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MAI - Battery, Assault, False Imprisonment, Malicious Prosecution

{Note: Selection of the proper form and its use and modification to suit individual facts and circumstances requires careful review of all the language by the user. Some of the forms provided are for illustrative purposes only; therefore, they do not contain {}.}

{23.01 [1981 Revision] Verdict Directing-Assault}

Your verdict must be for plaintiff if you believe:

First, defendant {here describe act such as "pointed a gun at plaintiff"}

with the intent to cause plaintiff {or if some other person here describe such person} 

{offensive contact} {bodily harm} {apprehension of offensive contact} {apprehension of bodily harm},

and

Second, defendant thereby caused plaintiff to be in apprehension of {bodily harm} {offensive contact}.

 

{unless you believe plaintiff is not entitled to recover by reason of Instruction Number {here insert number of affirmative defense instruction}}.

{23.02 [1990 Revision] Verdict Directing-Battery}

Your verdict must be for plaintiff if you believe:

First, defendant intentionally {here describe act such as "struck"} plaintiff, and

Second, defendant thereby caused plaintiff bodily harm.

{unless you believe that plaintiff is not entitled to recover by reason of Instruction Number {here insert number of affirmative defense instruction}}.

 

{23.03 [1965 New] Verdict Directing-Battery-Intent to Induce Apprehension}

Your verdict must be for plaintiff if you believe:

First, defendant with the intent to place plaintiff {or if intention was directed to some other person, substitute that person's name for plaintiff} 

in apprehension of bodily harm {here describe acts such as "struck plaintiff"}, and

Second, defendant thereby caused plaintiff bodily harm.

{unless you believe that plaintiff is not entitled to recover by reason of Instruction Number {here insert number of affirmative defense instruction}}.

{23.04 [1983 Revision] Verdict Directing-False Imprisonment}

Your verdict must be for plaintiff if you believe:

Defendant intentionally {restrained} {instigated the restraint of} plaintiff against his will.

{unless you believe plaintiff is not entitled to recover by reason of Instruction Number {here insert number of affirmative defense instruction}}.

{23.07 [1980 Revision] Verdict Directing-Malicious Prosecution-For Initiating Criminal or Civil Actions}

Your verdict must be for plaintiff if you believe:

First, defendant instigated a judicial proceeding against plaintiff which terminated in favor of plaintiff, and

Second, in so doing defendant acted maliciously and without reasonable grounds, and

Third, plaintiff was thereby damaged.

{unless you believe that plaintiff is not entitled to recover by reason of Instruction Number {here insert number of affirmative defense instruction}}.

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