AK · jury_instructions
Alaska Civil Pattern Jury Instruction 13.03
Entry Privileged
In this case, the defendant claims that [his] [her] [its] entry was privileged. A privileged entry is an entry that is allowed by law.
The law allows entry onto the property of another [by agreement] [by consent, which may be actual or implied] [under authority of law] [if necessary to prevent serious harm].
To determine whether the entry in this case was allowed by law, you must decide whether it is more likely true than not true that
[the defendant had an agreement with the plaintiff which authorized the defendant to enter the property.]
[the plaintiff consented to the entry. Consent means that the plaintiff said or did something to [indicate agreement to] [cause the defendant to reasonably believe the plaintiff agreed to] the defendant's entry.]
[a reasonable person under similar circumstances would assume consent to the entry.]
[the defendant entered the property under authority of law.]
[the entry was or reasonably appeared to be necessary to prevent serious harm to [the defendant] [the defendant's property] [another person] [another person's property].]
If you decide that this is more likely true than not true, then you must [decide in favor of the defendant on this claim.] [decide whether the defendant exceeded the privilege. I will tell you how to do this in a moment.]
Otherwise, you must decide in favor of the plaintiff.
History
Alaska Civil Pattern Jury Instructions 13.03, dated Revised 1996. Prepared by the Alaska Civil Pattern Jury Instructions Committee; published by the Alaska Court System. The Alaska Court System states that these instructions "have not been approved or promulgated by any court or the Alaska Bar Association."
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
065fcd906d7dd6dfd442e75ad2c5d4393ba24c040f2113ee9a18489c07f3db4b
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