Texas Pattern Jury Charges — General Negligence & Intentional Personal Torts
Texas Pattern Jury Charges—General Negligence & Intentional Personal Torts (2010 ed.)
- By State Bar Committee on Pattern Jury Charges
- 1 volume; softbound
- Instant Download! All contents available immediately via electronic version
- Copyright ©2010
- 270 Pages
- $125.00
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Texas Pattern Jury Charges—General Negligence & Intentional Personal Torts is intended to assist the bench and bar in preparing the court’s charge in jury cases. It provides definitions, instructions, and questions needed to submit jury charges in actions arising from general negligence and intentional personal torts. The pattern charges are suggestions and guides to be used by a trial court if they are applicable and proper in a specific case.
Texas Pattern Jury Charges—General Negligence & Intentional Personal Torts digital product contains the entire book as a hyperlinked and word-searchable PDF file. All charge language is included as RTF files linked to the comments for quick retrieval and assembly of jury charges. Texas case citations are linked an online version of the Casemaker Web Library. Texas statute citations are linked to the main code section cited via Casemaker online.
The 2010 edition of Texas Pattern Jury Charges—General Negligence & Intentional Personal Torts includes the following changes from the 2008 edition:
- Admonitory Instructions—new PJC on jurors’ use of electronic technology
- Revised definition and comment on proximate cause
- Revised definition and comment on new and independent cause
- New chapter on defenses and a new PJC on limitations—tolling by diligence in service
- Negligent entrustment—revised comment on proximate cause of entrustor
- Damages questions—new prefatory language to instructions
- Damages to minor child—revised question and comments
View other volumes in our Texas Pattern Jury Charges series.
TABLE OF CONTENTS
PREFACE
PREFACE TO THE 2010 EDITION
CHANGES IN THE 2010 EDITION
INTRODUCTION
CHAPTER 1 ADMONITORY INSTRUCTIONS
PJC 1.1 Instructions to Jury Panel before Voir Dire Examination
PJC 1.2 Instructions to Jury after Jury Selection
PJC 1.3 Charge of the Court
PJC 1.4 Additional Instruction for Bifurcated Trial
PJC 1.5 Instructions to Jury after Verdict
PJC 1.6 Instruction to Jury If Permitted to Separate
PJC 1.7 Instruction If Jury Disagrees about Testimony
PJC 1.8 Circumstantial Evidence (Optional)
PJC 1.9 Instructions to Deadlocked Jury
PJC 1.10 Privilege—No Adverse Inference
PJC 1.11 Instructions on Jurors’ Note-Taking (Comment)
PJC 1.12 Parallel Theories on Damages
PJC 1.13 Instructions on Jurors’ Use of Electronic Technology (Comment)
CHAPTER 2 BASIC DEFINITIONS IN NEGLIGENCE ACTIONS
PJC 2.1 Negligence and Ordinary Care
PJC 2.2 High Degree of Care
PJC 2.3 Child’s Degree of Care
PJC 2.4 Proximate Cause
CHAPTER 3 INFERENTIAL REBUTTAL INSTRUCTIONS
PJC 3.1 New and Independent Cause
PJC 3.2 Sole Proximate Cause
PJC 3.3 Emergency
PJC 3.4 Unavoidable Accident
PJC 3.5 Act of God
CHAPTER 4 BASIC NEGLIGENCE QUESTIONS
PJC 4.1 Broad Form—Joint Submission of Negligence and Proximate Cause
PJC 4.2 Standards for Recovery of Exemplary Damages
PJC 4.3 Proportionate Responsibility
PJC 4.4 Proportionate Responsibility If Contribution Defendant Is Joined
CHAPTER 5 NEGLIGENCE PER SE
PJC 5.1 Negligence Per Se and Common-Law Negligence
PJC 5.2 Negligence Per Se and Common-Law Negligence—Excuse
PJC 5.3 Negligence Per Se—Simple Standard—Broad Form
PJC 5.4 Negligence Per Se—Complex Standard
PJC 5.5 Statutory Dramshop Liability
PJC 5.6 Defense to Respondeat Superior Liability under Statutory Dramshop Act or Common Law
CHAPTER 6 INTENTIONAL PERSONAL TORTS
PJC 6.1 False Imprisonment—Question
PJC 6.2 False Imprisonment—Instruction on Unlawful Detention by Threat
PJC 6.3 False Imprisonment—Instruction on Defense of Privilege to Investigate Theft
PJC 6.4 Malicious Prosecution
PJC 6.5 Intentional Infliction of Emotional Distress
PJC 6.6 Assault and Battery
[Chapters 7–9 are reserved for expansion.]
CHAPTER 10 AGENCY AND SPECIAL RELATIONSHIPS
PJC 10.1 Employee
PJC 10.2 Borrowed Employee—Liability of Borrowing Employer
PJC 10.3 Borrowed Employee—Lending Employer’s Rebuttal Instruction
PJC 10.4 Borrowed Employee—Disjunctive Submission of Liability of Lending or Borrowing Employer PJC 10.5 Employment as Defense under Workers’ Compensation Act
PJC 10.6 Scope of Employment
PJC 10.7 Deviation
PJC 10.8 Independent Contractor
PJC 10.9 Independent Contractor by Written Agreement
PJC 10.10 Respondeat Superior—Nonemployee
PJC 10.11 Joint Enterprise
PJC 10.12 Negligent Entrustment—Reckless, Incompetent, or Unlicensed Driver
PJC 10.13 Negligent Entrustment—Defective Vehicle
PJC 10.14 Imputing Gross Negligence or Malice to a Corporation
[Chapters 11–13 are reserved for expansion.]
CHAPTER 14 DEFENSES
PJC 14.1 Limitations—Tolling by Diligence in Service . . . . . . . . . . . . . . . . 115
CHAPTER 15 PERSONAL INJURY DAMAGES
PJC 15.1 Personal Injury Damages—Instruction Conditioning Damages Questions on Liability
PJC 15.2 Personal Injury Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 15.3 Personal Injury Damages—Basic Question
PJC 15.4 Personal Injury Damages—Injury of Spouse
PJC 15.5 Personal Injury Damages—Injury of Minor Child
PJC 15.6 Personal Injury Damages—Parents’ Loss of Services of Minor Child
PJC 15.7 Personal Injury Damages—Exemplary Damages
PJC 15.8 Personal Injury Damages—Exclusionary Instruction for Other Condition
PJC 15.9 Personal Injury Damages—Exclusionary Instruction for Preexisting Condition That Is Aggravated
PJC 15.10 Personal Injury Damages—Exclusionary Instruction for Failure to Mitigate
PJC 15.11 Personal Injury Damages—Child’s Loss of Consortium—Question about Parent’s Injury
PJC 15.12 Personal Injury Damages—Child’s Loss of Consortium—Damages Question
CHAPTER 16 WRONGFUL DEATH DAMAGES
PJC 16.1 Wrongful Death Damages—Instruction Conditioning Damages Questions on Liability
PJC 16.2 Wrongful Death Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 16.3 Wrongful Death Damages—Claim of Surviving Spouse
PJC 16.4 Wrongful Death Damages—Claim of Surviving Child
PJC 16.5 Wrongful Death Damages—Claim of Surviving Parents of Minor Child
PJC 16.6 Wrongful Death Damages—Claim of Surviving Parents of Adult Child
PJC 16.7 Wrongful Death Damages—Exemplary Damages
PJC 16.8 Wrongful Death Damages—Apportionment of Exemplary Damages
CHAPTER 17 SURVIVAL DAMAGES
PJC 17.1 Survival Damages—Instruction Conditioning Damages Questions on Liability
PJC 17.2 Survival Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 17.3 Survival Damages—Compensatory Damages
PJC 17.4 Survival Damages—Exemplary Damages
CHAPTER 18 PROPERTY DAMAGES
PJC 18.1 Property Damages—Instruction Conditioning Damages Questions on Liability
PJC 18.2 Property Damages—Instruction on Whether Compensatory Damages Are Subject to Income Taxes—Actions Filed on or after September 1, 2003
PJC 18.3 Property Damages—Market Value before and after Occurrence
PJC 18.4 Property Damages—Cost of Repairs and Loss of Use of Vehicle
APPENDIX
STATUTES AND RULES CITED
CASES CITED
SUBJECT INDEX
DIGITAL PRODUCT DOCUMENTATION
