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STRICT LIABILITY FOR DRUG INDUCED DEATHS N.J.S.A. 2C:35-9 Page 3 of 8 Approved 9/15/97 Page 1 of 8 STRICT LIABILITY FOR DRUG INDUCED DEATHS ( N.J.S.A. 2C:35-9) (Count ________ of) the indictment charges the defendant as follows: (Read Indictment) The …
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Revised 1/14/13 UNLAWFUL POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE ( N.J.S.A. 2C:35-10) UNLAWFUL POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE ( N.J.S.A. 2C:35‑10) Count of the indictment charges the defendant with unlawful possession of a …
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Approved 3/9/15 UNLAWFUL POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE (BATH SALTS ) ( N.J.S.A. 2C:35-10.3a) UNLAWFUL POSSESSION OF A CONTROLLED DANGEROUS SUBSTANCE (BATH SALTS) ( N.J.S.A. 2C:35‑10.3a) Count of the indictment charges the defendant as …
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Revised 6/8/15 POSSESSION OF AN IMITATION CONTROLLED DANGEROUS SUBSTANCE WITH INTENT TO DISTRIBUTE ( N.J.S.A. 2C:35‑11) POSSESSION OF AN IMITATION CONTROLLED DANGEROUS SUBSTANCE WITH INTENT TO DISTRIBUTE ( N.J.S.A. 2C:35‑11) Count___________ of the …
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DISTRIBUTION OF AN IMITATION CONTROLLED DANGEROUS SUBSTANCE ( N.J.S.A . 2C:35‑11) Page 2 of 6 Approved 3/19/90 Page 1 of 6 DISTRIBUTION OF AN IMITATION CONTROLLED DANGEROUS SUBSTANCE ( N.J.S.A . 2C:35‑11) Count of the indictment charges the defendant as …
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OBTAINING A CONTROLLED DANGEROUS SUBSTANCE BY FRAUD ( N.J.S.A. 2C:35‑13) Page 2 of 2 Approved 10/17/88 Page 1 of 2 OBTAINING A CONTROLLED DANGEROUS SUBSTANCE BY FRAUD ( N.J.S.A . 2C:35‑13) The defendant is charged with obtaining a controlled dangerous …
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Approved 3/11/19 OVERDOSE PREVENTION ACT DEFENDANT SEEKS MEDICAL ASSISTANCE FOR ANOTHER N.J.S.A. 2C:35-30 OVERDOSE PREVENTION ACT DEFENDANT SEEKS MEDICAL ASSISTANCE FOR ANOTHER (N.J.S.A. 2C:35-30) [TO BE GIVEN AT CONCLUSION OF SUBSTANTIVE CDS CHARGE] …
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CHARGE 5.32C ― Page 1 of 2 5.32C Duty of DRIVERS AND PedestrianS Crossing at MARKED OR UNMARKED CROSSWALK (Approved 06/2010; Revised 03/2021) NOTE TO JUDGE This charge is limited to cases involving pedestrians as defined by N.J.S.A. 39:1-1. Under this …
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CHARGE 5.33 — Page 4 of 4 5.33 LIMITATION ON LAWSUIT OPTION [footnoteRef:1],[footnoteRef:2] (Approved 11/2000; Revised 04/2018) [1: See N.J.S.A. 39:6A-8a. The Limitation on Lawsuit Option within the Automobile Insurance Cost Reduction Act (AICRA) of 1998 …
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CHARGE 5.34 — Page 2 of 2 5.34 PROPERTY DAMAGE IN MOTOR VEHICLE ACCIDENTS (Approved 10/2009; Revised 01/2019) A. Photographic Evidence A number of photographs of one or more of the vehicles involved in the accident have been introduced into evidence. …
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CHARGE 5.40A ― Page 1 of 3 5.40A PRODUCTS LIABILITY — Introduction: Caveats to Judges (3/10) Note to Judge Caveats I. Since the passage of the Products Liability Act , N.J.S.A . 2A:58C-1 through 7, effective July 22, l987, there is one cause of action for …
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CHARGE 5.40B — Page 5 of 8 5.40B Manufacturing Defect (Approved 10/1998; Revised 8/2011) Let me give you some applicable concepts which deal with the claim of manufacturing defect, and then I will explain what the plaintiff must prove in order to win in a …
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Charge 5.40C CHARGE 5.40C ― Page 12 of 12 5.40C Failure to Warn/Instruct [footnoteRef:1] [1: See N.J.S.A. 2A:58C-4. ] (Approved 3/00; Revised 11/2023) Let me now discuss the law governing the plaintiff’s claim of failure to warn. If a product fails to …
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Charge 5.40D-1 CHARGE 5.40D-1 ― Page 2 of 5 5.40D-1 Design Defect — Generally (Approved 4/99; Revised 5/10) Note to Judge A design defect may be established by different methods. One method is the Consumer Expectations Test . Another method is applying …
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Charge 5.40D-2 CHARGE 5.40D-2 ― Page 1 of 1 5.40D-2 Design Defect — Introductory Statement to Jury (All Cases) (3/10) The defendant [name] as the manufacturer/seller of a [product] has the duty to make/sell a [product] that is reasonably safe. In this …
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Charge 5.34 CHARGE 5.40D-3 ― Page 20 of 20 5.40D-3 Design Defect — Legal Tests of Product Defect (Approved 4/99) Note to Judge Charge either (1) Consumer Expectations (in rare cases only), (2)(a) Reasonable Safer Design or (b) Risk-Utility Product Defect …
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Charge 5.40D-4 CHARGE 5.40D-4 ― Page 7 of 12 5.40D-4 Design Defect — Defenses (Approved 4/99; Revised 10/01) [When there is a jury question dealing with a statutory defense and/or affirmative defense the following law and questions are applicable.] 1. …
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Charge 5.40E CHARGE 5.40E ― Page 7 of 7 5.40E Crashworthiness — Special Issues (Approved 5/01) Note to Judge In Poliseno v. General Motors , 328 N.J. Super. 41 (App. Div. 2000), certif. denied , 165 N.J. 138 (2000), and Green v. General Motors , 310 N.J. …
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Charge 5.34 CHARGE 5.40F ― Page 1 of 1 5.40F Defect before Sale The next basic element of any product liability claim is that the product must have been defective when it was distributed by a manufacturer or seller who is being sued. In other words, …
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Charge 5.40G CHARGE 5.40G ― Page 3 of 4 5.40G Product Misuse or Alteration (Approved 12/93) [Use the following if there is an issue of misuse in terms of purpose.] The next element of the plaintiff's burden of proof is that at the time of the accident the …