N.C.P.I.—Civil 813.37

The (state number) issue reads:

"Did the defendant unlawfully represent to the plaintiff that he had

been specially selected?"

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:

First, that the defendant represented to the plaintiff that he had

been specially selected. A "representation" is any statement that would

lead a reasonable person to believe he has been specially selected

(including, but not limited to, such phrases as "carefully selected" and

"you have been chosen").

Second, that the defendant made this representation in connection

with the [sale] [lease] [solicitation for sale] [solicitation for lease] of a

[good] [property] [service].

Third, that the selection process used

[was not designed to reach a particular type or particular types of

person, firm or corporation]

[did not use a source other than [telephone directories] [city

directories] [tax listings] [voter registration records] [purchased mailing

lists] [(other similar common source of names)]

[selected more than ten percent of those considered].

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 unlawfully represented to the plaintiff that he had been

specially selected, 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.