TABLE OF CONTENTS
Individual Instructions and Preliminary Sections
Preliminary Sections
Section 100 – Oaths
- 101.1 Oath of Jurors Before Voir Dire
- 101.2 Oath of Juror After Voir Dire
- 101.3 Oath of a Witness
- 101.4 Oath of an Interpreter
Section 200 – Preliminary Instructions
A. During Jury Selection
- 201.1 Description of the Case (Before Voir Dire)
- 201.2 Introduction of Participants and Their Roles
- 201.3 Explanation of the Voir Dire Process
B. After Jury Selected and Sworn
- 202.1 Introduction
- 202.2 Explanation of the Trial Procedure
- 202.3 Note-Taking by Jurors
- 202.4 Juror Questions
- 202.5 Jury to be Guided by Official English Translation/Interpretation
Section 300 – Evidence Instructions
- 301.1 Deposition Testimony, Interrogatories, Stipulated Testimony, Stipulations, and Admissions
- 301.2 Instruction When First Item of Documentary, Photographic,or Physical Evidence is Admitted
- 301.3 Instruction When Evidence is First Published to Jurors
- 301.4 Instruction Regarding Visual or Demonstrative Aids
- 301.5 Evidence Admitted for a Limited Purpose
- 301.6 Jury to be Guided by Official English Translation/Interpretation
- 301.7 Jury to be Guided by Official English Transcript of Recording in Foreign Language (Accuracy Not in Dispute)
- 301.8 Jury to be Guided by Official English Translation/Interpretation – Transcript of Recording in Foreign Language (Accuracy in Dispute)
- 301.9 Disregard Stricken Matter
- 301.10 Instruction Before Recess
- 301.11 Failure to Maintain Evidence or Keep a Record
Section 400 – Substantive Instructions
- 416.1 Breach of Contract – Introduction
- 416.2 Third-Party Beneficiary
- 416.3 Contract Formation – Essential Factual Elements
- 416.4 Breach of Contract – Essential Factual Elements
- 416.5 Oral or Written Contract Terms
- 416.6 Contract Implied in Fact
- 416.7 Contract Implied in Law
- 416.8 Contract Formation – Offer
- 416.9 Contract Formation – Revocation of Offer
- 416.10 Contract Formation – Acceptance
- 416.11 Contract Formation – Acceptance by Silence or Conduct
- 416.12 Substantial Performance
- 416.13 Modification
- 416.14 Interpretation – Disputed Term(s)
- 416.15 Interpretation – Meaning of Ordinary Words
- 416.16 Interpretation – Meaning of Disputed Technical or Special Words
- 416.17 Interpretation – Construction of Contract as a Whole
- 416.18 Interpretation – Construction by Conduct
- 416.19 Interpretation – Reasonable Time
- 416.20 Interpretation – Construction Against Drafter
- 416.21 Existence of Condition Precedent Disputed
- 416.22 Occurrence of Agreed Condition Precedent
- 416.23 Anticipatory Breach
- 416.24 Breach of Implied Covenant of Good Faith and Fair Dealing
- 416.25 Affirmative Defense – Mutual Mistake of Fact
- 416.26 Affirmative Defense – Unilateral Mistake of Fact
- 416.27 Affirmative Defense – Undue Influence
- 416.28 Affirmative Defense – Fraud
- 416.29 Affirmative Defense – Negligent Misrepresentation
- 416.30 Affirmative Defense – Waiver
- 416.31 Affirmative Defense – Novation
- 416.32 Affirmative Defense – Statute of Limitations
- 416.33 Affirmative Defense – Equitable Estoppel
- 416.34 [reserved for future use]
- 416.35 Affirmative Defense – Judicial Estoppel
- 416.36 Affirmative Defense – Ratification
- 416.37 Goods Sold and Delivered
- 416.38 Open Account
- 416.39 Account Stated
- 416.40 Money Had and Received
- 416.41 Misappropriation of Trade Secrets
- 416.43 Piercing The Corporate Veil
- 416.44 Legal Status of Entities
- 416.46 Promissory Estoppel
451 Fiduciary Duty (Shared Instructions with Civil Jury Instructions)
- 451.1 Introduction
- 451.2 Summary of Claims or Contentions
- 451.3 Greater Weight of the Evidence
- 451.4 Existence of Fiduciary Duty Disputed
- 451.5 Breach of Fiduciary Duty
- 451.6 Legal Cause
- 451.7 Preemptive Charges
- 451.8 Preliminary Issue — Vicarious Liability
- 451.9 Burden of Proof on Preliminary Issues
- 451.10 Issues on Main Claim
- 451.11 Burden of Proof on Main Claim
- 451.12 Defense Issues
- 451.13 Burden of Proof on Defense Issues
- 451.14 Model Form of Verdict for Breach of Fiduciary Duty
Section 500 – Damages
- 504.1 Introduction to Contract Damages
- 504.2 Breach of Contract Damages
- 504.3 Lost Profits
- 504.4 Damages for Complete Destruction to Business
- 504.5 Owner’s Damages for Breach of Contract to Construct Improvements to Real Property
- 504.6 Obligation to Pay Money Only
- 504.7 Buyer’s Damages for Breach of Contract for Sale of Real Property
- 504.8 Seller’s Damages for Breach of Contract to Purchase Real Property
- 504.9 Mitigation of Damages
- 504.10 Present Cash Value of Future Damages
- 504.11 Nominal Damages
Section 600 – Substantive Instructions – General
- 601.1 Weighing the Evidence
- 601.2 Believability of Witness
- 601.3 Jury to be Guided by Official English Translation/Interpretation
- 601.4 Multiple Claims, Numerous Parties, Consolidated Cases
- 601.5 Concluding Instruction (Before Final Argument)
Section 700 – Closing Instructions
Section 800 – Supplemental Matters
- 801.1 Juror Question During Deliberations
- 801.2 Read-Back of Testimony
- 801.3 Jury Deadlocked
- 801.4 Instructions upon Discharge of Jury
Verdict Forms
- Form 416.2 Model Form of Verdict for Third-Party Beneficiary of Contract Claim
- Form 416.3 Model Form of Verdict for Formation of Contract
- Form 416.4. Model Form of Verdict for Breach of Contract
- Form 416.5 Model Form of Verdict for Oral or Written Contract Terms
- Form 416.6 Model Form of Verdict for Contract Implied in Fact
- Form 416.7 Model Form of Verdict for Contract Implied in Law
- Form 416.8 Model Form of Verdict for Contract Formation—Offer
- Form 416.10 Model Form of Verdict for Contract Formation—Acceptance
- Form 416.11 Model Form of Verdict for Contract Formation—Acceptance by Silence Or Conduct
- Form 416.12 Model Form of Verdict for Substantial Performance of Contract
- Form 416.13 Model Form of Verdict for Modification of Term(s) Of Contract
- Form 416.14 Model Form of Verdict for Interpretation—Disputed Term(s)
- Form 416.15 Model Form of Verdict for Interpretation—Meaning of Ordinary Words
- Form 416.16 Model Form of Verdict for Interpretation—Meaning of Disputed Technical or Special Words
- Form 416.17 Model Form of Verdict for Interpretation—Construction of Contract as a Whole
- Form 416.18 Model Form of Verdict for Interpretation—Construction by Conduct
- Form 416.19 Model Form of Verdict for Interpretation of Contract—Reasonable Time
- Form 416.20 Model Form of Verdict for Interpretation—Construction Against Drafter
- Form 416.21 Model Form of Verdict for Existence of Conditions Precedent Disputed
- Form 416.22 Model Form of Verdict for Occurrence of Agreed Condition Precedent of Contract Claim
- Form 416.24. Model Form of Verdict for Breach of Implied Covenant of Good Faith and Fair Dealing
- Form 416.25. Model Form of Verdict for Affirmative Defense—Mutual Mistake of Fact
- Form 416.32(a) Model Form of Verdict for Affirmative Defense—Statute of Limitations
- Form 416.32 (b) Model Form of Verdict for Statute of Limitations Defense in a Breach of Contract Case
- Form 416.33 Model Form of Verdict for Affirmative Defense—Equitable Estoppel
- Form 416.35 Model Form of Verdict for Affirmative Defense of Contract Claim—Judicial Estoppel
- Form 416.36 Model Form of Verdict for Affirmative Defense—Ratification
- Form 416.37 Model Form of Verdict for Goods Sold and Delivered
- Form 416.38 Model Form of Verdict for Open Account
- Form 416.39 Model Form of Verdict for Account Stated
- Form 416.42 Model Form of Verdict for Breach of Duty to Disclose—Residential
- Form 416.43 Model Form of Verdict for Piercing the Corporate Veil in Contract Claim
- Form 416.44 Model Form of Verdict for Legal Status of Entities in a Contract Claim
- Form 416.46 Model Form of Verdict for Promissory Estoppel