AK · jury_instructions
Alaska Civil Pattern Jury Instruction 13.04
Abuse of Privilege
The plaintiff claims that the defendant exceeded [his] [her] [its] privilege to enter the plaintiff's property.
To determine whether the defendant exceeded the privilege, you must decide whether it is more likely true than not true that [the defendant intentionally performed an act that a reasonable person would regard as unnecessary to the exercise of the privilege. A person intentionally performs an act if the person acts with the desire to achieve that result or if the person believes that result is substantially certain to follow from his or her conduct.]
[(1) the defendant negligently exercised the privilege;
(2) the negligence was a legal cause of the plaintiff's harm; and
(3) the plaintiff was actually harmed.
I will define negligence and legal cause for you in a moment.]
If you decide that [this is] [all three of these things are] more likely true than not true, you must decide for the plaintiff on this claim. Otherwise, you must decide for the defendant.
History
Alaska Civil Pattern Jury Instructions 13.04, 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
015494ba1c7a93d7b3191f632eb3196e9504b563d56f220eac15f735f11c9ddc
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