NC · jury_instructions
N.C.P.I.—Civil 813.41
TRADE REGULATION - VIOLATION-FALSE LIEN OR ENCUMBRANCE AGAINST A PUBLIC OFFICER OR PUBLIC EMPLOYEE.
The (state number) issue reads:
“Did the defendant unlawfully present for filing a false lien or
encumbrance against the [real] [personal] property of a [public officer]
[public employee]?”
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:1
First, that the defendant presented for filing in a [public record]
[private record generally available to the public] a lien or encumbrance
against the [real] [personal] property of a [public officer] [public
employee].2 A (identify the plaintiff’s position) is a [public officer][public
employee].
Second, that the defendant presented the lien or encumbrance on
account of the performance of the [public officer’s] [public employee’s]
official duties.3
And Third, that the defendant presented the lien or encumbrance
knowing or having reason to know that the lien or encumbrance was false
or contained a materially false, fictitious or fraudulent statement or
representation.4
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 presented for filing a false lien or encumbrance, knowing or
having reason to know that it was false, against the [real] [personal]
property of a [public officer] [public employee], on account of the [public
officer’s] [public employee’s] official duties, 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 813.41 (June 2013). N.C. Gen. Stat. § 14-118.6; N.C. Gen. Stat. § 75-1.1. 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
9883de2b7304c9bb783ed5ad25d3076e8c7e0f1d49ef04da79705cdb936792f9
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