NC · jury_instructions
N.C.P.I.—Civil 813.34
TRADE REGULATION - VIOLATION - WORK-AT-HOME SOLICITATIONS.
The (state number) issue reads:
"Did the defendant2 unlawfully [advertise] [represent] [imply] that
the plaintiff could earn money by [stuffing envelopes] [addressing
envelopes] [mailing circulars] [clipping newspaper and magazine articles]
[(describe similar work)]?"
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, two
things:
First, that the defendant, without actually paying compensation to
others for [stuffing envelopes] [addressing envelopes] [mailing circulars]
[clipping newspaper and magazine articles] [(describe similar work)],
[advertised] [represented] [implied] that the plaintiff could earn money
by doing (substantially) the same thing. "Compensation" means a
[wage] [salary] [set fee] [commission].
Second, that the defendant required the plaintiff to [purchase from
the defendant] [make a deposit to the defendant on] a(n) [instructional
booklet] [brochure] [kit] [program] [(describe similar information
material)] [mailing list] [directory] [membership in a cooperative
association] [(describe other item or service).
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 without actually paying compensation to others for [stuffing
envelopes] [addressing envelopes] [mailing circulars] [clipping newspaper
and magazine articles] [(describe similar work)], [advertised]
[represented] [implied] that the plaintiff could earn money by doing
(substantially) the same thing, and that the defendant required the
plaintiff to [purchase from the defendant] [make a deposit to the
defendant on] a(n) [instructional booklet] [brochure] [kit] [program]
[(describe similar information material)] [mailing list] [directory]
[membership in a cooperative association] [(describe other item or
service)], 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 813.34 (May 1995). N.C. Gen. Stat. § 75-31. 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
f6c6f90a75afde11edd124de8613a567f2b5cbbc53254ced6b544802f64e14bd
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