NC · jury_instructions

N.C.P.I.—Motor Vehicle 101.45

CIRCUMSTANTIAL EVIDENCE.

activein force · 1985-10-01 – presentas-observed

NOTE WELL: I n S. v. Adcock, 310 N.C. 1, (1984), the

North Carolina Supreme Court recommended an

instruction in any criminal case based in part or entirely

on circumstantial evidence. This instruction attempts

to adapt it to civil cases.

There are two types of evidence from which you may find the truth

as to the facts of a case-direct and circumstantial evidence. Direct

evidence is the testimony of one who asserts actual knowledge of a fact,

such as an eyewitness; circumstantial evidence is proof of a chain or

group of facts and circumstances pointing to the existence or non-existence of certain facts. The law makes no distinction between the

weight to be given to either direct or circumstantial evidence. Nor is a

greater degree of certainty required of circumstantial evidence than of

direct evidence. The law simply requires the party having the burden of

proof on a particular issue to satisfy the jury as to that issue by the

greater weight of all the evidence in the case.

History

N.C.P.I.—Motor Vehicle 101.45 (October 1985). 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: 2026-09-25
Edition: 2026-09-24
Content hash: cb4a7ee1719335f0e82520e9dbac9a21dbd06e6df5b82ea47761ae17501ebcd5

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