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Proposed Mississippi Plain Language Model Jury Instructions - Civil 1402

Defamation - Malice in a Defamation Action

activein force · 2012-02-17 – presentas-observed

You must decide whether [name of defendant] [said/wrote] the statement with hatred or

malice towards [name of plaintiff]. To determine if a statement was made with hatred or malice,

you should consider whether [name of defendant] [said/wrote] the statement knowing that it was

false or whether [he/she/it] [said/wrote] the statement with very little care as to whether it was

true or false. [Name of plaintiff] must present clear and convincing evidence that [name of

defendant] acted with hatred or malice.

Definition(s) in this Instruction:

In this instruction, “clear and convincing evidence” means that the evidence is so strong

that it leads you to a firm belief or conclusion, without hesitating, as to what the facts are and that

the party’s [claim/claims] [is/are] true.

In this instruction, “malice” means a [person/business/corporation] intentionally did

something wrong without having a valid reason or excuse.

History

Proposed Mississippi Plain Language Model Jury Instructions - Civil 1402 (current as of February 17, 2012). Submitted in 2012 by the Mississippi Model Jury Instructions Commission (created by the Supreme Court of Mississippi by order of December 30, 2008) and published by the Court on courts.ms.gov. The Court states that these model jury instructions have not been adopted or approved by the Supreme Court of Mississippi.

Provenance

Source
courts.ms.gov
Retrieved
2026-09-25
Edition
2026-09-25
Content hash
ae62f103007a801ef0a8fe66e962ec7c23aec6ad3f5e92c3a332c6dda62788b4
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