Texas Pattern Jury Charges — General Negligence & Intentional Personal Torts

Texas Pattern Jury Charges - General NegligenceTexas Pattern Jury Charges—General Negligence & Intentional Personal Torts (2012 ed.)
- By State Bar Committee on Pattern Jury Charges
- 1 volume; softbound
- Instant Download! All contents available immediately via electronic version
- Copyright ©2012
- 304 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.

The new 2012 edition identifies and responds to changes in the law in terms of both supreme court decisions and legislative enactments. Featuring new chapters relating to nuisance and preservation of charge error, the new version also provides revisions to existing instructions and comments.

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.

View other volumes in our Texas Pattern Jury Charges series.

CONTENTS

PREFACE
PREFACE TO THE 2012 EDITION
CHANGES IN THE 2012 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 Parallel Theories on Damages

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

[Chapter 11 is reserved for expansion.]

CHAPTER 12 NUISANCE ACTIONS

PJC 12.1 Nuisance Actions Generally—When to Apply (Comment)
PJC 12.2  Private Nuisance
PJC 12.3  Public Nuisance
PJC 12.4 Nature of Nuisance—Permanent or Temporary
PJC 12.5  Damages in Nuisance Actions

[Chaper 13 is reserved for expansion.]

CHAPTER 14 DEFENSES

PJC 14.1 Limitations—Tolling by Diligence in Service

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

CHAPTER 19 PRESERVATION OF CHARGE ERROR

PJC 19.1 Preservation of Charge Error (Comment)

APPENDIX
STATUTES AND RULES CITED
CASES CITED
SUBJECT INDEX
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