NC · jury_instructions
N.C.P.I.—Civil 800.51
BATTERY.
"Did the defendant commit a battery upon the plaintiff?"
On this issue the burden of proof is on the plaintiff. This means
that the plaintiff must prove, by the greater weight of the evidence, three
things:1
First, that the defendant intentionally2 caused bodily contact with
the plaintiff.
Second, that such bodily contact [actually offended a reasonable
sense of personal dignity] [caused physical pain or injury].3
And Third, that such bodily contact occurred without the plaintiff's
consent.
Finally, as to this issue on which the plaintiff has the burden of
proof, if you find, by the greater weight of the evidence, that the
defendant intentionally caused bodily contact with the plaintiff, that such
bodily contact was offensive or harmful to the plaintiff, and that bodily
contact occurred without the plaintiff's consent, 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.
History
N.C.P.I.—Civil 800.51 (February 2016). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
8ef2697a5c973b6b8bbd7400f0e36bb90a7a6abb0acc42a84360f062505949da
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