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CHARGE 5.71 ―Page 9 of 12 5.71 TAVERN KEEPERS SERVING MINORS AND INTOXICATED PERSONS (3/10) NOTE TO JUDGE These instructions are designed for cases arising under the Licensed Server Liability Act , N.J.S.A. 2A:22A-1 et seq. (“Act”). The instructions in …
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Charge 5.72 CHARGE 5.72 ― Page 3 of 3 5.72 NEGLIGENCE — PROPRIETOR’S DUTY OF CARE TO PATRONS AGAINST CRIMINAL ACTIVITY OF THIRD PERSONS (Approved 11/99) The owner/operator of [insert type of business entity involved, i.e. store, restaurant, office etc.] …
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Charge 5.73 CHARGE 5.73 ― Page 16 of 16 5.73 CARRIERS FOR HIRE (Approved 6/88) A. General Duty of Common Carriers to Passengers In this case (you may find from the evidence that) the defendant is what is known in the law as a common carrier. A common …
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CHARGE 5.74 ― Page 2 of 2 5.74 DUTY OF TEACHERS AND SCHOOL PERSONNEL TO STUDENT (Approved 9/80) School personnel owe a duty to exercise reasonable care for the safety of students entrusted to them. This duty extends to supervisory care required for the …
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Charge 5.75 CHARGE 5.75 ― Page 3 of 3 5.75 NUISANCE (Approved 12/87) A. In General The plaintiff (_____________) alleges that the defendant (____________) created (and/or maintained) a nuisance on defendant’s property which resulted in damage suffered by …
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Charge 7.10 Charge 6.10 — Page 1 of 2 6.10 PROXIMATE CAUSE — GENERAL CHARGE (Approved 05/1998; Revised 11/2019) Note to Judge The Committee has extensively reviewed the propriety of the prior charges on proximate cause (most of which were prepared before …
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CHARGE 6.11 — Page 1 of 3 6.11 PROXIMATE CAUSE — ROUTINE TORT CASE WHERE NO ISSUES OF CONCURRENT OR INTERVENING CAUSES, OR FORESEEABILITY OF INJURY OR HARM (Approved 08/99; Revised 04/16) Note to Judge This charge is designed to address proximate cause in …
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CHARGE 6.12 — Page 2 of 2 6.12 PROXIMATE CAUSE — WHERE THERE IS CLAIM THAT CONCURRENT CAUSES OF HARM WERE PRESENT (Approved 5/98; Revised 11/2023) Note to Judge This charge is designed to address the more complex case where a defendant’s (or a party’s) …
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Charge 7.13 CHARGE 6.13 — Page 2 of 2 6.13 PROXIMATE CAUSE — WHERE THERE IS CLAIM THAT CONCURRENT CAUSES OF HARM ARE PRESENT AND CLAIM THAT SPECIFIC HARM WAS NOT FORESEEABLE (Approved 05/1998; Revised 09/2021) Note to Judge This instruction is based on …
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Charge 7.14 CHARGE 6.14 — PAGE 1 OF 3 6.14 PROXIMATE CAUSE — WHERE THERE IS CLAIM OF INTERVENING OR SUPERSEDING CAUSE FOR JURY’S CONSIDERATION (Approved 08/1999; Revised 09/2021) Note to Judge This charge should be given in conjunction with Model Civil …
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Charge 5.30A CHARGE 5.30A ― Page 2 of 2 5.30A General Duty Owing (Approved 8/99) Note to Judge While the judge may prefer to adopt his/her own version of this phase of the charge, the following has been found to be satisfactory by many judges. The …
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Charge 5.30B CHARGE 5.30B ― Page 1 of 2 5.30B U-TURN (Approved 8/99) Note to Judge In Ewing v. Burke, 316 N.J. Super . 287 (App. Div. 1998), the Appellate Division held that a trial court committed plain error in failing to sua sponte incorporate a …
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Charge 5.30C CHARGE 5.30C ― Page 1 of 2 5.30C Left-Hand Turn (Approved 3/91) The law imposes upon the driver of a motor vehicle the duty to exercise the care that a reasonably prudent person would use under all the circumstances confronting him/her at the …
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Charge 5.30D CHARGE 5.30D ― Page 5 of 5 5.30D Violation of Traffic Act (Approved 8/99) Note to Judge In Ewing v. Burke, 316 N.J. Super. 287 (App. Div. 1998), the Appellate Division held that the trial court committed plain error in failing to modify the …
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Charge 5.30E CHARGE 5.30E ― Page 3 of 4 5.30E Effect of Black Out (Approved before 1984) The fact that the automobile operated by defendant left the highway (or crossed the center line of a two way road, etc.) is evidence from which you may infer that the …
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Charge 5.30F CHARGE 5.30F ― Page 1 of 6 5.30F Liability for Injury Due to Mechanical Defect or Failure (Approved before 1984) 1. Liability of Owner in General The law imposes upon the owner of a motor vehicle the duty of exercising reasonable care to have …
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Charge 5.30G CHARGE 5.30G — Page 1 of 15 5.30G Duty of Automobile Driver to Make Observations (Approved before 1983; Revised 03/2021) 1. For Traffic Conditions The law imposes upon the driver of an automobile the duty of exercising such care as is …
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CHARGE 5.30H ― Page 1 of 2 5.30H Duty of Care: Driver of Motor Vehicle Proceeding Through an Intersection Controlled by a Stop Sign/Flashing Red Traffic Control Device (Approved before 2007; Revised 03/2021) NOTE TO JUDGE Pursuant to N.J.S.A. 39:1-1, a …
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CHARGE 5.30I ― Page 1 of 1 5.30I Duty Of Care: Driver Of Motor Vehicle Proceeding Through An Intersection With A Flashing Amber Traffic Control Device (Revised 6/07) Our motor vehicle laws set forth a standard of conduct to be exercised by the driver of a …
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Charge 5.30J CHARGE 5.30J ― Page 1 of 3 5.30J Duty of Care Proceeding Through Intersection with Green Light [The Favored Driver] (Approved 1977) Our motor vehicle laws set forth a standard of conduct to be exercised by the driver of a motor vehicle while …