NC · jury_instructions
N.C.P.I.—Civil 813.38
TRADE REGULATION - UNFAIR AND DECEPTIVE TRADE PRACTICES - SIMULATION OF CHECKS AND INVOICES.
The (state number) issue reads:
"Did the defendant issue a writing which simulated or resembled [a
negotiable instrument] [an invoice for [goods] [property] [services] which
the plaintiff had not actually contracted for]?"
On this issue the burden of proof is on the plaintiff to prove, by the
greater weight of the evidence, [two] [three] things:
First, that the defendant issued the (state exhibit number) to the
plaintiff.
Second, that the (state exhibit number) simulates or resembles
[a negotiable instrument]1
[an invoice for [goods] [property] [services]]
NOTE WELL: In simulated invoice cases, give this third
element:
Third, that the defendant sought improper payment for such
[goods] [property] [services] not actually contracted for by the plaintiff.
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 issued (state exhibit number) to the plaintiff, that (state
exhibit number) simulates or resembles [a negotiable instrument] [an
invoice for [goods] [property] [services] (give in simulated invoice cases:
and that the defendant sought improper payment for such [goods]
[property] [services] not actually contracted for by the plaintiff), 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 813.38 (May 1995). N.C. Gen. Stat. § 75-35. 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
2f2834071081b7baee146fb086e54568fd57b4cc289a4e7a7258c5ef14572f9b
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