N.C.P.I.—Civil 801.05

The (state number) issue reads:

“What amount of damages is the plaintiff entitled to recover from the

defendant for the malicious [criminal] [civil] proceeding?”

If you have answered (state number) issue “Yes” in favor of the plaintiff,

the plaintiff is entitled to recover nominal damages even without proof of

actual damages. Nominal damages consist of some trivial amount such as one

dollar in recognition of the technical damage caused by the wrongful conduct

of the defendant.

The plaintiff may also be entitled to recover actual damages. 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, the amount of actual damages

caused by the wrongful conduct of the defendant.

Actual damages are the fair compensation to be awarded to a person

for any [past] [present] [future] injury caused by the wrongful conduct of

another.

In determining the amount, if any, you award the plaintiff, you will

consider the evidence you have heard as to (each of the following types of

damages):

[medical expenses]

[loss of earnings]

[pain and suffering]

[Reasonable attorney’s fee paid by the plaintiff in the case in which the

[criminal] [civil] proceeding was instituted. 1]

(state any other type of damage supported by the evidence).

I instruct you that if you reach this issue, 2 your decision must be based

on the evidence and the rules of law I have given you with respect to the

measure of damages. You are not required to accept the amount of damages

suggested by the parties or their attorneys. Your award must be fair and just.

You should remember that you are not seeking to punish either party, and

you are not awarding or withholding anything on the basis of sympathy or

pity.

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

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

has sustained actual damages under the law as I have explained it to you, you

will answer this issue by writing the amount of such damages you find in the

blank space provided.

On the other hand, if you fail to find any actual damages, then you would

answer this issue by writing a nominal amount such as “One Dollar” in the

blank space provided.