Care owed by nurse under varying circumstances.

CV304: Duty to disclose material medical information.

CV305: Duty to refer.

CV306: Duty to warn of how to avoid injury.

CV307: Duties of hospital to patients.

CV308: Physicians may assume compliance with orders.

CV309: "Cause" defined.

CV310: Duty to obtain informed consent. "Informed consent" defined.

CV311: Elements of an informed consent claim.

CV312: "Substantial and significant risk" defined.

CV313: Standard for judging patient's consent.

CV314: Consent to or refusal of treatment.

CV315: Consent is presumed.

CV316: Common knowledge defense.

CV317: Refusal of information defense.

CV318: Reasonable non-disclosure defense.

CV319: Written consent defense.

CV320: Patient's duty of care.

CV321: Patient's negligence in failing to follow instructions.

CV322: Patient's negligence in giving medical history.

CV323: Reserved.

CV324: Use of alternative treatment methods.

CV325: Timely filing claim. "Discovery of injury" defined.

CV326: Expert testimony required.

CV327: Inference of fault (res ipsa loquitur).

CV328: Common knowledge and need for expert testimony.

CV329: Patient may rely on advice.

CV330: No recovery for oral promises.

CV399: Verdict Forms

CV400 Professional Liability: Lawyers

CV401: Legal Malpractice Instruction Notes

CV402: Elements of claim for legal malpractice.

CV403: Elements of claim for breach of fiduciary duty.

CV404: Attorney-client relationship.

CV405: Duty of care.

CV406: Scope of representation.

CV407: "Cause" defined.

CV408: Plaintiff's fault.

CV409: Damages caused by a judicial mistake.

CV500 Professional Liability: Design Professionals

CV501: Standard of care for design professionals.

CV502: Standard of care of a specialist.

CV503: Evidence of standard of care where expert is required.

CV504: Measure of damages. Defective improvements.

CV505: Betterment or value added.

CV506: Creation of a warranty.

CV507: Breach of warranty essential elements.

CV508: Implied warranties. Accuracy and fitness for purpose.

CV600 Motor Vehicles

CV601A: Motor Vehicle Instruction Notes

CV601B: Introduction

CV602: Violation of statute, ordinance or safety law.

CV603: Reasonable care.

CV604: Control of vehicle.

CV605: Lookout.

CV606: Following at a safe distance.

CV607: Vehicle maintenance.

CV608: Speed.

CV609: Minimum speed.

CV610: Turning/lane change.

CV611: "Right-of-way" defined.

CV612: Right-of-way. Left turns.

CV613: Right-of-way. Unregulated intersection.

CV614: Right-of-way. Traffic signals.

CV615: Right-of-way. Flashing red light.

CV616: Right-of-way. Flashing yellow light.

CV617: Intoxicated driver.

CV618: Young drivers.

CV619: Drivers approached by emergency vehicle.

CV620: Emergency vehicle drivers.

CV621: Pedestrians.

CV622: Pedestrian crossing a roadway.

CV623: Right-of-way toward pedestrians.

CV624: Pedestrian signals.

CV625: Driving near children.

CV626: Bicyclist.

CV627: Bicycles. Three-foot rule.

CV628: Real property owner to remove obstruction impairing view.

CV629: Assuming obedience to law.

CV630: Owner who allows minor to drive.

CV631: Negligent entrustment.

CV632: Minimum Injury Requirements.

CV632A: "Permanent Disability" Defined.

CV632B: "Permanent Impairment" Defined.

CV632C: "Permanent Disfigurement" Defined.

CV632D: "Objective Findings" Defined.

CV633: Police officer testimony.

CV634: Insurance.

CV635: Seatbelt usage.

CV900 Easement and Boundary

CV901: Boundary by Acquiescence

CV902: Visible Line

CV903: Occupy Defined

CV904: Mutual Acquiescence

CV905: Exception to Silence Equaling Acquiescence

CV920: "Easement" Defined.

CV921: Prescriptive Easement. Introduction.

CV922: Prescriptive Easement. Elements of a claim.

CV923: Prescriptive Easement. "Continuous" Defined.

CV924: Prescriptive Easement. "Open and Notorious" Defined.

CV925: Prescriptive Easement. "Adverse" Defined.

CV926A: Adverse Presumption.

CV926B: Overcoming Adverse Presumption.

CV930: Easement by Necessity. Introduction.

CV931: Easement by Necessity. Elements of a claim for access to landlocked property.

CV940: Easement by Implication. Introduction.

CV941: Easement by Implication. Elements.

CV1000 Product Liability

CV1001: Strict liability. Introduction.

CV1002: Strict liability. Elements of claim for a [design] [manufacturing] defect.

CV1003: Strict liability. Definition of "design defect."

CV1004: Strict liability. Definition of "manufacturing defect."

CV1005: Industry standard.

CV1006: Strict liability. Definition of "unreasonably dangerous."

CV1007: Strict liability. Duty to warn.

CV1008: Strict liability. Elements of claim for failure to adequately warn.

CV1009: Strict liability. Definition of "adequate warning."

CV1010: Strict liability. Failure to warn. Presumption that a warning would have been read and followed.

CV1011: Strict liability. Failure to warn. Presumption that a warning will be read and followed.

CV1012: Strict liability. Component part manufacturer. Part defective only as incorporated into finished product.

CV1013: Strict liability. Component part manufacturer. Defective part incorporated into finished product.

CV1014: Strict liability. Defective condition of FDA approved drugs.

CV1015: Negligence. Definition of "Negligence."

CV1016: Negligence. Elements of claim for [design] [manufacturing] defect.

CV1017: Negligence. Duty to warn.

CV1018: Negligence. Elements of claim for failure to adequately warn.

CV1019: Negligence. Definition of "adequate warning."

CV1020: Negligence. Duty of designer/manufacturer.

CV1021: Negligence. Drug manufacturer's duty.

CV1022: Negligence. Retailer's duty.

CV1023: Breach of Warranty. Definition of "Warranty."

CV1024: Breach of Express Warranty. Creation of an express warranty.

CV1025: Breach of Express Warranty. Description of goods.

CV1026: Breach of Express Warranty. What is not required to create an express warranty.

CV1027: Breach of Express Warranty. Objective standard to create an express warranty.

CV1028: Breach of Express Warranty. Elements of claim. (Contract).

CV1029: Breach of Express Warranty. Elements of claim. (Tort)

CV1030: Breach of Implied Warranty. Elements of implied warranty of merchantability claim. (Contract).

CV1031: Breach of Implied Warranty. Elements of implied warranty of merchantability claim. (Tort).

CV1032: Breach of Implied Warranty. Creation of an implied warranty of fitness for a particular purpose.

CV1033: Breach of Implied Warranty. Elements of claim for breach of an implied warranty of fitness for a particular purpose. (Contract).

CV1034: Breach of Implied Warranty. Elements of claim for breach of an implied warranty of fitness for a particular purpose. (Tort).

CV1035: Breach of Implied Warranty. Warranty implied by course of dealing or usage of trade. (Contract).

CV1036: Breach of Warranty. Allergic reaction or hypersensitivity.

CV1037: Breach of Warranty. Improper use.

CV1038: Breach of Warranty. Effect of buyer's examination.

CV1039: Breach of Warranty. Exclusion or modification of express warranties by agreement.

CV1040: Breach of Warranty. Validity of disclaimer.

CV1041: Breach of Warranty. Notice of breach.

CV1042: Breach of Warranty. Definition of "goods."

CV1043: Breach of Warranty. Definition of "sale." (Contract)

CV1044: Breach of Warranty. Definition of "sample" or "model." (Contract)

CV1045: Sophisticated user.

CV1046: Conformity with government standard.

CV1047: Product misuse.

CV1048: Product alteration.

CV1049: Unreasonable use. (Assumption of a known risk.)

CV1050: Comparative fault.

CV1051: Product unavoidably unsafe.

CV1052: Learned intermediary.

CV1053: Definition of "state of the art."

CV1054: Later remedial measures.

CV1055: Safety risks.

CV1100 Premises Liability

CV1101: Premises Liability Committee Notes.

CV1102: Duty to invitee.

CV1103: Duty to licensee for an activity on the property.

CV1104: Duty to licensee for a condition on the property.

CV1105: General duty to a trespasser.

CV1105A: Duty to a trespasser for an activity on the property.

CV1105B: Duty to trespasser for an artificial condition on the property.

CV1105C: Duty to trespassing child for an attractive nuisance on the property.

CV1106: Duty to persons on a public way.

CV1107: Duty of landlord.

CV1108: Duty of property seller.

CV1109: Duty of recreational property owner.

CV1110: Recovery for injury to ski resort patrons.

CV1111: Inherent risks of skiing defined.

CV1112: Types of inherent risks of skiing.

CV1113A: Burden of proof.

CV1113B: Burden of proof.

CV1113C: Burden of proof.

CV1200 Trespass and Nuisance

CV1201: Trespass to real property

CV1202: Trespass to personal property

CV1203: Consent

CV1204: Implied consent - custom and usage

CV1205: Damages - nominal damages

CV1206: Nuisance - introductory instruction

CV1207: Nuisance per se

CV1208: Statutory nuisance claim

CV1209: Common law private nuisance claim

CV1210: Statutory public nuisance claim

CV1211: Damages for nuisance

CV1212: Non-economic damages for nuisance

CV1213: Reasonableness

CV1300 Civil Rights

CV1301: Section 1983 Claim--Elements.

CV1302: Section 1983 Claim--Deprivation of Rights.

CV1303: Warrantless Arrest.

CV1304: Probable Cause.

CV1304A: Offenses at Issue.

CV1305: Unlawful Arrest--Any Crime.

CV1306: Unlawful Arrest--Minor Crime.

CV1307: Reasonable Suspicion.

CV1307A: Investigative Stop.

CV1308: Unreasonable or Excessive Force--Introductory Instruction.

CV1309: Unreasonable or Excessive Force--Standard.

CV1310: Search of Property--Definition.

CV1311: Search of Property--Constitutional Right.

CV1312: Lawful Search of Real Property.

CV1313: Consent.

CV1314: Probable Cause--Search of Residence.

CV1315: Exigent Circumstances.

CV1316: Seizures of Property.

CV1317: Entry of Residence Pursuant to Arrest Warrant.

CV1318: Protective Security Sweep.

CV1319: Validity of Search Warrant Application.

CV1400 Economic Interference

CV1401: Elements of a Claim for Intentional Interference with Economic Relations.

CV1402: "Economic Relationship" Defined.

CV1403: "Intentionally Interfered" Defined.

CV1404: "Improper Means" Defined.

CV1405: Defenses: Privilege.

CV1406: Damages.

CV1407: Damages: Lost Profits.

CV1500 Emotional Distress

CV1501: Intentional infliction of emotional distress.

CV1502: Outrageous conduct.

CV1503: Severe or extreme emotional distress.

CV1504: Definition of intent and reckless disregard.

CV1505: Negligent infliction of emotional distress-Direct victim.

CV1506: Negligent infliction of emotional distress-Bystander

CV1507: Definition of "zone of danger."

CV1600 Defamation

CV1601: Introductory Notes to Practitioners (not to be read to the jury).

CV1602: Elements of a Defamation Claim.

CV1603: Definition: Publication.

CV1604A: Definition: About the Plaintiff - Public Figure or Public Official Plaintiff - Connection to Plaintiff is Reasonable.

CV1604B: Definition: About the Plaintiff - Private Plaintiff - Matter of Public Concern - Connection to Plaintiff is Reasonable.

CV1604C: Definition: About the Plaintiff - Private Plaintiff - No Matter of Public Concern - Connection to Plaintiff is Reasonable - Negligence.

CV1604D: Definition: About the Plaintiff - Private Plaintiff - No Matter of Public Concern - Connection to Plaintiff is Reasonable - Strict Liability.

CV1604E: Definition: About the Plaintiff - Connection to Plaintiff is Unreasonable.

CV1605: Definition: False Statement.

CV1606: Definition: Opinion.

CV1607: Definition: Defamatory.

CV1608: Conditional Privilege.

CV1609: Non-actionable Statements.

CV1610: Definition: Requisite Degree of Fault - Private Figure - Matter of Public Concern.

CV1611: Definition: Requisite Degree of Fault -Public Official or Public Figure.

CV1612: Group Defamation Rule.

CV1613: Causation.

CV1614: Presumed Damages.

CV1615: Damages - Economic Damages.

CV1616: Damages - Noneconomic Damages.

CV1617: Damages - Punitive Damages - Public Figure/Official and/or Issue of Public Concern.

CV1618: Damages - Effect of Retraction.

CV1619: Affirmative Defense - Consent.

CV1620: Affirmative Defense - Statute of Limitations.

CV1800 Fraud and Negligent Misrepresentation

CV1801: Elements of fraud.

CV1802: Elements of negligent misrepresentation.

CV1803: Reckless false statement.

CV1804: Recovery for misrepresentation of fact.

CV1805: Promises and statements of future performance.

CV1806: Important statement of fact.

CV1807: Duty to speak the whole truth.

CV1808: Intent to induce reliance.

CV1809: Intent.

CV1810: Reasonable reliance.

CV1811: Concealment or fraudulent non-disclosure.

CV1812: Compensatory damages.

CV1899: Special verdict form.

CV1900 Injurious Falsehood

CV1901: Injurious Falsehood-Introductory Notes to Practitioners (not to be read to the jury).

CV1902: Elements of an Injurious Falsehood Claim.

CV1903: Definition: Publication.

CV1904: Disparaging Statement.

CV1905: Definition: False Statement.

CV1906: Definition: Opinion.

CV1907: Definition: Malice.

CV1908: Economic Damages.

CV1909: Non-actionable Statements.

CV2000 Tort Damages

CV2001: Introduction to tort damages. Economic and noneconomic damages introduced.

CV2002: Proof of damages.

CV2003: Economic damages defined.

CV2004: Noneconomic damages defined.

CV2005: Economic damages. Medical care and related expenses.

CV2006: Economic damages. Lost earnings. [Lost earning capacity.]

CV2007: Economic damages. Loss of household services.

CV2008: Economic damages. Injury to personal property.

CV2009: Economic damages. Injury to real property.

CV2010: "Fair market value" defined.

CV2011: Economic damages. Loss of use of personal property.

CV2012: Noneconomic damages. Loss of consortium.

CV2013: Wrongful death claim. Adult. Factors for deciding damages.

CV2014: Wrongful death claim. Minor. Factors for deciding damages.

CV2015: Survival claim.

CV2016: Survival claim. Disputed cause of death.

CV2017: Susceptibility to injury.

CV2018: Pre-existing conditions.

CV2019: Aggravation of dormant pre-existing condition.

CV2020: Mitigation of damages.

CV2021: Present cash value.

CV2022: Life expectancy.

CV2023: Effect of settlement.

CV2024: Collateral source payments.

CV2025: Arguments of counsel not evidence of damages.

CV2026: Punitive damages. Introduction.

CV2027: Amount of punitive damages.

CV2028: Punitive damages and harm to other people.

CV2029: Factors to consider in determining the amount of damages.

CV2030: Reprehensibility.

CV2031: Reprehensibility. Similar Conduct Toward Other People.

CV2032: Reprehensibility. Conduct in other states.

CV2033: Driving under the influence.

CV2034: Providing controlled substance.

CV2100 Commercial Contracts

CV2101: Issues in a breach of contract case.

CV2102: Elements for breach of contract.

CV2103: Creation of a contract.

CV2104: Offer.

CV2105: Acceptance.

CV2106: Withdrawal of offer.

CV2107: Consideration.

CV2108: Simultaneous duty to perform.

CV2109: Unspecified time of performance.

CV2110: Substantial performance.

CV2111: Occurrence or failure of condition precedent.

CV2112: Disputed condition precedent.

CV2113: When performance is not excused by other party's non-performance.

CV2114: Promissory estoppel.

CV2115: Breach of the contract.

CV2116: Material breach.

CV2117: Partial breach.

CV2118: Anticipatory breach.

CV2119: Implied covenant of good faith and fair dealing.

CV2120: Accord and satisfaction.

CV2121: Novation.

CV2122: Duress.

CV2123: Improper threat.

CV2124: Fraudulent inducement.

CV2125: Impossibility/Impracticability.

CV2126: Frustration of purpose.

CV2127: Substantive unconscionability.

CV2128: Procedural unconscionability.

CV2129: Mutual mistake.

CV2130: Unilateral mistake.

CV2131: Third-party beneficiary.

CV2132: Assignment.

CV2133: Modification.

CV2134: Abandonment.

CV2135: Expectation damages - General.

CV2136: Consequential damages.

CV2137: Reliance damages.

CV2138: Damages for non-performance.

CV2139: Mitigation and avoidance.

CV2140: Damages. Reasonable certainty.

CV2141: Nominal damages.

CV2200 Construction Contracts

CV2201: Construction Contract Instruction Notes

CV2202: Compliance with public bidding instructions.

CV2203: "Responsive bid" defined.

CV2204: "Responsible bid" defined.

CV2205: Contractor's right to withdraw bid.

CV2206: Owner's duty to inform.

CV2207: Contractor's right to rely on owner-furnished information.

CV2208: Promissory estoppel.

CV2209: Defective plans and specifications.

CV2210: Contractor's duty to inquire about or investigate specific information provided by owner.

CV2211: Claim for damages due to interference.

CV2212: Claim for additional costs due to acceleration.

CV2213: Claim for additional costs/time due to denial of access to worksite.

CV2214: Claim for extra work.

CV2215: Additional time or compensation for extra work.

CV2216: Waiver of written change notice requirement.

CV2217: "Waiver" defined.

CV2218: Claim for extra work due to site conditions different from contract terms (Type 1 differing site condition).

CV2219: Claim for extra work due to unusual site conditions unknown to the parties. (Type 2 differing site condition).

CV2220: Cardinal changes.

CV2221: Implied contract or unjust enrichment.

CV2222: Contractor's claim for time. Delay not caused by the contractor.

CV2223: Contractor's claim for damages for delay caused by owner.

CV2224: Owner's claim for damages for delay caused by contractor.

CV2225: Concurrent delay.

CV2226: Damages for delay.

CV2227: Right to suspend work due to non-payment.

CV2228: Right to suspend work due to interference.

CV2229: Contractor's liability for breach of warranty of workmanship and habitability.

CV2230: Contractor's liability for defective work.

CV2231: Damages for contractor's defective work.

CV2233: Termination for cause.

CV2234: Termination for convenience.

CV2235: Damages for termination for convenience.

CV2236: Damages for owner's breach that prevents contractor's performance.

CV2237: Liquidated damages.

CV2238: Accord and satisfaction.

CV2239: Impossibility.

CV2240: Frustration of purpose.

CV2241: Mutual mistake.

CV2242: Unilateral mistake.

CV2243: Mitigation of damages.

CV2600 Eminent Domain and Condemnation

CV2601: Eminent Domain Committee Notes

CV2602: Condemnation proceedings.

CV2603: Definition of just compensation.

CV2604: Burden of proof.

CV2605: Fair market value.

CV2606: Fair market value of easement.

CV2607: Highest and best use.

CV2608: Reasonable probability of change in zoning or land use restriction.

CV2609: Verdict based on testimony of witnesses.

CV2610: Viewing of property.

CV2611: Project influence.

CV2612: Value of undeveloped land.

CV2613: Value of improved property.

CV2614: Business injury or loss of profits.

CV2615: Interest and moving expenses.

CV2616: Severance damages.

CV2617: Reasonable cost to restore as measure of severance damages.

CV2618: Access.

CV2619: Vested right of access.

CV2620: Special benefits.

CV2621: Apportionment of just compensation among multiple interests.

CV2622: Apportionment of just compensation between owner and tenant.

CV2800 Vicarious Liability

CV2801: An organization acts through its agents.

CV2802: Actual authority.

CV2803: Apparent authority.

CV2804: Approval of conduct.

CV2805: "Scope of employment" defined.

CV2806: Deviation from scope of employment.

CV2807: Scope of employment; travel to and from work.

CV2808: Scope of employment; dual purpose.

CV2809: Scope of employment; intentional act.

CV2810: Joint venture defined.

CV2811: Liability of [partnership/joint venture] for acts of [partner/joint venturer.

CV2812: Liability of parents or legal guardians for property damage caused by a minor.

CV2813: Liability of a person who gives a minor permission to drive his vehicle.

CV2814: Independent contractor defined.

CV2815: Liability for independent contractor.

CV2815A: Principal retains control over manner and means of the injury-causing aspect of the work.

CV2815B: Principal may remain liable despite delegating duty.

CV2815C: Inherently dangerous work.

Civil
Instructions
Comment on the Instructions
Committee Information
Contact the Committee
Correlation Table (MS Word File)

Criminal
Instructions
Comment on the Instructions
Committee Information
Contact the Committee
Criminal Jury Verdict Forms

Resources
Plain-Language Drafting Guidelines
Building a Set of Jury Instructions
Law Library

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