Month: October 2024

Nevada Jury Instructions: Misrepresentation; Introductory Instruction

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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 Jay YoungHon. Jay Young…

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Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Nevada Jury Instructions: Defamation; Special Damages; Definition

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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 Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex…

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Nevada Jury Instructions: Defamation; Reckless Disregard; Definition

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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 Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades…

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Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Nevada Jury Instructions: Defamation; Publication; Definition

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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…

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Nevada Jury Instructions: Defamation–Expressions Of Opinion

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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 Jay YoungHon….

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Nevada Jury Instructions: Defamatory Communication; Definition

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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 Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of…

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Nevada Jury Instructions: Slander; Elements

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SLANDER; ELEMENTS In order to establish a claim of slander, the plaintiff must prove the following elements: That the defendant made a false and defamatory oral communication concerning the plaintiff; That the communication was published to a third party; That the defendant either knew the communication was false and that it defamed the plaintiff [,]…

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Nevada Jury Instructions: Defective Product Assumption Of Risk

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ASSUMPTION OF RISK The defendant contends that the plaintiff assumed the risk of the harm that he suffered. To establish that the plaintiff assumed this risk, the defendant must show, by a preponderance of the evidence; that: The plaintiff actually knew and appreciated the particular risk or danger created by the defect; The plaintiff voluntarily…

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Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator

Nevada Jury Instructions: Personal Property Damage; Contention That Cost Of Repair Exceeds Depreciation

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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…

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Nevada Jury Instructions: Personal Property Damage; Cost Of Repair

Posted on By Jay Young No Comments on Nevada Jury Instructions: Personal Property Damage; Cost Of Repair

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 Jay YoungHon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator,…

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Jay Young, Top Las Vegas, Nevada Mediator and Arbitrator