Nevada Jury Instructions

Nevada Jury Instructions

NEV. J.I. 1.0               DUTY OF JUDGE AND JURY
NEV. J.I. 1.01             USE OF INSTRUCTIONS
NEV. J.I. 1.02            MASCULINE FORM OF PRONOUN INCLUDES FEMININE OR CORPORATION
NEV. J.I.1.03             WHAT IS AND WHAT IS NOT EVIDENCE  (more…)

GENERAL VERDICT CONCERNING NEGLIGENCE ALONG WITH SPECIAL VERDICT CONCERNING CONTRIBUTORY NEGLIGENCE; VERDICT FOR PLAINTIFF

We, the jury in the above-entitled action, find for the plaintiff and against the defendant and, without reduction for plaintiff’s contributory negligence, if any, assess the total amount of the plaintiff’s damages at $          .

Having found for the plaintiff and against the defendant, we further find:

  1. The percentage of negligence on the part of the plaintiff which was a [proximate] [legal] cause of the plaintiff’s injury was………………………………………………………………. %
  1. The percentage of negligence on the part of the defendant, which was a [proximate] [legal] cause

of the plaintiff’s injury was………………………………………………………….. %

TOTAL…………………………………………… 100%

DATED this______ day of___________ , 200

FOREMAN

NEV. J.I. 12.03

GENERAL VERDICT WITH SPECIAL FINDINGS; STRICT PRODUCTS LIABILITY ACTION

We further find as follows on the particular questions of fact herein:

Question No. 1: Did the defendant [manufacture, sell, etc.] the product in question?

Answer “yes” or “no.”

Answer: _______________________________________________

Question No. 2: Was the product defective?

Answer “yes” or “no.”

Answer: _______________________________________________

Question No. 3: Did the defect in the product exist when the product left the defendant’s possession?

Answer “yes” or “no.”

Answer: _______________________________________________

Question No. 4: Was the product used in a manner which was reasonably foreseeable by the defendant?

Answer “yes” or “no.”

Answer: _______________________________________________

Question No. 5: Was the defect a [proximate] [legal] cause of damage or injury to the plaintiff?

Answer “yes” or “no.”

Answer:

DATED this______ day of__________________ , 200

FOREMAN

NEV. J.I. 12.02

GENERAL VERDICT FORM; VERDICT FOR DEFENDANT

__________________________ We, the jury in the above-entitled action, find for the defendant[s] and against the plaintiff. DATED this___________ day of   , 200  .

FOREMAN

NEV. J.I. 12.01

GENERAL VERDICT FORM; VERDICT FOR PLAINTIFF; OPTIONAL SPECIAL VERDICT ON PAST AND FUTURE DAMAGES

 We, the jury in the above-entitled action, find for the plaintiff and against the defendant[s] and assess the total amount of the plaintiff’s damages at $ .

[We further find that the total amount of the plaintiff’s damages is divided into past damages and future damages as follows:

Past damages……………………… $________________________ ,

Future damages………………… $_______________________ .]

DATED this______ day of__________________ , 200 .

FOREMAN

NEV. J.I. 12.00

CONCLUDING INSTRUCTION; GENERAL VERDICT CONCERNING NEGLIGENCE ALONG WITH SPECIAL VERDICT CONCERNING CONTRIBUTORY NEGLIGENCE, IF ANY

When you retire to consider your verdict, you must select one of your number to act as foreman, who will preside over your deliberation and will be your spokesman here in court.

During your deliberation, you will have all the exhibits which were admitted into evidence, these written instructions and forms of verdict which have been prepared for your convenience.

The percentage of negligence attributable to the plaintiff, if any, shall reduce the amount of his recovery by the proportionate amount of his negligence. If you determine that the plaintiff is entitled to recover, you shall return a general verdict indicating the total amount of damages the plaintiff would be entitled to recover without regard to his contributory negligence, if any; a special verdict indicating the percentage of negligence attributable to each party; and a general verdict indicating the net sum determined to be recoverable by the plaintiff.

In civil actions, three-fourths of the total number of jurors may find and return a verdict. This is a civil action. As soon as six or more of you have agreed upon the general verdicts and six or more of you have agreed upon a special verdict, you must have the verdicts signed and dated by your foreman, and then return with them to this room.

NEV. J.I. 11.07

CONCLUDING INSTRUCTION; GENERAL VERDICT WITH SPECIAL FINDINGS

During your deliberation, you will have all the exhibits which were admitted into evidence, these written instructions and forms of verdict which have been prepared for your convenience.

In civil actions, three-fourths of the total number of jurors may find and return a verdict. This is a civil action. If your verdict is in favor of the plaintiff, you are directed to make special findings of fact consisting of written answers to the questions in a form that will be given to you. You shall answer the questions in accordance with the directions in the form and all of the instruction so of the court. As soon as six or more of you have agreed upon every answer in the special findings, you must have the verdict and special findings signed and dated by your foreman, and then return with them to this room.

NEV. J.I. 11.06

CONCLUDING INSTRUCTION; SPECIAL VERDICT ONLY

During your deliberation, you will have all the exhibits which were admitted into evidence, these written instructions and a special verdict form which has been prepared for your convenience.

NEV. J.I. 11.05

CONCLUDING INSTRUCTION; GENERAL VERDICT ONLY

During your deliberation, you will have all the exhibits which were admitted into evidence, these written instructions and forms of verdict which have been prepared for your convenience.

In civil actions, three-fourths of the total number of jurors may find and return a verdict. This is a civil action. As soon as six or more of you have agreed upon a verdict, you must have it signed and dated by your foreman, and then return with it to this room.

NEV. J.I. 11.04

ARGUMENTS OF COUNSEL

Now you will listen to the arguments of counsel who will endeavor to aid you to reach a proper verdict by refreshing in your minds the evidence and by showing the application thereof to the law; but, whatever counsel may say, you will bear in mind that it is your duty to be governed in your deliberation by the evidence, as you understand it and remember it to be, and by the law as given you in these instructions, and return a verdict which, according to your reason and candid judgment, is just and proper.

NEV. J.I. 11.03

READING BACK TESTIMONY

If, during your deliberation, you should desire to be further informed on any point of law or hear again portions of the testimony, you must reduce your request to writing signed by the foreman. The officer will then return you to court where the information sought will be given to you in the presence of the parties or their attorneys.

Read backs of testimony are time consuming and are not encouraged unless you deem it a necessity. Should you require a read back, you must carefully describe the testimony to be read back so that the court report can arrange her notes. Remember, the court is not a liberty to supplement the evidence.

NEV. J.I. 11.02

DUTY OF JUROR TO CONSULT

It is your duty as jurors to consult with one another and to deliberate with a view toward reaching an agreement, if you can do so without violence to your individual judgment. Each of you must decide the case for yourself, but should do so only after a consideration of the case with your fellow jurors, and you should not hesitate to change an opinion when convinced that it is erroneous. However, you should not be influenced to vote in any way on any questions submitted to you by the single fact that a majority of the jurors, or any of them, favor such a decision. In other words, you should not surrender your honest convictions concerning the effect or weight of evidence for the mere purpose of returning a verdict or solely because of the opinion of the other jurors. Whatever your verdict is, it must be the product of a careful and impartial consideration of all the evidence in the case under the rules of law as given you by the court.

NEV. J.I. 11.01

ALL INSTRUCTIONS NOT NECESSARILY APPLICABLE

The court has given you instructions embodying various rules of law to help guide you to a just and lawful verdict. Whether some of these instructions will apply will depend upon what you find to be the facts. The fact that I have instructed you on various subjects in this case [including that of damages] must not be taken as indicating an opinion of the court as to what you should find to be the facts or as to which party is entitled to your verdict.

NEV. J.I. 11.00

BAJI 15.22

PUNITIVE DAMAGES; DEFINITION OF CONSCIOUS DISREGARD OF RIGHTS OR SAFETY OF OTHERS

A person acts with conscious disregard of the rights or safety of others when [he] [she] is aware of the probable dangerous consequences of [his] [her] conduct and willfully and deliberately fails to avoid those consequences.

NEV. J.I. 1021

BAJI 14.72

PUNITIVE DAMAGES; RECOVERY AND MEASURE

 If you find that plaintiff suffered damage as a [proximate] [legal] result of the conduct of the defendant, and upon which conduct you base a finding of liability, you may then consider whether you should award punitive or exemplary damages against defendant

[________________________ only], for the sake of example and by way of punishment. You may in your discretion award such damages, if, but only if, you find by a preponderance of the evidence that said defendant was guilty of [oppression] [fraud] [or] [malice] in the conduct upon which you base your finding of liability.

[“Malice” means conduct which is [intended by the defendant to cause injury to the plaintiff] [or] [carried on by the defendant with a conscious disregard for the] [rights] [or] [safety] of others.]

[“Oppression” means subjecting a person to cruel and unjust hardship in conscious disregard of that person’s rights.]

[“Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention, on the part of the defendant, of thereby depriving a person of property or legal rights or otherwise causing injury.]

The law provides no fixed standards as to the amount of such punitive damages, but leaves the amount to the jury’s sound discretion, exercised without passion or prejudice.

In arriving at any award of punitive damages, you are to consider the following:

  1. The reprehensibility of the conduct of the defendant;
  1. The amount of punitive damages which will have a deterrent effect on the defendant in the light of defendant’s financial condition.

 

NEV. J.I. 10.20

BAJI 14.71

PERSONAL INJURY AND PROPERTY DAMAGE; CLOSING INSTRUCTION

Whether any of these elements of damage have been proven by the evidence is for you to determine. Neither sympathy nor speculation is a proper basis for determining damages. However, absolute certainty as to the damages is not required. It is only required that plaintiff prove each item of damage by a preponderance of the evidence.

NEV. J.I. 10.19

WRONGFUL DEATH; PERSONAL REPRESENTATIVE AS PLAINTIFF; SPECIAL DAMAGE AND PENALTIES

Plaintiff__________________________ is the personal representative of

________________________ , deceased.

If, under the court’s instructions, you find that plaintiff____________ is

entitled to a verdict against the defendant, you must then award him damages in an amount that will reasonably compensate the estate for any special damages, such as medical expenses, which the decedent incurred before his death, and funeral expenses, provided that you find that such damages were actually suffered by the estate and were [proximately] [legally] caused by the act or omission upon which you base your finding of liability.

[Plaintiff__________________________________ is also entitled to recover, on behalf of

the estate, any penalties that the decedent would have recovered if he had lived.]

NEV. J.I. 10.18

NRS 41.085(5)

 

WRONGFUL DEATH; HEIR AS PLAINTIFF;

GRIEF, SORROW, PAIN, SUFFERING, DISFIGUREMENT; NO DEFINITE STANDARD

No definite standard [or method of calculation] is prescribed by law by which to fix reasonable compensation for grief or sorrow [or pain and suffering] [and disfigurement]. Nor is the opinion of any witness required as to the amount of such reasonable compensation. [Furthermore, the argument of counsel as to the amount of damages is not evidence of reasonable compensation.] In making an award for grief or sorrow [and] [,] [pain and suffering] [and disfigurement] you shall exercise your authority with clam and reasonable judgment and the damages you fix shall be just and reasonable in light of the evidence.

NEV. J.I. 10.17

BAJI 14.13

WRONGFUL DEATH; HEIR AS PLAINTIFF; PAIN, SUFFERING, OR DISFIGUREMENT OF THE DECEDENT

If, under the court’s instructions, you find that [one or more of] the heir[s] is entitled to a verdict, you must also award to such heir[s] as damages an amount representing the pain and suffering [and disfigurement], if any, experienced by the decedent and [proximately] [legally] caused by the act or omission upon which you base you finding of liability.

NEV. J.I. 10.16

NRS 41.085(4)

WRONGFUL DEATH; HEIR AS PLAINTIFF; GRIEF OR SORROW

 Any grief or sorrow suffered by the heir [and any grief or sorrow reasonably certain to be experienced by the heir in the future].

NEV. J.I. 10.15

NRS 41.085(4)

WRONGFUL DEATH OF CHILD; HEIR AS PLAINTIFF; LOSS OF PROBABLE SUPPORT, COMPANIONSHIP, SOCIETY AND COMFORT

The heir’s loss of probable support, companionship, society and comfort. In determining that loss you may consider not only the benefits that the heir was reasonably certain to have received form the earnings and services of [his] [her] child during the child’s minority, but also the support and financial benefit which it is reasonably certain the heir would have received from the child after the latter’s majority and during the period of their common life expectancy.

You may consider also what loss, if any, the heir was suffered, and will suffer in the future with reasonable certainty, by being deprived of the love, companionship, comfort, affection, society, solace or moral support of the child.

As an offset against the factors of loss mentioned, you should take into consideration what it would have cost the heir to support and educate the deceased child, had [he] [she] lived.

In weighing these matters, you may consider:

  1. The age of the deceased and of the heir;
  2. The state of health and physical condition of the deceased and of the heir as it existed at the time of death and immediately prior thereto;
  3. Their station in life;
  4. heir respective life expectancies as shown by the evidence;
  5. The disposition of the deceased, whether it was kindly, affectionate, or otherwise;
  6. Whether or not [he] [she] showed a likelihood of contributing to the support of the heir;
  7. The earning capacity, if any, of the deceased; and
  8. All other facts in evidence that throw light upon the question of what benefits the heir might reasonably have been expected to receive from the deceased child had [he] [she] lived.

With respect to the matter of life expectancy, you must keep this point in mind: the prospective period of time that will be of concern to you if you decide in favor of [any] [the] heir is only the shorter of the two life expectancies, that of such heir or that of the deceased child, as one can derive a benefit form the life of another only so long as both are alive.

NEV. J.I. 10.14

BAJI 14.52

NRS 41.085(4)

WRONGFUL DEATH OF ADULT; HEIR AS PLAINTIFF; LOSS OF PROBABLE SUPPORT, COMPANIONSHIP, SOCIETY, COMFORT AND CONSORTIUM

The heir’s loss of probably support, companionship, society, comfort and consortium. In determining the loss, you may consider the financial support, if any, which the heir would have received from the deceased except for his death, and the right to receive support, if any, which the heir has lost by reason of his death.

[The right of one person to receive support from another is not destroyed by the fact that the former does not need the support, nor by the fact that the latter has not provided it.]

You may also consider:

  1. The age of the deceased and of the heir;
  2. The health of the deceased and of the heir;
  3. The respective life expectancies of the deceased and of the heir;
  4. Whether the deceased was kindly, affectionate or otherwise;
  5. The disposition of the deceased to contribute financially to support the heir;
  6. The earning capacity of the deceased;
  7. His habits of industry and thrift; and
  8. Any other facts shown by the evidence indicating what benefits the heir might reasonably have been expected to receive from the deceased had he lived.

With respect to life expectancies, you will only be concerned with the shorter of two, that of the heir whose damages you are evaluating or that of the decedent, as one can derive a benefit from the life of another only so long as both are alive.

NEV. J.I. 10.13

BAJI 14.50

NRS 41.085(4)

 

WRONGFUL DEATH; HEIR AS PLAINTIFF; INTRODUCTORY

Plaintiff[s]___________________________________________________ [is] [are] the

heir[s] of_________________________________________ , deceased.

In determining the amount of losses, if any, suffered by [one or more of] the heir[s] as a

[proximate] [legal] result of the death of___________________________ , you will decide

upon a sum of money sufficient to reasonably and fairly compensate [each] such heir for the following items:

 

NEV. J.I. 10.12

LOSS OF USE OF PERSONAL PROPERTY

Damage to plaintiff as a result of being deprived of the use of his [automobile] [property] during the time reasonably necessary for repairing the damage [proximately] [legally] resulting from the accident. In determining that amount you may consider the reasonable rental value of the [automobile] [property] for the period of time just mentioned.

NEV. J.I. 10.11

BAJI 14.22

PERSONAL PROPERTY LOST OR DESTROYED

The plaintiff’s property that was lost or destroyed in, or because of, the accident. That amount is the fair market value of such property at the time of its loss or destruction.

NEV. J.I. 10.10

BAJI 14.21

PERSONAL PROPERTY DAMAGE; CONTENTION OF RESIDUAL DEPRECIATION

Damage to the plaintiff’s property.

If repairs have been made by the property cannot be completely repaired, the measure of damages is the difference in the fair market value of the property immediately before the accident and its fair market value after the repairs have been made, plus the reasonable cost of making the repairs.

NEV. J.I. 10.09

BAJI 14.20

PERSONAL PROPERTY DAMAGE; CONTENTION THAT COST OF REPAIR EXCEEDS DEPRECIATION

Damage to the plaintiffs property.

The amount of such damage is equal to the difference in the fair market value of the property immediately before and immediately after the accident.

If the damages have been repaired, or are capable of repair, so as to restore the fair market value as it existed immediately before the accident, at a cost less than such difference in value, then the measure of damage is the cost of such repair rather than such difference in value.

NEV. J.I. 10.08

BAJI 14.20

PERSONAL PROPERTY DAMAGE; COST OF REPAIR

The cost of repairing the damage to the plaintiff’s property.

NEV. J.I. 10.07

BAJI 14.20

PERSONAL INJURY; AGGRAVATION OF PREEXISTING CONDITION

A person who has a condition or disability at the time of an injury is not entitled to recover damages therefor. However, he is entitled to recover damages for any aggravation of such preexisting condition or disability [proximately] [legally] resulting from the injury.

This is true even if the person’s condition or disability made him more susceptible to the possibility of ill effects than a normally healthy person would have been, and even if a normally healthy person probably would not have suffered any substantial injury.

Where a preexisting condition or disability is so aggravated, the damages as to such condition or disability are limited to the additional injury caused by the aggravation.

NEV. J.I. 10.06

BAJI 14.65

PERSONAL INJURY; PAIN AND SUFFERING; NO DEFINITE STANDARD

No definite standard [or method of calculation] is prescribed by law by which to fix reasonable compensation for pain and suffering. Nor is the opinion of any witness required as to the amount of such reasonable compensation. [Furthermore, the argument of counsel as to the amount of damages is not evidence of reasonable compensation.] In making an award for pain and suffering, you shall exercise your authority with calm and reasonable judgment and the damages you fix shall be just and reasonable in the light of the evidence.

NEV. J.I. 10.05

BAJI 14.13

PERSONAL INJURY; PAIN AND SUFFERING

The physical and mental pain, suffering, anguish and disability endured by the plaintiff from the date of the accident to the present [and the physical and mental pain, suffering, anguish and disability which you believe plaintiff is reasonably certain to experience in the future as a result of the accident].

NEV. J.I. 10.04

PERSONAL INJURY; LOSS OF EARNINGS

Plaintiff’s loss of earnings from the date of the accident to the present [and the loss of earnings which you believe the plaintiff is reasonably certain to experience in the future as a result of the accident].

NEV. J.I. 10.03

PERSONAL INJURY; MEDICAL EXPENSES

The reasonable medical expenses plaintiff has necessarily incurred as a result of the accident [and the medical expenses which you believe the plaintiff is reasonably certain to incur in the future as a result of the accident].

NEV. J.I. 10.02

PERSONAL INJURY AND PROPERTY DAMAGE; INTRODUCTORY (ADMITTED LIABILITY)

The defendant has admitted liability for the plaintiffs personal injuries [and property damage] [proximately] [legally] caused by the accident in question.

[A proximate cause of an injury [or damage] is a cause which, in natural and continuous sequence, produces the injury [or damage], and without which the injury [or damage] would not have occurred.]

[A legal cause of an injury [or damage] is a cause which is a substantial factor in bringing about the injury] [or damage].

In determining the amount of losses, if any, suffered by the plaintiff as a [proximate] [legal] result of the accident in question, you will take into consideration the nature, extent and duration of the injuries [or damage] you believe from the evidence plaintiff has sustained, and you will decide upon a sum of money sufficient to reasonably and fairly compensate plaintiff for the following items:

NEV. J.I. 10.01

PERSONAL INJURY AND PROPERTY DAMAGE; INTRODUCTORY

In determining the amount of losses, if any, suffered by the plaintiff as a [proximate] [legal] result of the accident in question, you will take into consideration the nature, extent and duration of the injuries [or damage] you believe from the evidence plaintiff has sustained, and you will decide upon a sum of money sufficient to reasonably and fairly compensate plaintiff for the following items:

NEV. J.I. 10.00

 

DAMAGES; BENEFIT OF THE BARGAIN RULE

If, under the court’s instructions, you find that plaintiff is entitled to a verdict against the defendant, you must the award plaintiff damages in an amount that will reasonably compensate him for all the loss suffered by him and [proximately] [legally] caused by the misrepresentation upon which you base your finding of liability.

The amount of such award shall be the difference, if any, between the actual value of that which the plaintiff received and the value which it would have had if the misrepresentation had been true. This is sometimes referred to as the “benefit of the bargain.”

NEV. J.I. 9.08

BAJI 12.57

DAMAGES; OUT OF POCKET RULE

If under the court’s instructions, you find that plaintiff is entitled to a verdict against defendant, you must then award plaintiff damages, if any, [proximately] [legally] caused by the misrepresentation upon which you base your finding of liability.

The amount of such award shall include:

  1. The difference, if any, between the actual value of that with which the plaintiff parted and the actual value of that which he received. This is sometimes referred to as the “out of pocket loss.”

Actual value means market value. Market value means the highest price, in terms of money, for which real or personal property would sell on the open market; the seller having a reasonable time within which to sell, and being willing to sell but not forced to do sop the buyer being ready, wiling and able to buy but not forced to do so, and having a reasonable time and full opportunity to investigate the property in question and to determine its condition, suitability for use, and all of the things about the property that would naturally and reasonably affect its market value.

  1. In addition to his “out of pocket loss,” if any, plaintiff is entitled to recover any additional damage arising from the particular transaction, including any of the following:
  • [Amounts actually and reasonably expended in reliance upon the misrepresentation;]
  • [An amount which will compensate the plaintiff for loss of use and enjoyment of the property to the extent that any such loss was [proximately] [legally] caused by the misrepresentation;]
  • [An amount which will compensate him for profits or other gains which might reasonably have been earned by use of the property had he retained it;]
  • [An amount which will compensate him for any loss of profits or other gains which were reasonably anticipated, and would have been earned by him for the use or sale of the property, had it possessed the characteristics attributed to it by the party making the misrepresentation; provided that lost profits from the use or sale of the property shall be recoverable only if, and only to the extent that, all of the following apply;
  • The plaintiff acquired the property for the purpose of using or reselling it for a profit;
  • The plaintiff reasonably relied upon the misrepresentation in entering into the transaction and in anticipating profits from the subsequent use or sale of the property; and
  • Any loss of profits for which damages are sought under this paragraph have been [proximately] [legally] caused by the misrepresentation and the plaintiffs reliance on it.]

NEV. J.I. 9.07

BAJI 12.56

RELIANCE

A party claiming to have been damaged by [a false representation] [a promise made without an intent to perform] [false information] must have relied upon the [representation] [promise] [information]; that is, the [representation] [promise] [information] must have been a [proximate] [legal] cause of the party’s action or failure to act.

The [representation] [promise] [information] need not be the sole [proximate] [legal] cause if it appears that reliance upon it substantially influenced the party’s action or failure to act, even though other influences operated as well.

Reliance may be shown by direct evidence or may be inferred from the circumstances.

NEV. J.I. 9.06

BAJI 12.51

NEGLIGENT MISREPRESENTATION; ELEMENTS

  1. The defendant must have supplied information while in the course of his business, profession or employment, or any other transaction in which he had a pecuniary interest;
  1. The information must have been false;
  1. The information must have been supplied for the guidance of the plaintiff in his business transactions;
  1. The defendant must have failed to exercise reasonable care or competence in obtaining or communicating the information;
  1. The plaintiff must have justifiably relied upon the information by taking action or refraining from it;
  1. And, finally, as a result of his reliance upon the accuracy of the information, the plaintiff must have sustained damage.

NEV. J.I. 9.05

PROMISE WITHOUT INTENT TO PERFORM; ELEMENTS

  1. The defendant must have made a promise as to a material matter and, at the time he made it, he must have intended not to perform it;
  1. The defendant must have made the promise with an intent to defraud the plaintiff, that is, he must have made the promise for the purpose of inducing plaintiff to rely upon it, and to act or refrain from acting in reliance upon it;
  1. The plaintiff must have been unaware of the defendant’s intention not to perform the promise, he must have acted in reliance upon the promise, and he must have been justified in relying upon the promise made by the defendant;
  1. And, finally, as a result of his reliance upon defendant’s promise, the plaintiff must have sustained damage.

NEV. J.I. 9.04

BAJI 12.40

CONCEALMENT; ELEMENTS

  1. The defendant must have concealed or suppressed a material fact;
  1. The defendant must have been under a duty to disclose the fact to the plaintiff;
  1. The defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff, that is, he must have concealed or suppressed the fact for the purpose of inducing the plaintiff to act differently than he would if he knew the fact;
  1. The plaintiff must have been unaware of the fact and would not have acted as he did if he had known of the concealed or suppressed fact;
  1. And, finally, as a result of the concealment or suppression of the fact, the plaintiff must have sustained damage.

NEV. J.I. 9.03

BURDEN OF PROOF

This burden is upon the plaintiff to support his contention of [intentional misrepresentation] [concealment] [making promises without intent to perform] by clear and convincing proof.

NEV. J.I. 9.02

INTENTIONAL MISREPRESENTATION; ELEMENTS

  1. A false representation made by the defendant;
  1. Knowledge or belief on the part of the defendant that the representation was false or that he had an insufficient basis of information to make the representation;
  1. An intention on the part of the defendant to induce the plaintiff to act or to refrain from acting in reliance upon the misrepresentation;
  1. Justifiable reliance upon the misrepresentation on the part of the plaintiff in taking action or refraining from it; and
  1. Damage to the plaintiff, resulting from such reliance.

 

NEV. J.I. 9.01

INTRODUCTORY INSTRUCTION

In this action the plaintiff seeks to recover damages he claims he sustained as a result of the alleged misrepresentation of the defendant.

The essential elements of the misrepresentation claimed in this action, each of which elements must be proved to recover damages, are:

NEV. J.I. 9.00

BAJI 12.30

SPECIAL DAMAGES; DEFINITION

As used in these instructions, the phrase “special damages” means damages that flow directly from the injury to reputation caused by the defamation; not from the more general effects of the defamation.

NEV. J.I. 8.10

RECKLESS DISREGARD; DEFINITION

A defamatory communication is made in reckless disregard of its falsity if the defendant entertained serious doubts as to the truth of the communication or had a high degree of awareness of the communication’s probably falsity.

 

NEV. J.I. 8.09

PUBLICATION; DEFINITION

Publication of a defamatory matter is its communication intentionally or by a negligent act to one other than the person [or persons] defamed.

[No publication takes place by virtue of the communication of defamatory matter by one corporate officer, agent, or employee to another corporate officer, agent, or employee in the regular course of the corporation’s business.]

[One who intentionally and unreasonably fails to remove defamatory matter that he knows to be exhibited on property in his possession or under his control is subject to liability for its continued publication.]

NEV. J.I. 8.08

EXPRESSIONS OF OPINION

A defamatory communication may consist of a statement of fact or of a statement in the form of any opinion, but a statement in the form of an opinion is actionable only if it implies the allegation of undisclosed defamatory facts as the basis for the opinion.

NEV. J.I. 8.07

DEFAMATORY COMMUNICATION; DEFINITION

A communication is defamatory if it tends so to harm the reputation of the plaintiff as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.

NEV. J.I. 8.06

LIBEL PER SE; DEFINITION

“Libel per se” refers to certain libelous communications which subject a defendant to liability without any showing that the publication of the communication was a [proximate] [legal] cause of special damages to the plaintiff.

A libelous communication constitutes libel per se if its defamatory meaning is apparent from the communication itself and without reference to extrinsic facts.

In determining whether a communication constitutes libel per se, the words used are to be given the plain and natural meaning that they would normally convey to those to whom they were directed, in light of the circumstances under which the works were used.

NEV. J.I. 8.05

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