Oregon Uniform Civil Jury Instructions

Transcription

1 Completely Revised! Oregon Uniform Civil Jury Instructions 2005 Revision With Oregon Uniform Civil Jury Instructions you will: Always be prepared for trial with up-to-date and customizable jury instructions. Save time by using instructions already drafted by the experts. Represent your clients with confidence using the comments to the jury instructions for background research. Prepared by the Oregon State Bar Committee on Uniform Civil Jury Instructions.

2 The outside looks the same, but inside is a completely revised book with amended and new instructions and comments. With this revision, the Committee has reviewed every instruction to ensure it is an accurate statement of the law. In the process, many instructions were amended, a few new ones were added, and a number of outdated instructions were withdrawn. We ve improved the format so that each instruction starts on a new page. This format will make instructions easier to use and the book easier to supplement. But we ve also kept the features that you like best, including: Instructions written in language intended to be understood by the typical juror Comments and caveats from the Committee Citations to relevant case law and statutes Helpful cross-references to other instructions Forms on disk of all instructions so you can easily customize them New and amended instructions include: Pleadings as Evidence (New) Disability Discrimination Record of Impairment (New) Disability Discrimination Reasonable Accommodation Examples (New) Workers Compensation Discrimination Statute of Limitations (Products Liability) Guest Passenger Aircraft, Watercraft Intentional Infliction of Severe Emotional Distress Probable Cause Advice of Counsel Probable Cause Hypothetical Fraudulent Misrepresentation/Deceit/Fraud General Fraudulent Misrepresentation Statement of Opinion Definition of Invitee

3 Oregon Uniform Civil Jury Instructions 2005 Revision Contents CAUTIONARY 5. General Cautionary Instructions GENERAL INSTRUCTIONS 10. Evidence Weight Witnesses 11. Admissions 12. Failure to Produce or Testify 13. Issues in the Case 14. Burden of Proof 15. Admitted Liability 16. Ability to Pay 17. Statutes of Limitations NEGLIGENCE, FORESEEABILITY, COMPARATIVE NEGLIGENCE, AND CAUSATION 20. Negligence and Ordinary Care 21. Comparative Negligence 22. Specific Factors Affecting Negligence and Comparative Negligence 23. Causation 24. Res Ipsa Loquitur AGENCY 30. Agency MOTOR VEHICLES 35. Rules of the Road 36. Guest Passenger, Joint Enterprise MISCELLANEOUS TORTS 40. Intentional Torts 41. Malicious Prosecution 42. Fraud 43. Unlawful Trade Practices 44. Medical Malpractice 45. Legal Malpractice 46. Premises Liability 47. Liquor Liability (Statutory Liability) 48. Products Liability 49. Negligent Misrepresentation 50. Fiduciary Duty 51. Trade Secrets

4 EMPLOYMENT ACTIONS 54. Wage Claims 55. Employer Liability Act ORS Chapter Wrongful Discharge 57. Interference with the Employment Contract 58. Workers Compensation Discrimination 59. Disability Discrimination CONDEMNATION 60. Condemnation CONTRACTS 65. Commercial Law Contracts 66. Uniform Commercial Code Contracts 67. Uniform Commercial Code Warranties DAMAGES 70. Damages to Persons and Property 71. Wrongful Death 72. Injury to Spouse 73. Mitigation 74. Future Damages Length of Time Damages Will Continue Discount of Damages Mortality Tables 75. Punitive Damages 76. Apportionment of Damages LANDLORD-TENANT 80. Residential Landlord-Tenant VERDICTS 90. Verdicts Oregon Uniform Civil Jury Instructions are prepared by the Oregon State Bar Committee on Uniform Civil Jury Instructions. Many hours have been volunteered by Committee members to provide the Oregon lawyer and judge with a standard, reliable, and accurate statement of the law on a particular point. RETURN POLICY: Returns with receipt (picking list) are accepted within 30 days from the shipping date. Defective products will be replaced. Full refund for books with no visible marks, creases, etc. Full refund for unopened CD-ROMs, audio, and video products; 50% credit for like-product if seals are broken. Please send to OSB, Attention: Returns, 5200 SW Meadows Road, Lake Oswego, Oregon Questions? Call ; toll-free in Oregon , ext FORMS-ON-DISK POLICY: Purchase of this product includes forms on disk licensed to one attorney user. Additional licenses may be purchased for $45 each, either on the order form or at a later time. If you would like to review the license agreement before purchasing additional licenses, please contact the CLE Publications Department at or visit our Web site at

5 Order Form Oregon Uniform Civil Jury Instructions Name Bar # Firm Name Phone Shipping Address (No PO Box) City State Zip Code BOOK FORMAT WITH FORMS ON DISK vol. without binder (with forms on disk) [555.KB] $ $ Early-bird price (before Jan. 6, 2006) [555.KB] $ $ vol. with binder and forms on disk [555.KT] $ $ Early-bird price (before Jan. 6, 2006) [555.KT] $ $ *CD-ROM FORMAT WITH SEARCH ENGINE vol. (forms included) [555.CD] $ $ Early-bird price (before Jan. 6, 2006) [555.CD] $ $ (Note: Print version NOT included with CD-Rom) 3 ADDITIONAL LICENSES FOR FORMS ON DISK 2005 forms on disk additional user license [417510B.CW] $ $ * Minimum system requirements: Windows 95 or newer; 486 processor; 32 MB of RAM; 20 MB available hard disk space. Subtotal: $ Shipping and handling fee: $ 7.00 TOTAL ORDER: $ WB PAYMENT OPTIONS: Check Enclosed: Payable to Oregon State Bar Please Bill: Customer No. Credit Card (VISA & MasterCard Only) All the information below is required when paying by credit card. Credit Card Number Expiration Date Name on Credit Card (Please Print) Credit Card Billing Address City State Zip Code Authorized Signature FOUR WAYS TO ORDER: 1. ONLINE: Order online with a credit card at our secure bookstore at 2. MAIL: Mail order with payment to: Oregon State Bar Service Desk, PO Box 1689, Lake Oswego, Oregon FAX: Fax this page, including credit card information, to the Service Desk at (503) To avoid duplicate orders, do NOT mail a copy. 4. PHONE: Call the Service Desk at (503) , or toll-free in Oregon , ext Please allow two weeks for normal delivery for all order methods Oregon State Bar