Massachusetts Superior Court Civil Practice Jury Instructions
Precise language - powerful authority
- Product Number: 2192857WFM
- Publication Date: 12/31/2018
- Edition: 3rd Edition 2014, with 2016 & 2018 Supplements
- Copyright: © 2018 MCLE, Inc.
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Product Description
Product Description
Authored and edited by distinguished judges and litigators, this definitive manual provides pattern jury instructions and extensive supporting case and statutory authority on a wide range of civil litigation matters, including employment, torts, business, intellectual property, real estate, environmental, and insurance.
Recent updates:
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Update: December 2018
Dear Subscriber:
Thank you for choosing to keep your civil litigation collection current with the 2018 supplement to MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Paul D. Wilson of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Saul Ewing Arnstein & Lehr LLP, this supplement includes a wealth of important updates.
You will find updated jury instruction language and new case notes throughout the book. The following are just a few of the updates in the supplement:
- substantially revised precharge instructions, see Chapter 1—General Instructions;
- an updated definition of negligence, see Chapter 2—Personal Injury;
- new instructions on innovator liability and food product liability, see Chapter 11—Product Liability;
- new in pari delicto instructions for accounting malpractice cases, see Chapter 18—Professional Malpractice; and
- edits to instructions throughout the book reflecting an effort to employ clear, plain English language.
We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.
Cordially,
Alexis J. LeBlanc, Esq., MCLE Publications Attorney
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Update: December 2016
Dear Subscriber:
Thank you for choosing to keep your civil litigation collection current with the 2016 supplement to MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Paul D. Wilson of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, this supplement includes a wealth of important updates.
You will find updated jury instruction language, new case notes, and new practice tips throughout the book. Just a few of the supplement's highlights include new instructions on the following.
- Violation of safety standards and compliance with safety standards in Chapter 11—Product Liability.
- The implied warranty of habitability as it relates to condominiums in Chapter 17—Real Estate.
- Burden of proof in a legal malpractice case in Chapter 18—Professional Malpractice.
- Procuring false imprisonment through third parties in Chapter 23—False Imprisonment and False Arrest.
- Interviewing jurors in Chapter 25—Submitting the Case to the Jury.
We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.
Cordially,
Alexis J. LeBlanc, Esq., MCLE Publications Attorney
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Update: January 2015
Dear Subscriber:
Thank you for choosing to keep your civil litigation collection current with the 2014 revised edition of MCLE's Massachusetts Superior Court Civil Practice Jury Instructions . Under the editorial leadership of the Honorable Patrick F. Brady of the Massachusetts Superior Court and Joseph D. Lipchitz, Esq., of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, this edition includes a wealth of important updates.
Highlights include new or revised instructions on the following topics:
- jurors' use of social media (see Chapter 1—General Instructions),
- negligent infliction of emotional distress, both first-party claims and claims by persons who witness injury to or death of a family member (see Chapter 8—Emotional Distress),
- implicit bias (see Chapter 13—Special Issues),
- breach of fiduciary duty and sources of fiduciary duty, including attorney-client, partnerships, joint ventures, and officer and director (see Chapter 12—Business Litigation), and
- supervisor liability in federal civil rights actions (see Chapter 19—Civil Rights Actions).
We at MCLE trust that you will find this material useful in your law library and valuable in your daily practice. Thank you for your continued support.
Cordially,
Alexis J. LeBlanc, Esq., MCLE Publications Attorney
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Update: December 2018
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Table of Contents
Table of Contents
expand allChapter 1 expandGeneral Instructions
Buy ChapterChapter 2 expandChapter 3 expandWrongful Death
Buy ChapterExhibit 3A
- Sample Special Verdict Form—Wrongful Death Buy FormInstruction 3.1
- Preliminary Instruction—Wrongful Death Statute Buy FormInstruction 3.10
- Medical Expenses Buy FormInstruction 3.11
- Lost Earning Capacity Prior to Death Buy FormInstruction 3.12
- Conscious Pain and Suffering Buy FormInstruction 3.13
- Allocation of Damages Buy FormInstruction 3.14
- Comparative Negligence Buy FormInstruction 3.15
- Malicious, Willful, Wanton, and Reckless Conduct—Punitive Damages Buy FormInstruction 3.16
- Gross Negligence—Punitive Damages Buy FormInstruction 3.2
- Standard of Proof Buy FormInstruction 3.3
- Negligence Buy FormInstruction 3.4
- Causation Buy FormInstruction 3.5
- Compensatory Damages—Death Buy FormInstruction 3.6
- Fair Monetary Value of the Decedent to the Beneficiaries Buy FormInstruction 3.7
- Net Income Buy FormInstruction 3.8
- Loss of Services Buy FormInstruction 3.9
- Burial and Funeral Expenses Buy FormChapter 4 expandMedical Malpractice
Buy ChapterExhibit 4A
- Special Jury Verdict Form Buy FormInstruction 4.1
- Definition of Medical Malpractice Buy FormInstruction 4.10
- Expert Testimony Buy FormInstruction 4.11
- Res Ipsa Loquitur Buy FormInstruction 4.12
- Medical Publications Buy FormInstruction 4.13
- Informed Consent Buy FormInstruction 4.14
- Public Employee Immunity Pursuant to the Massachusetts Tort Claims Act, G.L. c. 258 Buy FormInstruction 4.15
- Vicarious Liability Buy FormInstruction 4.16
- Statutory Liability Exemptions Buy FormInstruction 4.2
- Doctor-Patient Relationship Buy FormInstruction 4.3
- Elements of Malpractice Buy FormInstruction 4.4
- Mitigation of Damages Buy FormInstruction 4.5
- How to Itemize an Award of Damages Buy FormInstruction 4.6
- Special Jury Verdict Instruction (Alternate Instruction) Buy FormInstruction 4.7
- Specific Elements of Damages Buy FormInstruction 4.8
- Wrongful Birth—Damages Buy FormInstruction 4.9
- Wrongful Conception or Wrongful Pregnancy—Damages Buy FormChapter 5 expandEmployment Discrimination
Buy ChapterChapter 6 expandChapter 7 expandInvasion of Privacy
Buy ChapterInstruction 7.1
- Introduction Buy FormInstruction 7.2
- Elements—Notion of Privacy in General Buy FormInstruction 7.3
- Right to Privacy Not Absolute Buy FormInstruction 7.4
- Balancing Competing Interests Buy FormInstruction 7.5
- Elements for Publication of Private Facts Buy FormInstruction 7.6
- Elements for Misappropriation of One’s Name or Likeness Buy FormInstruction 7.7
- Damages Buy FormChapter 8 expandEmotional Distress
Buy ChapterInstruction 8.1
- Intentional Infliction of Emotional Distress Buy FormInstruction 8.2
- Intentional Infliction of Emotional Distress—Conduct Directed at Third Parties Buy FormInstruction 8.3
- Damages Buy FormInstruction 8.4
- Negligent Infliction of Emotional Distress: First Party Claims Buy FormInstruction 8.5
- Negligent Infliction of Emotional Distress: Witnessing Injury to or Death of a Family Member Buy FormChapter 9 expandG.L. c. 21E Claims
Buy ChapterExhibit 9A
- Special Verdict Questions, G.L. c. 21E, § 4 Buy FormExhibit 9B
- Special Verdict Questions, G.L. c. 21E, § 5(a) Buy FormInstruction 9.1
- Introductory Note Buy FormInstruction 9.10
- Response Costs in Two-Site Cases Buy FormInstruction 9.11
- Equitable Share Among Liable Parties Buy FormInstruction 9.12
- Consistency with the Massachusetts Contingency Plan (MCP) Buy FormInstruction 9.13
- Damages—G.L. c. 21E, § 5(a)(5)(iii) Buy FormInstruction 9.14
- Section 5(b) Defense to Property Damage Claim—Divisibility of Harm Buy FormInstruction 9.15
- Third-Party Defense Buy FormInstruction 9.16
- Third-Party Defense—Current Owner Buy FormInstruction 9.17
- Key Definitions Buy FormInstruction 9.18
- Special Defenses Buy FormInstruction 9.19
- Statute of Limitations Accrual—Individual Recovery Buy FormInstruction 9.2
- Persons Liable—G.L. c. 21E, § 5(a) Buy FormInstruction 9.3
- Present Owners or Operators—Oil or Hazardous Material—G.L. c. 21E, § 5(a)(1) Buy FormInstruction 9.4
- Past Owners or Operators Buy FormInstruction 9.5
- Actual Control Buy FormInstruction 9.6
- Arrangers for Transport—Hazardous Material—G.L. c. 21E, § 5(a)(3) Buy FormInstruction 9.7
- Transporters—Hazardous Material—G.L. c. 21E, § 5(a)(4) Buy FormInstruction 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 FormInstruction 9.9
- Damages and Response Costs—G.L. c. 21E, § 4 Buy FormChapter 10 expandEminent Domain Cases
Buy ChapterChapter 11 expandProduct Liability
Buy ChapterExhibit 11A
- Special Jury Verdict—Design Cases Buy FormInstruction 11.1
- Introduction Buy FormInstruction 11.2
- Negligence Buy FormInstruction 11.3
- Breach of Warranty Buy FormInstruction 11.4
- Crashworthiness/Enhanced Injuries Buy FormInstruction 11.5
- Innovator Liability Buy FormInstruction 11.6
- Food Product Liability Buy FormInstruction 11.7
- Special Evidentiary Issues Buy FormChapter 12 expandBusiness Litigation
Buy ChapterInstruction 12.1
- Breach of Postemployment Noncompetition Agreement Buy FormInstruction 12.10
- Adverse Inference Regarding Attorney-Client Privilege Buy FormInstruction 12.2
- Breach of Fiduciary Duty by Majority Shareholder in Close Corporation Buy FormInstruction 12.3
- Alternate Sources of Fiduciary Duty Buy FormInstruction 12.4
- Tortious Interference With Contractual Relationship Buy FormInstruction 12.5
- Tortious Interference With Prospective Business Relationship Buy FormInstruction 12.6
- Common Law Unfair Competition Buy FormInstruction 12.7
- Trade Disparagement and Defamation Buy FormInstruction 12.8
- Vicarious Liability Buy FormInstruction 12.9
- Successor Liability Buy FormChapter 13 expandSpecial Issues
Buy ChapterInstruction 13.1
- Absent Witnesses Buy FormInstruction 13.10
- Facts Established in Prior Proceedings Buy FormInstruction 13.11
- Pro Se Party Buy FormInstruction 13.12
- Seating of Alternate Juror Buy FormInstruction 13.13
- Statute of Limitations Accrual—Tort Case Buy FormInstruction 13.14
- Standard of Proof—Clear and Convincing Buy FormInstruction 13.15
- Spoliation Buy FormInstruction 13.16
- Taking a View Buy FormInstruction 13.17
- Violation of a Statute or Regulation Buy FormInstruction 13.18
- When Jurors Cannot Agree Buy FormInstruction 13.2
- Chalks Buy FormInstruction 13.3
- Charts and Summaries Buy FormInstruction 13.4
- Child Witness Buy FormInstruction 13.5
- Computer Animations Buy FormInstruction 13.6
- Diversity Buy FormInstruction 13.7
- Expert Witness Buy FormInstruction 13.8
- Extraneous Publicity Buy FormInstruction 13.9
- Imaging Systems Buy FormChapter 14 expandBasic Contract Cases
Buy ChapterInstruction 14.1
- Overview of Elements—Breach of Contract Buy FormInstruction 14.2
- Contract Formation Buy FormInstruction 14.3
- Terms of Contract Buy FormInstruction 14.4
- Contractual Performance Buy FormInstruction 14.5
- Contract Substitute: Quantum Meruit Buy FormInstruction 14.6
- Third-Party Beneficiaries Buy FormInstruction 14.7
- Defenses Buy FormInstruction 14.8
- Remedies Buy FormInstruction 14.9
- Damages Buy FormChapter 15 expandIntellectual Property
Buy ChapterChapter 16 expandConsumer Protection Act—Chapter 93A
Buy ChapterExhibit 16A
- Special Jury Verdict Buy FormInstruction 16.1
- Introduction Buy FormInstruction 16.2
- Demand Letters—Section 9 Plaintiff Buy FormInstruction 16.3
- Conduct in Trade or Commerce Buy FormInstruction 16.4
- Unfair or Deceptive Acts Buy FormInstruction 16.5
- Causation—General Charge Buy FormInstruction 16.6
- Damages Buy FormInstruction 16.7
- Supplemental Instructions Buy FormChapter 17 expandReal Estate
Buy ChapterInstruction 17.1
- Introduction Buy FormInstruction 17.2
- Disputes Involving Real Estate Brokers Buy FormInstruction 17.3
- Enforceability of Preliminary Agreements Regarding the Purchase and Sale of Real Estate Buy FormInstruction 17.4
- Title Insurance Buy FormInstruction 17.5
- Adverse Possession Buy FormInstruction 17.6
- Prescriptive Easements Buy FormInstruction 17.7
- Survey and Boundary Disputes Buy FormInstruction 17.8
- Condominium Disputes—Introduction Buy FormChapter 18 expandProfessional Malpractice
Buy ChapterInstruction 18.1
- Introduction Buy FormInstruction 18.10
- Statute of Limitations Buy FormInstruction 18.11
- Ethics Violations Buy FormInstruction 18.12
- Accounting Malpractice Buy FormInstruction 18.13
- Architects and Engineers Buy FormInstruction 18.14
- Statute of Limitations and Statute of Repose Buy FormInstruction 18.2
- Elements of Claim—Overview Buy FormInstruction 18.3
- Attorney-Client Relationship Buy FormInstruction 18.4
- Vicarious Liability Buy FormInstruction 18.5
- Burden of Proof Buy FormInstruction 18.6
- Negligence Buy FormInstruction 18.7
- Causation Buy FormInstruction 18.8
- Damages Buy FormInstruction 18.9
- Requirement of Expert Testimony Buy FormChapter 19 expandCivil Rights Actions
Buy ChapterInstruction 19.1
- Introduction Buy FormInstruction 19.2
- Federal Civil Rights Actions—42 U.S.C. § 1983 Buy FormInstruction 19.3
- Massachusetts Civil Rights Actions—Introduction Buy FormInstruction 19.4
- Statement of the Claim Buy FormInstruction 19.5
- Protected Rights Buy FormInstruction 19.6
- Damages Buy FormChapter 20 expandMisrepresentation
Buy ChapterInstruction 20.1
- Intentional Misrepresentation (Fraud/Deceit)—Elements Buy FormInstruction 20.2
- Negligent Misrepresentation—Elements Buy FormInstruction 20.3
- Negligent Misrepresentation Committed in the Process of Supplying Information for the Guidance of Others [Plaintiff Not in Privity with Defendant] Buy FormChapter 21 expandAbuse of Process
Buy ChapterChapter 22 expandMalicious Prosecution
Buy ChapterChapter 23 expandFalse Imprisonment and False Arrest
Buy ChapterChapter 24 expandChapter 25 expandSubmitting the Case to the Jury
Buy ChapterInstruction 25.1
- Introduction Buy FormInstruction 25.2
- When the Judge Will Instruct the Jury About the Law Buy FormInstruction 25.3
- Proposed Instructions Buy FormInstruction 25.4
- Special Verdict Forms Buy FormInstruction 25.5
- Charge Conference Buy FormInstruction 25.6
- Charging the Jury Buy FormInstruction 25.7
- Deliberations and Verdict Buy Form - Editors & Authors