N.C.P.I.—Civil 807.20

The (state number) issue reads:

"Did the plaintiff suffer a monetary loss as a result of a false and

malicious statement by the defendant about (name property)?"

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, five

things:2

First, that the plaintiff owned (name property).3

Second, that the defendant made a statement about the (name

property). (Such statement may be oral or in writing.)

Third, the defendant's statement concerning (name property) was

false.4

Fourth, that the defendant made the statement with malice.5 A

person acts with malice when he makes a statement about another

person's property with the express intent6 of causing injury. You may

infer, but you are not compelled to find, that the defendant acted with

malice if [the statement, under the circumstances, was not made in good

faith to assert a real claim] [was without a substantial basis in fact] [a

reasonable person would not have had a good faith belief in the truth of

the statement].7

And Fifth, that the plaintiff suffered a monetary loss as a result of

the defendant's statement about (name property).8

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 plaintiff suffered a monetary loss as a result of a false and

malicious statement by the defendant about (name property), 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.