NDJI Civil - Index accidents   No Inference of Fault From an Incident or Injury 2.86 Serious Injury – Definition 3.70 Negligent Infliction of Emotional Distress for the Safety of Another 20.65 Presumption of Ordinary Care (Death Case) 80.62 adjoining landowners   Roadways, Streets, and Sidewalks – Duty of State or Political Subdivisions 16.00 [Lack] [Impairment] of Access After Taking 75.14 Controlled-Access Facility Defined 75.28 admissions   Oral Admission Viewed With Caution 80.06 advice of counsel   Advice of Counsel 2.40 False Imprisonment 11.00 Definition of Probable Cause (Malicious Prosecution) 13.20 agents and agencies   Family Car Doctrine 3.16 Obviously Intoxicated Person Defined 5.10 Duty of Insurance Agent 19.00 Waiver 50.26 Agency 55.01 Agent's Authority is Either Actual or Apparent 55.02 Ratification 55.04 Agent Represents Principal 55.06 Apparent Agency - Basis of Authority 55.08 Negligence of Agent Chargeable to Principal 55.12 Alternative Findings (Negligence Action - Disputed Agency) (Illustration) 55.14 Joint Ventures 55.20 Independent Contractor - Distinction 55.25 Partnership 55.40 Liability of a Partner 55.45 Ostensible Partner 55.50 alcoholic beverages   Voluntary Intoxication 2.25 Under the Influence of Intoxicant (Driver of Motor Vehicle) 3.05 Dram Shop Liability 5.00 Obviously Intoxicated Person Defined 5.10 Sale of Alcoholic Beverages to a Person Under 21 Years of Age 5.20 animals   Animals Known to be Vicious 6.00 Landlord Liability for Animals Known to be Vicious 6.40 Presumption of Ownership From Brand 80.64 assault   Assault 12.00 Justifiable Response to Assault 12.05 assumption of risk   Assumption of Risk 2.75 Definition of "Fault" 2.80 attorneys - see lawyers   automobiles - see motor vehicles   bailment   Bailment for Mutual Benefit or for Hire 52.00 Implied Warranty of Bailor 52.05 Warranty of Bailor Limited 52.08 battery   Battery 12.10 bias or prejudice   Fair Treatment Under the Law 85.15 breach of contract - see contracts   burden of proof   Burden of Proof - Greater Weight of the Evidence 1.40 Burden of Proof - Clear and Convincing Evidence 1.41 Meaning of "Find" 1.50 Undue Influence - Burden of Proof 40.20 Contracts - Consideration 50.18 Agency - Burden of Proof 55.10 Burden of Proving Damages 70.06 business   Duty of Owner, Occupant, or Lessor of Premises 17.08 Unlawful Interference with Business 24.10 bystanders   Negligent Infliction of Emotional Distress for the Safety of Another 20.65 causation   Proximate Cause 2.15 charge to jury   [Title Page and Nature of Case](Illustration) 1.01 Instruction References 1.02 Multiple Defendants 1.11 Statements by Counsel and Judge 85.01 Duty to Accept Law From Court 85.10 Fair Treatment Under the Law 85.15 Deliberations and Conduct of Jury in Retirement 85.20 Sealed Verdict 85.30 Duty of the Jury/Deadlocked Jury [Allen Charge] 85.70 children and minors   Measure of Duty of Minor to Exercise Care 2.20 Dram Shop Liability 5.00 Sale of Alcoholic Beverages to a Person Under 21 Years of Age 5.20 Duty of Care Owed by School Authorities 16.18 Premises Dangerous to Child 17.30 Elements of Damages (Wrongful Death) 70.38 Proof of Damages (Wrongful Death) 70.45 clear and convincing evidence   Burden of Proof - Clear and Convincing Evidence 1.41 closing instructions - see charge to jury   common carriers   Duty of Carrier (Passengers) 52.20 Duty of Carrier (Property) 52.25 comparative fault - see fault   compensatory damages - see damages   conditions precedent - see contracts   conditions subsequent - see contracts   conspiracy   Civil Conspiracy 7.00 contracts   Intentional Interference With Contract 24.00 Contract Defined 50.01 Contract - Parties 50.02 Contract - Third Party Beneficiary 50.04 Contract - Object 50.06 Contract - Express or Implied 50.08 Contracts - Oral and Written 50.10 Contracts - Mutual Consent 50.12 Contracts - Acceptance 50.14 Contracts - Revocation 50.16 Contracts - Consideration 50.18 Contracts - Modification 50.20 Contracts - Conditions Precedent, Concurrent, or Subsequent 50.22 Contract - Interpretation 50.24 Waiver 50.26 Unintentional Misrepresentation - Contract 50.32 Constructive Fraud 50.34 Contract - Breach 50.50 Bailment for Mutual Benefit or for Hire 52.00 Measure of Damages (Contracts in General) 74.00 Value of Property to Seller 74.02 Value of Property to [Buyer][Owner] 74.04 Loss of Profits as Damages 74.06 Duty to Avoid or Minimize Damages 74.25 conversion   Conversion 7.10 Damages for Conversion of Personalty 70.56 When Peculiar Value to Person Deemed Value 70.60 Verdict for Plaintiff - Conversion - Exemplary Damages (Illustration) 90.30 cross reference   cross-claim   [Counterclaim] [Cross-Claim] [Third-Party Claim] 1.20 crosswalks   Duty of Pedestrian Crossing Roadway in Crosswalk 16.14 Duty of Pedestrian Crossing Roadway - No Crosswalk 16.15 damages   Malice 2.30 Definition of "Fault" 2.80 Comparative Fault 2.82 Under the Influence of Intoxicant (Driver of Motor Vehicle) 3.05 Serious Injury – Definition 3.70 Legal Negligence (Proximate Cause - Damages) 15.20 Damages (In General) 70.01 Damages (Liability Admitted) 70.02 Damages Defined 70.04 Burden of Proving Damages 70.06 Adequate Compensation (Tort) 70.10 Damages - Aggravation of Pre-existing Condition 70.22 Aggravation of Pre-existing Condition 70.24 Condition Unrelated to Defendant's Wrongdoing 70.26 Workmen's Compensation Benefits 70.30 Elements of Damages (Personal Injury, NDCC 32-03.2-04) 70.35 Elements of Damages (Wrongful Death) 70.38 Proof of Damages (Wrongful Death) 70.45 Life Expectancy (Wrongful Death) 70.47 Life Expectancy (Personal Injury) 70.50 Damages for Future Detriment Reduced to Present Worth 70.52 Measure of Damages (Wrongful Detention) 70.54 Damages for Conversion of Personalty 70.56 Reasonable Value or Fair Market Value 70.58 When Peculiar Value to Person Deemed Value 70.60 Measure of Damages [False Imprisonment] [Malicious Prosecution] 70.62 Exemplary Damages Not Allowable 70.65 Exemplary or Punitive Damages 72.00 Exemplary Damages - Compensatory Damages Required 72.02 Exemplary Damages (Products Liability) 72.04 Exemplary Damages (Impaired Driver) 72.05 Oppression 72.10 Fraud as a Basis for Exemplary Damage 72.12 Actual Malice 72.16 Measure of Damages (Benefit of the Bargain) 73.00 Measure of Damages (Contracts in General) 74.00 Value of Property to Seller 74.02 Value of Property to [Buyer][Owner] 74.04 Loss of Profits as Damages 74.06 Value of Attorney's Services 74.12 Elements of Damages (Miscellaneous) 74.20 Duty to Avoid or Minimize Damages 74.25 Interest on Damages 74.60 Special Verdict Form 90.56 dangerous conditions   Momentary Forgetfulness of Danger 2.76 Sudden Emergency 2.77 Unsafe Conditions of Premises 17.05 Duty of Owner, Occupant, or Lessor of Premises 17.08 Duty of Possessor to Lawful Entrant - Injury Caused by Condition of Premises 17.10 Duty to Trespasser 17.20 Premises Dangerous to Child 17.30 deceit   Deceit 8.00 Puffing or Sales Talk 8.10 defamation   Defamation 9.00 Libel 9.10 Slander 9.20 Privileged Communication - Qualified Privilege 9.30 Publication 9.40 defendant   Multiple Defendants 1.11 Party Acting as Own Attorney 1.52 deliberations   Sale of Alcoholic Beverages to a Person Under 21 Years of Age 5.20 depositions - see evidence   discrimination   Sex Discrimination (Hostile Work Environment) 22.10 dogs - see animals   dram shop act   Definition of "Fault" 2.80 Dram Shop Liability 5.00 Obviously Intoxicated Person Defined 5.10 Sale of Alcoholic Beverages to a Person Under 21 Years of Age 5.20 Knowingly (Dram Shop) 5.30 driving - see motor vehicle   Evidence of Compliance or Non-Compliance With Statute 2.06 Operation of Motor Vehicle (General Care Required) 3.01 Operation of a Motor Vehicle (Impaired Driver) 3.03 Under the Influence of Intoxicant (Driver of Motor Vehicle) 3.05 Exemplary Damages (Impaired Driver) 72.05 driving under influence of intoxicant   Operation of a Motor Vehicle (Impaired Driver) 3.03 Under the Influence of Intoxicant (Driver of Motor Vehicle) 3.05 Exemplary Damages (Impaired Driver) 72.05 duties of jury - see jury   economic damages   Elements of Damages (Personal Injury, NDCC 32-03.2-04) 70.35 emergency vehicles   Class B Authorized Emergency Vehicles 3.54 eminent domain   Eminent Domain 75.01 Purpose of Taking 75.02 Propriety of Taking Not in Issue 75.03 Burden of Proof (Eminent Domain) 75.04 Just Compensation for Property Taken 75.05 Severance Damages 75.10 Damage to Business 75.12 [Lack] [Impairment] of Access After Taking 75.14 When Right to [Compensation] [and] [Damages] Accrues 75.16 Limitation of Award 75.18 Consequential Damages 75.20 Allowance for Benefit 75.22 Cost of Moving Personal Property 75.24 Evidence of Similar Sales Restricted 75.26 Controlled-Access Facility Defined 75.28 Attorney's Fee and Costs in Eminent Domain 75.30 Verdict Awarding Compensation and Damages in Eminent Domain (Illustration) 90.35 emotional distress   Infliction of Emotional Distress 20.00 Severe Defined 20.10 Extreme and Outrageous Conduct Defined 20.15 Effect of Relationship of Parties 20.20 Susceptibility of Plaintiff 20.30 Intentional and Reckless Defined 20.40 Permissible Conduct 20.50 Negligent Infliction of Emotional Distress for the Safety of Another 20.65 Negligent Infliction of Emotional Distress for Plaintiff’s Own Safety 20.66 employees   Duty of Train Employees - Right-of-Way 3.62 Duty of Train Employees – Backing Movements 3.64 evidence   Burden of Proof - Clear and Convincing Evidence 1.41 Evidence of Compliance or Non-Compliance With Statute 2.06 Exemplary or Punitive Damages 72.00 Evidence of Similar Sales Restricted 75.26 Weight and Credibility 80.01 Impeachment 80.02 Testimony of Expert 80.05 Oral Admission Viewed With Caution 80.06 Testimony of Landowner 80.08 [Audio-Visual] Depositions 80.10 Interrogatories 80.12 Failure to Produce [Evidence][Witness] 80.30 Number of Witnesses 80.32 Proof of Fact by Testimony of Single Witness 80.34 View of Premises 80.40 Direct and Circumstantial Evidence 80.50 Matters of Common Knowledge and Science 80.52 Res Ipsa Loquitur 80.54 Insurance Admonition 80.56 Presumption 80.60 Presumption of Ordinary Care (Death Case) 80.62 Presumption of Ownership From Brand 80.64 Presumption of Fair Market Value (Deficiency Judgment) 80.66 Intent 80.70 exemplary damages   Malice 2.30 Under the Influence of Intoxicant (Driver of Motor Vehicle) 3.05 Measure of Damages [False Imprisonment] [Malicious Prosecution] 70.62 Exemplary Damages Not Allowable 70.65 Exemplary or Punitive Damages 72.00 Exemplary Damages - Compensatory Damages Required 72.02 Exemplary Damages (Products Liability) 72.04 Exemplary Damages (Impaired Driver) 72.05 Oppression 72.10 Fraud as a Basis for Exemplary Damage 72.12 Actual Malice 72.16 expert witness   Evidence of Similar Sales Restricted 75.26 Testimony of Expert 80.05 false imprisonment   Advice of Counsel 2.40 False Imprisonment 11.00 Instigation of False Imprisonment 11.30 Measure of Damages [False Imprisonment] [Malicious Prosecution] 70.62 fault   Proximate Cause 2.15 Momentary Forgetfulness of Danger 2.76 Definition of "Fault" 2.80 Comparative Fault 2.82 Accident-Causing Fault and Injury-Causing Fault 2.84 No Inference of Fault From an Incident or Injury 2.86 Special Verdict - Comparative Negligence (Illustration) 90.50 Special Verdict - Products Liability - Comparative Causation 90.55 firefighter   Obedience to Police Officer or Firefighter 3.24 fraud   Constructive Fraud 50.34 gifts - see wills and gifts   Omitted Spouse 40.01 Disposition of Property by Will - General Considerations 40.10 Undue Influence - Burden of Proof 40.20 Undue Influence - Essential Elements 40.25 Previous Proceedings 40.30 Findings - Validity of Will (Undue Influence) 40.35 Gift of Personal Property 40.40 Verdict Invalidating Will (Illustration) 90.25 Verdict Upholding Will (Illustration) 90.26 gross negligence   Gross Negligence Defined (Good Samaritan Act) 2.10 Voluntary Intoxication 2.25 highways and roadways   Sudden Emergency 2.77 Operation of Motor Vehicle (General Care Required) 3.01 Operation of Motor Vehicle (Speed Restrictions) 3.02 Operation of a Motor Vehicle (Impaired Driver) 3.03 Right-of-Way at Intersection 3.18 Left Turn at Intersection 3.20 Traffic Control Devices 3.28 Highway Protected by "Yield" Sign 3.30 Highway Protected by "Stop" Sign 3.32 Pedestrian Control Signals 3.34 Stopping Vehicle on Roadway 3.40 Drive on Right Side of Roadway - Exceptions 3.42 Passing Vehicles Proceeding in Opposite Directions 3.44 Limitations on Overtaking on Left 3.50 Further Limitations on Driving on Left of Center of Roadway 3.52 Entering Expressway - Right-of-Way 3.56 Duty of Train Employees - Right-of-Way 3.62 Drainage Along Highways (Maintenance) 10.30 Drainage Along Highways (Construction or Reconstruction) 10.35 Roadways, Streets, and Sidewalks – Duty of State or Political Subdivisions 16.00 Notice to State or Political Subdivision (Roadways, Streets, and Sidewalks) 16.05 Liability of Municipality for Damages Caused by [Snow and Ice] [Frost or Loose Snow] on [Sidewalk] [Crosswalk] 16.10 Pedestrian - General Duty 16.11 Duty of Pedestrian - Traffic Control Devices 16.13 Duty of Pedestrian Crossing Roadway in Crosswalk 16.14 Duty of Pedestrian Crossing Roadway - No Crosswalk 16.15 Purpose of Taking 75.02 Propriety of Taking Not in Issue 75.03 Controlled-Access Facility Defined 75.28 husband and wife - see spouse   impeachment   Impeachment 80.02 implied contracts   Contract - Express or Implied 50.08 independent contractors   Independent Contractor - Distinction 55.25 inference   Intentional Interference With Contract 24.00 Presumption 80.60 informed consent   Physician's Duty to Disclose (Informed Consent) 14.20 insurance   Duty of Insurance Agent 19.00 Claim Under Non-owned Automobile Provision of Insurance Policy 52.40 Insurance Admonition 80.56 intent   Intent 80.70 interrogatories   Impeachment 80.02 Interrogatories 80.12 Interrogatories to Jury (Illustration) 90.60 intersections   Right-of-Way at Intersection 3.18 Left Turn at Intersection 3.20 Highway Protected by "Yield" Sign 3.30 Highway Protected by "Stop" Sign 3.32 intoxication - see alcoholic beverages   invasion of privacy   Invasion of Privacy 9.50 joint liability   Acting in Concert 2.17 Civil Conspiracy 7.00 Liability of a Partner 55.45 joint ventures   Joint Ventures 55.20 judges   [Title Page and Nature of Case](Illustration) 1.01 Instruction References 1.02 Obviously Intoxicated Person Defined 5.10 Statements by Counsel and Judge 85.01 Fair Treatment Under the Law 85.15 Deliberations and Conduct of Jury in Retirement 85.20 Sealed Verdict 85.30 Duty of the Jury/Deadlocked Jury [Allen Charge] 85.70 jury   [Title Page and Nature of Case](Illustration) 1.01 Instruction References 1.02 Multiple Defendants 1.11 Note Taking by Jurors 1.55 Elements of Damages (Personal Injury, NDCC 32-03.2-04) 70.35 Statements by Counsel and Judge 85.01 Duty to Accept Law From Court 85.10 Fair Treatment Under the Law 85.15 Deliberations and Conduct of Jury in Retirement 85.20 Sealed Verdict 85.30 Duty of the Jury/Deadlocked Jury [Allen Charge] 85.70 Assisting Jurors at Impasse 85.75 Interrogatories to Jury (Illustration) 90.60 knowledge   Matters of Common Knowledge and Science 80.52 landlord and tenant   Landlord/Tenant Common Area - Duty 17.00 Unsafe Conditions of Premises 17.05 Duty of Owner, Occupant, or Lessor of Premises 17.08 Duty of Possessor to Lawful Entrant - Injury Caused by Condition of Premises 17.10 Duty to Trespasser 17.20 Premises Dangerous to Child 17.30 lawyers   Party Acting as Own Attorney 1.52 Legal Negligence (Elements) 15.00 Legal Negligence (Lawyer's Standard of Care) 15.15 Legal Negligence (Proximate Cause - Damages) 15.20 Value of Attorney's Services 74.12 Statements by Counsel and Judge 85.01 legal entities - see agents and agencies   libel and slander - see defamation   life expectancy   Life Expectancy (Wrongful Death) 70.47 Life Expectancy (Personal Injury) 70.50 liquor - see alcoholic beverages   malice   Malice 2.30 Advice of Counsel 2.40 Actual Malice