N.C.P.I.—Civil 501.67

The (state number) issue reads:

"Was the defendant emancipated at the time he entered into the

contract with the plaintiff?"

(You will answer this issue only if you have answered the (state

number)1 issue "Yes" in favor of the defendant.)

On this issue the burden of proof is on the plaintiff. This means the

plaintiff must prove, by the greater weight of the evidence, that the

defendant was emancipated at the time the defendant entered into the

contract with the plaintiff.

[A person over the age of sixteen may be emancipated by judicial

decree.2 (All of the evidence tends to show that the defendant was

emancipated by a judicial decree on (state date).)]

[A married person is emancipated.3 (All of the evidence tends to

show that the defendant was married on (state date.)]

[A member of the armed forces of the United States is

emancipated.4 (All of the evidence tends to show that the defendant

became a member of the armed forces of the United States on (state

date).)]

[State other circumstances where a person under eighteen is

deemed at law to have contractual capacity.]5

Finally, as to the (state number) issue on which the plaintiff has

the burden of proof, if you find by the greater weight of the evidence that

the defendant was emancipated at the time the defendant entered into

the contract with the plaintiff, then it would be your duty to answer this

issue "Yes" in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.