AL Pattern Jury Instructions
Alabama Pattern Jury Instructions 2d
The Alabama Pattern Jury Instructions are the rules of engagement for courtrooms all over alabama. These instructions explain the elements of a civil lawsuit in detail. If you want to know whether you have a case against someone you can search the jury instructions and find out exactly what the judge will tell the jury about the law. There is no better resource for determining whether your case will stand up in court.
TABLE OF CONTENTS
- 1.01 – Preliminary Instruction to Trial Jury
- 1.02 – Opening Statements of Counsel
- 1.03 – Statements of Counsel and Judge
- 1.04 – Taking Evidence
- 1.05 – Duty of the Judge and Jury
- 1.06 – Jury As Judge of Facts
- 1.07 – Interest of Witnesses
- 1.08 – Rulings on Evidence and Objections
- 1.09 – Order of Arguments of Counsel
- 1.10 – Duty of Jury Upon Submission
- 1.11 – Jurors Not to Discuss Case During Trial
- 1.12 – Sympathy
- 1.12A – Curative Instruction–Liability Insurance
- 1.13 – Jury Not to Take Cue from Judge
- 1.14 – Jurors Should Not Make Any Investigation of Their Own During the Course of Trial
- 1.15 – Jurors Taking Notes
- 1.16 – Jurors Questioning Witnesses
- 1.17 – Instructions Before Visiting Scene
- 1.18 – Recess Instructions
- 1.19 – Questions by the Jury During Deliberation
- 1.20 – Introduction Before Giving Requested Written Charges
- 1.21 – Charge When Jury Unable to Agree
- 1.22 – Jurors Must Not Refer to Outside Materials (Revised)
- 1.23 – Instructions to the Jury Upon Their Discharge
- 2.00 – Definitions
- 2.01 – Where the Original Demand Was Unliquidated
- 2.02 – Where the Original Demand Itself Was Liquidated and in Dispute
- 2.03 – Where Amount and Validity of Original Claim Were Undisputed
- 2.04 – Burden of Proof
- 3.00 – Definition
- 3.01 – Agent Acting Within the Line and Scope of His Authority
- 3.02 – Expressed Authority
- 3.03 – Implied Authority
- 3.04 – Apparent Authority
- 3.05 – Principal–Nature and Extent of Liability
- 3.06 – Responsibility for Negligence
- 3.07 – Acting Within Line and Scope–Driving Employer’s Motor Vehicle
- 3.08 – Owner Present in Vehicle
- 3.09 – Departure from Line and Scope
- 3.10 – Deviation from Authority
- 3.11 – Deviation from Instructions
- 3.12 – Ratification of Acts by Principal
- 3.13 – Principal Estopped to Deny Authority
- 3.14 – Joint Venture–Definition
- 3.15 – Joint Venture–Rule of Liability–Tort
- 3.16 – Independent Contractor–Definition
- 3.17 – Independent Contractor–Rule of Liability
- 4.01 – Liability of Owner of Dog Biting or Injuring Person–On Owner’s Premises
- 4.02 – Mitigation of Damages–Dog Bite
- 4.03 – When Person Lawfully on Property
- 4.04 – Knowledge of Dangerous Propensity of Domestic Animal
- 4.05 – Duty of Owner of Vicious (Domestic) Animal
- 4.06 – Domestic Animals–Common Law Duty of Owner
- 4.07 – Vicious Propensity–Definition
- 4.08 – Liability of Keeper of Vicious Domestic Animal
- 4.09 – Burden of Proof–Scienter
- 4.10 – Wild Animals–Liability of Owner or Keeper
- 4.11 – Killing Vicious Domestic Animal
- 4.12 – Stock Owner’s Liability for Damages to Motorist
- 4.13 – Owner or Keeper Charged with Knowledge of Vicious Propensities of a Domestic Animal of a Particular Breed
- 4.14 – Vicious Dog–Landlord–Duty
- 5.00 – Definition and Burden of Proof
- 5.01 – Effect of Abusive Language
- 5.02 – Self-Defense
- 5.03 – Joint Liability–Conspiracy
- 5.04 – Justification–Defense of Another
- 5.05 – Assault–Definition
- 6.00 – Civil Action
- 7.00 – General Definition
- 7.01 – Gratuitous Bailment–Definition
- 7.02 – Lucrative Bailment–Definition
- 7.03 – Bailment for Hire–Definition
- 7.04 – Duty Owed by (Bailor) (Bailee)–General
- 7.05 – Duty Owed by Bailee–Bailment for Hire or Lucrative Bailment
- 7.06 – Duty Owed by Bailee–Bailment for Sole Benefit of Bailee
- 7.07 – Duty Owed by Bailee–Bailment for Sole Benefit of Bailor (Gratuitous Bailment)
- 7.08 – Duty of Bailor–Bailment for Mutual Benefit or for Hire
- 7.09 – Duty of Bailor–Bailment for the Sole Benefit of Bailee
- 7.10 – Burden of Proof–Bailor v. Bailee
- 7.11 – Determination of Type of Bailment by Jury
- 8.00 – General Denial by Defendant
- 8.01 – Affirmative Defense by Defendant
- 8.02 – Defense of Statute of Limitation
- 8.03 – Defense of the Statute of Frauds
- 8.04 – Counterclaim
- 9.00 – Definition
- 9.01 – Passenger–Definition
- 9.02 – Duty Owed to Passenger
- 10.01 – Definition
- 10.02 – Elements
- 10.03 – Consideration–Definition
- 10.04 – Offer–Definition
- 10.05 – Acceptance–Definition
- 10.06 – Mutual Assent–Definition
- 10.07 – Intent–Determination
- 10.08 – Implied Contract–Definition
- 10.09 – Parol Contract–Definition
- 10.10 – Quasi Contract–Definition
- 10.11 – Quasi Contract–Rule of Damages
- 10.12 – Action for Breach–Elements
- 10.13 – Issues–Contract Admitted–Counterclaim
- 10.14 – Issues–Contract Denied
- 10.15 – Defense of Fraud in the Execution
- 10.16 – Defense of Undue Influence
- 10.17 – Damages–General Rule
- 10.18 – Interest on Damages for Breach
- 10.19 – Partial Performance–Definition
- 10.20 – Partial Performance–Damages
- 10.21 – Substantial Performance–Definition
- 10.22 – Substantial Performance–Damages
- 10.23 – Non-Performance–Statutory Excuse
- 10.24 – Non-Performance–Statutory Excuse–Damages
- 10.25 – Non-Performance–Excuses
- 10.26 – Promisor’s Failure to Cooperate
- 10.27 – Promisor’s Duty to Perform
- 10.28 – Damages–Mental Anguish and Physical Suffering
- 10.30 – Novation
- 10.31 – Quantum Meruit–Definition
- 10.32 – Time for Performance
- 10.33 – Services Rendered by Family Member to Decedent
- 10.34 – Merger
- 10.35 – Action for Interference with Contractual or Business Relations
- 10.36 – Justification Defense to Action for Interference with Contractual or Business Relations
- 10.37 – Competitor’s Privilege Defense to Action for Interference with Contractual or Business Relations
- 10.38 – Action for Breach of Implied Warranty of Fitness and Habitability–Elements
- 10.39 – Action for Breach of Implied Warranty of Fitness and Habitability–Damages
- 10.40 – Defense of Economic Duress
- 10.41 – Contract to Make a Will, Bequest or Devise
- 10.42 – Damages for Breach of Contract to Make a Will
- 10A.00 – Introduction
- 10A.01 – Elements of Contract
- 10A.02 – Offer
- 10A.03 – Acceptance
- 10A.04 – Consideration
- 10A.05 – Mutual Assent
- 10A.06 – Implied Contract
- 10A.07 – Oral Contracts
- 10A.13 – Action for Breach Ñ Elements
- 10A.14 – Issues Ñ Contract Admitted ÑÊ Counterclaim
- 10A.15 – Action for Breach of Implied Warranty of Fitness and Habitability Ñ Ê Elements
- 10A.16 – Action for Interference with Contractual or Business Relations
- 10A.23 – Justification Defense
- 10A.24 – Competitor’s Privilege Defense
- 10A.25 – Fraud as a Defense
- 10A.26 – Undue Influence as a Defense
- 10A.27 – Duress as a Defense
- 10A.28 – Economic Duress Ñ Business Complusion as a Defense
- 10A.29 – Substantial Performance
- 10A.35 – Damages Ñ Substantial Performance
- 10A.36 – Damages Ñ General Rule
- 10A.47 – Good Faith and Fair Dealing
- 10A.48 – Time for Performance
- 10A.49 – Interpretation
- 10A.50 – Novation
- 10A.56 – Non-Performance Ñ Ê Excuses
- 11.00 – Introduction
- 11.01 – General
- 11.02 – Compensatory
- 11.03 – Punitive
- 11.04 – Personal Injury–Elements
- 11.05 – Personal Injury–Physical Pain and Mental Anguish
- 11.06 – Permanent Injuries or Disfigurement
- 11.07 – Personal Injury–Aggravation of Pre-Existing Conditions
- 11.08 – Subsequent Injuries or Disease Proximately Resulting from Original Injury
- 11.09 – Personal Injury–Medical Expenses
- 11.10 – Loss of Earnings
- 11.11 – Loss of Future Earnings or Future Earning Capacity
- 11.12 – Other Than Personal Injury–Elements
- 11.13 – Consortium and Services–Wife
- 11.13-A Ê Consortium and Services–Husband
- 11.14 – Medical Expenses for Wife or Child
- 11.15 – Nursing Services of Parent to Child–Value
- 11.16 – Loss of Services–Minor Child Temporary Disability
- 11.17 – Loss of Services–Minor Child Permanent Disability
- 11.18 – Wrongful Death
- 11.19 – Mortality Tables
- 11.21 – Mathematical Formula
- 11.22 – Speculative
- 11.23 – Personal Property–Measure of
- 11.24 – Personal Property–Effect of Evidence of Repair Expense
- 11.25 – Commercial Vehicle
- 11.26 – Real Property–Measure
- 11.27 – Real Property–Growing Crops
- 11.28 – Breach of Contract
- 11.29 – Mitigation
- 11.30 – Damages–Pro Tanto Release–Effect of
- 11.31 – Release–Definition
- 11.32 – Release–Burden of Proof
- 11.33 – Release–Effect of
- 11.34 – Release–Avoidance–Fraud
- 11.35 – Release–Return of Consideration
- 11.36 – Release–Avoidance–Failure of Consideration
- 11.37 – Principal’s Liability for Punitive Damages for Intentional Wrongful Conduct or Malice, Involving Acts or Omissions of Agent
- 11.38 – Loss of Profits–New or Unestablished Business
- 11.39 – Specific Release
- 11.40 – Definition–Nominal Damages
- 11.41 – Receipt–Effect of
- 11.42 – Payment
- 11.43 – Combined Damages–Introduction
- 12.01 – Plea of General Issue–Introduction
- 12.02 – Assessment of Alternate Value on Verdict for Plaintiff–Suit for One Article in Possession of Defendant
- 12.03 – Damages–Value of Use or Hire During Wrongful Detention of Article in Possession of the Defendant if Plaintiff Is Entitled to Recover
- 12.04 – Assessment of Alternate Value–On Verdict for Plaintiff in Suit for More Than One Article in Possession of Defendant
- 12.05 – Damages–If Defendant Entitled to Recover Article(s) in Possession of Plaintiff
- 12.06 – Suit by Vendor or Mortgagee or Other Holder of a Security Interest
- 13.00 – Ejectment–Common Law–Statutory–Definition
- 13.01 – Ejectment–General Issue
- 13.02 – Ejectment–Burden of Proof
- 13.03 – Ejectment–Evidence of Title or Other Right to Recover
- 13.04 – Ejectment–Disclaimer
- 13.05 – Ejectment–Suggestion of Adverse Possession for Three Years
- 13.06 – Ejectment–Suggestion of Boundary Line Dispute
- 13.07 – Ejectment–Action by Mortgagee Against Mortgagor
- 13.07A – Ejectment–Action by Tenant in Common Against Cotenant
- 13.08 – Ejectment–Adverse Possession–Definition
- 13.09 – Ejectment–Prescription–Definition
- 13.10 – Ejectment–Damages–General
- 13.11 – Ejectment–Damages–Mesne Profits or Fair Rental Value
- 13.12 – Ejectment–Damages–Permanent Improvements
- 13.13 – Ejectment–Damages–Waste
- 13.14 – Ejectment–Damages–Punitive
- 13.15 – Ejectment–Damages–Interest
- 13.16 – Ejectment–Damages–Possession Under Color of Title
- 13.17 – Ejectment–Damages–Tenant
- 13.18 – Ejectment–Damages–Two or More Defendants
- 13.19 – Ejectment–Verdicts–General
- 13.20 – Ejectment–Verdicts–Suggestion of Permanent Improvements on Adverse Possession for 3 Years
- 13.21 – Ejectment–Verdicts–Damages in Severalty
- 13.22 – Ejectment–Verdicts–Cross Claim or Counter Claim
- 13.23 – Ejectment–Verdicts–Mortgagee Against Mortgagor
- 13.24 – Ejectment–Verdicts–Suggestion–Disputed Boundary
- 13.25 – Ejectment–Verdicts–Disclaimer–Issue Taken
- 13.26 – Ejectment–Verdicts–Possession Under Color of Title
- 13.27 – Ejectment–Verdicts–Tenant in Possession
- 14.00 – Definition
- 14.01 – Condemnation–Definition
- 14.02 – Right to Condemn
- 14.03 – Trial De Novo
- 14.04 – Sole Question for the Jury
- 14.05 – Just Compensation–Definition
- 14.06 – Date of Taking
- 14.07 – Market Value–Definition
- 14.08 – Opinion of Experts
- 14.09 – Award of Commissioner
- 14.10 – Single Tract–Unity of Use Test
- 14.11 – Highest and Best Use
- 14.12 – Prohibited Use–Zoning Ordinance
- 14.13 – Prohibited Use–Zoning Ordinance–Exception
- 14.14 – Limited Access
- 14.15 – Damages–Total Taking
- 14.16 – Damages–Partial Taking
- 14.17 – Damages–Elements of Consideration
- 14.19 – Burden of Proof–Compensation
- 14.20 – Inverse Condemnation
- 14.21 – Inverse Condemnation–Nuisance Defense
- 14.22 – Sentimental Value
- 14.23 – Comparable Sales
- 15.00 – Inference of Fact–Definition
- 15.01 – Inferences
- 15.02 – Credibility
- 15.03 – Deposition–Definition
- 15.04 – Interrogatories–Definition
- 15.05 – Interrogatories and Answers Used As Evidence
- 15.06 – Opinion of Layman–Weight
- 15.07 – Expert Witness–Definition
- 15.08 – Expert Witness–Hypothetical Question
- 15.09 – Expert Witness–Weight
- 15.10 – Limited Purpose Evidence
- 15.10A – Limited Party Evidence
- 15.11 – Impeachment of a Witness–Conviction of a Crime–Felony
- 15.11A – Impeachment of a Witness–Conviction of a Crime–Dishonesty or False Statement
- 15.12 – Spoliation of Evidence–Plaintiff
- 15.13 – Spoliation of Evidence–Defendant
- 15.14 – Witnesses Swearing Falsely
- 15.15 – Judicial Notice of Facts Not Subject to Reasonable Dispute
- 15.16 – Conclusive or Irrebuttable Presumption
- 15.17 – Rebuttable Presumption Shifting the Burden of Going Forward with Evidence
- 15.18 – Rebuttable Presumption Shifting the Burden of Proof
- 15.19 – Oath to Interpreter for Persons Defective in Speech and/or Hearing
- 15.20 – Oath to Interpreter for Persons Who Do Not Speak nor Understand the English Language
- 15.21 – Instructions to Jury–Interpreter
- 15.22 – Prima Facie Evidence–Definition
- 15.23 – Spoliation of Evidence–Tort Claim
- 15.24 – Learned Treatises, Periodicals, and Pamphlets
- 15.25 – Claim of Privilege by Party Witness
- 15.26 – Claim of Privilege by Non-Party
- 15.27 – Writing–Proof
- 16.00 – Definition–Comments
- 16.01 – False Imprisonment–Measure of Damages
- 16.02 – False Imprisonment–Punitive Damages
- 17.00 – FELA–Duty Imposed by Federal Employers’ Liability Act
- 17.01 – FELA–Essential Elements of Plaintiff’s Claim
- 17.02 – FELA–Duty of Defendant As to a reasonably Safe Place to Work
- 17.03 – FELA–Federal Safety Appliance Acts–Liability Based Upon Violation–Contributory Negligence No Defense
- 17.04 – FELA–Federal Safety Appliance Act–Liability Based Upon Violation of the Locomotive Inspection Act–Contributory Negligence No Defense
- 17.05 – FELA–Contributory Negligence of Plaintiff Not a Bar, but Diminishes Amount of Recovery
- 17.06 – FELA–Effect of Plaintiff’s [the Decedent's] Contributory Negligence
- 17.07 – FELA–Duty of Defendant As to Tools, Appliances and Machinery
- 17.08 – FELA–Duty of Plaintiff
- 17.09 – FELA–Damages–Contributory Negligence Not a Bar and Does Not Diminish Damages Where Injury or Death Caused by Violation of Safety Appliance or Boiler Inspection Statute
- 17.10 – FELA–Assumption of the Risk
- 17.11 – FELA–Corporation Can Act Only Through Agents
- 17.12 – FELA–Proximate Cause
- 17.13 – FELA–Damages Recoverable
- 17.14 – FELA–No Punitive Damages
- 17.15 – FELA–Damages in Death Case–Matters Which May Be Considered in Computing Damages
- 17.16 – FELA–Damages in Death Case–Children’s Damages for Loss of Care, Attention, Instruction, Training, Advice, and Parental Guidance
- 17.17 – FELA–Damages in Death Case–Post-Minority Damages of Children
- 17.18 – FELA–Damages in Death Case–Damages for Conscious Pain and Suffering of the Decedent
- 17.19 – FELA–Damages in Death Case–No Award for Loss of Decedent’s Love and Affection and Companionship
- 17.20 – FELA–Mitigation of Damages–By Seeking and Submitting to Medical Treatment and Following the Advice of Competent Physicians
- 17.21 – FELA–Mitigation of Damages–By Returning to Work
- 18.00 – Introduction
- 18.01 – Intentional False Statement
- 18.02 – Reckless False Statement
- 18.03 – Mistaken False Statement
- 18.04 – Deceit
- 18.05 – Concealment
- 18.06 – Concealment–Obligation to Make Known As Jury Issue
- 18.07 – Promissory Fraud
- 18.08 – Definition of Important Fact/Promise
- 18.09 – Opinions As Statements of Fact
- 18.10 – Reliance
- 18.11 – Defense–Statute of Limitations
- 18.12 – Future Act
- 18.20 – Fraudulent Transfers As to Present Creditors
- 18.21 – Fraudulent Transfers As to Present and Future Creditors
- 18.22 – Fraudulent Transfers As to Present and Future Creditors–Actual Intent to Defraud
- 18.23 – Insolvency
- 18.24 – Value–Present Value
- 18.25 – Defenses of Transferee (Defendant)
- 19.00 – Civil Action Against Principal Only
- 19.01 – Civil Action Against Principal and Surety
- 20.00 – Introduction–Issues
- 20.01 – Suicide–Definition
- 20.02 – Defense of Suicide–Burden of Proof
- 20.03 – Presumption Against Suicide
- 20.04 – No Presumption Against Suicide if Insured Insane
- 20.05 – Motive for Suicide
- 20.06 – Accident Policy–Evidence of Suicide–Burden of Proof
- 20.07 – Death Certificate–Prima Facie Evidence
- 20.08 – Violation of Law–Felony
- 20.09 – Accidental Death–Definition
- 20.10 – Death by Accidental Means
- 20.11 – Accident–Intentional Act
- 20.12 – Accident–Insured’s Voluntary Act
- 20.13 – Accident–Insured As Aggressor
- 20.14 – Accident–Insured Participating in an Assault
- 20.15 – Injury from Accidental Means–Definition
- 20.16 – Accident–Loss Caused by Disease
- 20.17 – Answers in an Application–Basis for Policy
- 20.18 – Misrepresentation–Intent to Deceive
- 20.19 – Misrepresentation–Increased Risk of Loss
- 20.20 – Misrepresentation–Motive
- 20.21 – Misrepresentation–Decreased Life Expectancy
- 20.22 – Misrepresentation–Disability or Illness Causing Death
- 20.23 – Misrepresentation–Material to the Hazard Assumed
- 20.24 – Misrepresentation–Insurer Would Not Have Issued or Would Have Rated-Up
- 20.25 – Plea of Tender
- 20.26 – Oral Contracts
- 20.27 – Application Is a Proposal for a Contract
- 20.28 – Elements of an Insurance Contract
- 20.29 – Counteroffer
- 20.30 – Insurer Estopped from Asserting That Issued Policy Was a Counteroffer
- 20.31 – Test in Construing Contract, Ambiguous Provisions of Policy, or Other Documents Used by Insurance Company Affecting Policy
- 20.32 – Conditions of Policy
- 20.33 – Delivery of Policy
- 20.34 – Agency
- 20.35 – Binding Receipts
- 20.37 – Bad Faith (Revised)
- 20.38 – Bad Faith–Inference of Actual Knowledge
- 20.39 – Bad Faith–Compensatory Damages
- 20.40 – Negligent Failure to Settle
- 20.41 – Negligent Failure to Settle–Factors
- 20.42 – Negligent Failure to Settle–Excess Verdict
- 20.43 – Bad Faith Failure to Settle–Defense Under Reservation-of-Rights
- 20.50 – Uninsured Motorist Insurance Coverage–Elements of Plaintiff’s Case
- 20.51 – Definition of ÒUninsuredÓ
- 20.52 – Hit and Run Cases Where There Was Physical Contact with the Plaintiff
- 20.53 – Hit and Run Case Where There Was No Physical Contact Between the Unknown Vehicle and the Plaintiff
- 20.54 – A Case in Which Both the Uninsured Motorist and the Insurance Carrier Are Parties Defendant
- 20.55 – Damages–Insurance Company
- 20.56 – Misrepresentation After Loss
- 20.57 – Misrepresentation After Loss–Value of Property
- 20.58 – Insurance–Arson by Insured
- 20.59 – Insurance–Underinsured Motorist Insurance Coverage–Elements of Plaintiff’s Case
- 20.60 – Insurance–Cases Where the Underinsured Motorist and the Underinsured Carrier Both Are Parties Defendant or the Insurance Carrier Is in the Case by Way of Intervention and Elects to Participate in the Trial
- 20.62 – Insurance–Cases Involving Either a Cross-Claim by the Insurance Company Against the Underinsured or a Third-Party Action Against the Underinsured
- 21.00 – Introductory Matters
- 21.01 – Plaintiff’s Negligence Claim–General Denial
- 21.02 – Plaintiff’s Wanton-Willful Claim–General Denial
- 21.03 – Plaintiff’s Negligence Claim–Defense of Contributory Negligence
- 21.04 – Negligence Claim–Counterclaim with Issue of Contributory Negligence
- 21.05 – Counterclaim Based on Contract
- 22.01 – Creation of Relationship of Landlord and Tenant
- 22.02 – Landlord’s Liability in Absence of Agreement to Repair–Latent Defects
- 22.03 – Landlord’s Liability for Injury or Damage Occurring in Common Ways
- 22.04 – Landlord’s Liability for Voluntary Repair
- 22.05 – Landlord’s Liability for Personal Injury or Property Damage Resulting from Breach of a Contract to Repair
- 23.00 – Definition: Defamation (Libel or Slander)
- 23.01 – Definition: Libel and Slander
- 23.02 – Meaning: Construction of Words
- 23.03 – Meaning: Entire Publication
- 23.04 – Proof: False Statement
- 23.05 – Proof: Defamatory Statement
- 23.06 – Proof: of and Concerning the Plaintiff
- 23.07 – Proof: Publication
- 23.08 – Proof: Fault
- 23.09 – Fault (Private Figure Plaintiff): Negligence
- 23.10 – Fault (Public Figure/Official Plaintiff): Actual Malice
- 23.11 – Corporate Responsibility for Libel or Slander
- 23.12 – Privilege: Absolute Privilege
- 23.13 – Conditional Privilege
- 23.14 – Compensatory Damages: Definition and Purpose
- 23.15 – Compensatory Damages: Actual Injury (Libel/Slander Per Se)
- 23.16 – Compensatory Damages: Nominal Damages (Libel/Slander Per Se)
- 23.17 – Compensatory Damages: Presumed (Libel Per Se)
- 23.18 – Compensatory Damages: Presumed (Slander Per Se)
- 23.19 – Compensatory Damages: Special Damages (Libel Per Quod)
- 23.20 – Compensatory Damages: Special Damages (Slander Per Quod)
- 23.21 – Punitive Damages: Definition and Purpose
- 23.22 – Punitive Damages: Retraction Within Ten Days (Libel or Slander)
- 23.23 – Punitive Damages: Libel
- 23.24 – Punitive Damages: Slander
- 23.25 – Punitive Damages: Slander (Private Figure Plaintiff and Matter of Purely Private Concern)
- 23.26 – Damages Mitigated: Retraction
- 23.27 – Slander of Title
- 24.00 – Introduction–Criminal Case
- 24.01 – Criminal Case–Issues and Burden of Proof
- 24.02 – Criminal Case–Elements of Proof
- 24.03 – Criminal Case–Malice and Probable Cause–Introduction
- 24.04 – Criminal Case–Malice Defined
- 24.05 – Criminal Case–Probable Cause–Definition
- 24.06 – Introduction–Civil Case
- 24.07 – Civil Case–Issues and Burden of Proof
- 24.08 – Civil Case–Elements of Proof
- 24.09 – Civil Case–Malice and Probable Cause–Introduction
- 24.10 – Civil Case–Malice Defined
- 24.11 – Civil Case–Probable Cause–Definition
- 24.12 – Criminal or Civil Case–Reliance on Advice of Counsel
- 24.13 – Criminal Case–Elements of Proof–Terminated in Favor of the Plaintiff–Plea of Guilty–Nolle Prosequi–Criminal Charge Dismissed by Settlement of Compromise Agreement
- 24.14 – Criminal Case–Probable Cause–Rebuttable–Conviction Which Is Vacated or Reversed on Appeal
- 24.15 – Criminal Case–Probable Cause–Rebuttable–Conviction Later Vacated or Reversed and Plaintiff Acquitted on New Trial
- 24.16 – Criminal Case–Probable Cause–Rebuttable–Warrant by Defendant, Conviction in Recorder’s Court–Acquittal on Appeal in Circuit Court
- 24.17 – Criminal Case–Probable Cause–Rebuttable–Grand Jury Indictment–State Nol-Prossed and Dismissed in Circuit Court
- 24.18 – Criminal Case–Probable Cause–Rebuttable–Warrant by Defendant(s)–Convicted District Court–Nol-Prossed by District Attorney on Appeal to Circuit Court
- 24.19 – Criminal Case–Probable Cause–Rebuttable–(Warrant Taken by Defendant and/or)–Grand Jury Indicted–Plaintiff Acquitted at Trial
- 24.20 – Criminal Case–Probable Cause–Rebuttable–Warrant by Defendant–Guilty Plea in Lower Court–Nolle Prosequi–After Compromise or Settlement
- 24.21 – Criminal Case–Want of Probable Cause–Discharged on Preliminary Trial by a Committing Magistrate or When Grand Jury Failed to Indict
- 24A.00 – Abuse of Process–Definition
- 24A.01 – Abuse of Process–Issues and Burden of Proof
- 24A.02 – Abuse of Process–Elements of Proof
- 24A.03 – Abuse of Process–Malice Defined
- 24A.04 – Abuse of Process–Ulterior Purpose Defined
- 25.00 – Medical Malpractice; Elements of Proof
- 25.01 – Standard of Care for Physician
- 25.02 – Standard of Care for Hospital
- 25.03 – Standard of Care for Healthcare Providers
- 25.04 – Proof of Standard of Care
- 25.05 – Burden of Proof–Substantial Evidence
- 25.06 – Duty of Doctor to Patient–Abandonment or Withdrawal
- 25.07 – Duty of Doctor to Patient–Alternative Methods of Treatment
- 25.08 – Duty of Doctor to Patient–No Guarantee of Cure
- 25.09 – Consent to Emergency Medical Treatment
- 25.10 – Informed Consent
- 25.11 – Fraudulent Concealment
- 25.12 – Implied Consent
- 25.13 – Duty of Hospital for Defective Instruments and Equipment
- 25.14 – Hospital Liability for Granting or Continuing Privileges of Health Care Provider (as Independent Contractor)
- 25.15 – Definition of Treatment
- 25.21 – General Charge (Alabama Medical Liability Act of 1987)
- 25A.00 – Malpractice–Attorneys General Charge
- 25A.01 – Malpractice–Duty of Attorney to Client
- 25A.02 – Malpractice–Duty of Attorney to Client–Legal Specialist
- 25A.03 – Malpractice–Duty of Attorney to Client–No Guarantee of Results
- 25A.04 – Malpractice–Duty of Attorney to Client–Attorney’s Services Limited in Scope
- 25A.05 – Malpractice–Legal Service Liability Action Based on Negligence–Elements
- 25A.06 – Malpractice–Legal Service Liability Action Based on Misrepresentation– Elements
- 26.00 – Duty Owed by Operator of Motor Vehicle
- 26.01 – Duty Owed by Driver to Guest
- 26.02 – Duty Owed by Driver to Passenger
- 26.03 – Duty Owed to Trespasser
- 26.04 – Passenger–Definition
- 26.05 – Guest–Definition
- 26.06 – Duty of Passenger or Guest
- 26.07 – Passenger or Guest–Where It Is a Jury Question
- 26.08 – Duty to Keep a Lookout
- 26.09 – Duty of Driver to Blind Pedestrian
- 26.11 – Violation of Rules of the Road–Negligence Per Se
- 26.12 – Violation of Rules of the Road–Prima Facie Evidence of Negligence
- 26.13 – Presumptions Arising from Ownership
- 26.14 – Mechanical Failure
- 26.15 – Assumption Others Will Obey Law
- 26.16 – Negligence–Entrustment of Motor Vehicle to Another
- 26.17 – Imputed Negligence of Driver
- 26.18 – Imputed Wantonness of Driver
- 26.19 – Violation of Rules of the Road–Contributory Negligence Per Se
- 26.20 – Police Officers–Liability for Damages in High Speed Chase–Standard of Care
- 26.20.1 – Ê Police Officers–High Speed Chase–No Responsibility for Act of the Offender
- 26.21 – Driver’s Duty–Vision Impaired
- 26.22 – Driver–Sudden Loss of Consciousness
- 26.24 – Contributory Negligence of Passenger
- 26.25 – Motor Vehicles–Guest Statute–Misrepresentation
- 26.26 – Motor Vehicles–Guest Statute–Protest of Guest
- 26.27 – Motor Vehicles–Duty of Driver to Small Child
- 26.28 – Failure to Wear Seat Belt Not Contributory Negligence
- 26.29 – Skidding–Negligence
- 27.00 – Action for Damage for Negligent Failure to Maintain Public Ways in a Reasonably Safe Condition
- 27.01 – Duty of Municipality
- 27.02 – Burden of Proof on General Denial
- 27.03 – Assumption Public Ways Are Reasonably Safe
- 27.04 – Defense of Contributory Negligence
- 27.05 – Contributory Negligence–Defects Known to Pedestrian–Forgetfulness
- 27.06 – Contributory Negligence–Appreciation of Danger
- 27.07 – Duty of Municipality to Provide Guardrails or Barriers
- 27.08 – Municipal Assessment Appeal
- 27.09 – Liability for Negligent Construction or Maintenance of Drainage System
- 28.00 – Negligence–Elements of Liability
- 28.01 – Negligence–Definition
- 28.02 – Findings–One Plaintiff, One Defendant
- 28.03 – Findings–One Plaintiff, One Defendant
- 28.04 – Combined and Concurrent Causes
- 28.05 – Concurring and Combining Negligence of Defendants
- 28.06 – Concurring and Combining Negligence of Defendant with a Third Person
- 28.07 – Subsequent Negligence
- 28.08 – Joint and Several Liability
- 28.09 – Imputed Negligence of Husband and Wife
- 28.10 – Negligence of Parent Not Imputed
- 28.11 – Child Under 7 Years of Age
- 28.12 – Child Between 7 and 14 Years of Age
- 28.13 – Child 14 Years of Age and Over
- 28.14 – Voluntary Intoxication
- 28.15 – Sudden Emergency
- 28.16 – Assumption Others Will Obey Law
- 28.17 – Duty Owed by Volunteers (Good Samaritan Rule)
- 28.17(a) – Negligence–Liability for Assumed Duty
- 28.18 – Act of God
- 28.20 – Negligence–Entrustment of Chattel to Another
- 28.21 – Negligence–Simple–Res Ipsa Loquitur
- 28A.00 – Negligence–Elements of Liability
- 28A.01 – Negligence–Definition
- 28A.02 – Combined and concurrent causes of defendant with a third person
- 28A.03 – Combined and concurrent causes–Multiple defendants
- 28A.04 – Subsequent negligence
- 28A.05 – Parent’s negligence not imputed to child
- 28A.06 – Child under 7 years old
- 28A.07 – Child between 7 and 14 years old
- 28A.08 – Child 14 years old and over
- 28A.09 – Voluntary intoxication
- 28A.10 – Sudden Emergency
- 28A.11 – Assumption others will obey the law
- 28A.12 – Duty owed by volunteers (good samaritan rule)
- 28A.13 – Liability for assumed duty to supervise minors
- 28A.14 – Act of god
- 28A.15 – Negligent entrustment–Action by third party
- 28A.16 – Res ipsa loquitur
- 28A.17 – Findings–One plaintiff one defendant
- 29.00 – Wantonness–Definition
- 29.01 – Willfulness Distinguished
- 29.02 – Imputed to Principal or Master
- 29.03 – Willfulness–Definition
- 29.05 – Outrage
- 30.00 – Definition
- 30.01 – Burden of Proof
- 30.02 – Effect of Contributory Negligence on Simple Negligence
- 30.02A – Effect of Contributory Negligence (Wantonness, Willfulness)
- 30.03 – Subsequent Contributory Negligence
- 30.04 – Voluntary Intoxication
- 30.05 – Assumption of Risk–Elements
- 30.06 – Child Under 7 Years of Age
- 30.07 – Child Between 7 and 14 Years of Age
- 30.08 – Child 14 Years of Age and Over
- 30A.00 – Contributory negligence
- 30A.01 – Subsequent contributory negligence
- 30A.02 – Voluntary intoxication
- 30A.03 – Assumption of the risk Ñ Elements
- 30A.04 – Child under 7 years old
- 30A.05 – Child between 7 and 14 years old
- 30A.06 – Child 14 years old and over
- 30A.07 – Contributory negligence per se
- 30A.08 – Contributory negligence of passenger
- 31.00 – Invitee–Definition
- 31.01 – Invitee–Duty Owed
- 31.01A – Invitee–Duty Owed–Open and Obvious Condition
- 31.01B – Invitee–Duty Owed–Condition of Floor
- 31.01C – Invitee–Duty Owed–Foreign Object or Substance on Floor–Constructive Notice
- 31.01D – Invitee–Duty Owed–Rain Water on Floor
- 31.02 – Invitee–Duty Where Invitation Exceeded
- 31.03 – Licensee–Definition
- 31.04 – Licensee–Duty Owed
- 31.05 – Social Guest–Definition
- 31.06 – Social Guest–Duty Owed
- 31.07 – Trespasser–Definition
- 31.08 – Trespasser–Duty Owed
- 31.10 – Trespass–By Disturbing Possession of Owner or Occupant
- 31.11 – Dangerous Instrumentality Doctrine
- 31.12 – Owners, Occupiers of Land–Dangerous Instrumentality Doctrine–Age of Child
- 31.50 – Nuisance–Definition
- 31.51 – Nuisance–Prescription–Defense
- 31.52 – Nuisance–Damages
- 31.53 – Nuisance–Pollution of Atmosphere
- 31.70 – Trespass–Real Property–Definition
- 31.72 – Trespass–Real Property–Burden of Proof
- 31.73 – Trespass–Real Property–Answer or Defense
- 31.74 – Trespass–Real Property–Invasion
- 31.75 – Trespass–Real Property–Wrongful Acts After Rightful Entry
- 31.76 – Trespass–Real Property–Damages–Nominal
- 31.79 – Trespass–Real Property–Damages–Permanent
- 31.80 – Trespass–Real Property–Damages–Continuous
- 31.81 – Trespass–Real Property–Damages–Regular
- 31.82 – Trespass–Real Property–Damages–Punitive
- 31.83 – Trespass–Real Property–Damages–Wantonness
- 31.85 – Real Property–Lateral Support–Definitions and Burden of Proof
- 31.86 – Trespass–Definition–Statutory for Trees, Etc.
- 31.88 – Trespass–Answer–Statutory Penalty for Trees, Etc.
- 31.89 – Trespass–Burden of Proof–Statutory Penalty for Trees, Etc.
- 31.90 – Trespass–Damages–Statutory Penalty for Trees, Etc.
- 31.91 – Abnormally Dangerous Activity–Explosives
- 31.92 – Abnormally Dangerous Activity–Explosives–Factors to Be Considered
- 31.93 – Landowner Immunity–Opening Land to the Public–Issue of Whether Use of Land Is for Non-Commercial Use
- 31.94 – Landowner Immunity–Opening Land to the Public for Non-Commercial Use–Issue of Defendants’ Knowing Failure to Guard or Warn
- 31.95 – Nuisance (Permanent)–Drainage or Diversion of Ground Water
- 31.96 – Landowner Liability for Injury to Contractor’s Employee
- 32.00 – Suit for Personal Injury Based on Negligence Which Involves a Product Not Inherently or Imminently Dangerous to Human Life or Health but Which Becomes So When Used in Its Ordinary or Customary Manner
- 32.01 – Manufacturer’s Liability to Remote Consumer for Negligence–Duty Owed–Definition
- 32.02 – Suit for Personal Injury Based on Breach of an Implied Warranty of Merchantability
- 32.03 – Suit for Property Damage Based on an Implied Warranty of Merchantability–Elements of Proof
- 32.04 – Suit for Personal Injury Based on Breach of an Implied Warranty of Fitness for a Particular Purpose Where Buyer Has Relied on the Skill and Judgment of Seller to Furnish Suitable Goods
- 32.05 – Suit for Personal Injury Based on Negligence Which Involves a Product Inherently or Imminently Dangerous to Human Life or Health–Elements
- 32.06 – Manufacturer’s Liability to Remote Consumer for Negligence–Obvious and Patent Danger
- 32.07 – Manufacturer’s Liability to Remote Consumer for Negligence–Duty to Warn
- 32.08 – General Charge
- 32.09 – Plaintiff’s Contentions
- 32.10 – Plaintiff–ÒUserÓ or ÒConsumerÓ
- 32.11 – Defendant–Manufacturer or Supplier
- 32.12 – Defect–Definition
- 32.13 – Definition–Substantial Change
- 32.14 – Causation
- 32.15 – Summary–Plaintiff’s Burden of Proof
- 32.16 – Causal Relation Defense for Distributors, Suppliers, and Retailers
- 32.17 – Assumption of Risk Defense–When the Product Is Unavoidably Unsafe
- 32.18 – Assumption of Risk Defense–When the Product Is Defective
- 32.19 – Contributory Negligence Defense in AEMLD Action
- 32.19.1 – Product Misuse Defense
- 32.20 – Summary–Defendant’s Burden of Proof
- 32.21 – Seller’s Liability for Manufacturer’s Express Warranty
- 32.22 – Crashworthiness–General Instructions Under AEMLD
- 32.23 – Crashworthiness–Instruction on Proximate Cause and Intervening Cause Under AEMLD
- 32.24 – Compliance with Federal Motor Vehicle Safety Standards
- 32.25 – AEMLD–Design Defect
- 32A.00 – Introduction Ñ Multiple counts
- 32A.01 – AEMLD Ñ Defect
- 32A.02 – AEMLD Ñ ÒUserÓ or ÒconsumerÓ
- 32A.03 – AEMLD Ñ Manufacturer or supplier
- 32A.04 – AEMLD Ñ Without substantial change
- 32A.05 – AEMLD Ñ Factual Elements
- 32A.06 – AEMLD Ñ Manufacturing defect Ñ Elements
- 32A.07 – AEMLD Ñ Design defect Ñ Elements
- 32A.08 – AEMLD Ñ Design defect Ñ Safer and practical alternative design
- 32A.09 – AEMLD Ñ Warning Ñ Elements
- 32A.10 – AEMLD Ñ Defense Ñ Introduction
- 32A.11 – AEMLD Ñ Defense Ñ No causal relation
- 32A.12 – AEMLD Ñ Defense Ñ Assumption of risk
- 32A.13 – AEMLD Ñ Defense Ñ Contributory negligence
- 32A.14 – AEMLD Ñ Defense Ñ Product misuse
- 32A.15 – Negligence Ñ Negligent design, manufacture, sale of a product
- 32A.16 – Negligence Ñ Definition
- 32A.17 – Negligence Ñ failure to warn
- 32A.18 – Breach of warranty Ñ Express warranty Ñ Elements
- 32A.19 – Breach of warranty Ñ Express warranty Ñ Definition
- 32A.20 – Breach of warranty Ñ Implied warranty of fitness for a particular purpose
- 32A.21 – Breach of warranty Ñ Implied warranty of merchantability
- 32A.22 – Compliance with federal motor vehicle safety standards
- 33.00 – Causation–Definition
- 33.01 – Combined and Concurrent Causes
- 34.01 – Public Crossings–Duty of a Train Operator in General
- 34.02 – Public Crossings–Statutory Duty of Train Operator Upon Approaching
- 34.03 – Public Crossings–Speed of Trains As Fixed by Ordinance
- 34.04 – Public Crossings–On Curve–Speed of Train
- 34.05 – Crossings at Which Injured Persons are Invitees
- 34.06 – Private Crossings–Duty of Train Operator
- 34.07 – Indefinite or Unclassified Crossings–Duty of Train Operator
- 34.08 – Trespasser–Walking Up or Down Railroad Tracks–Duty of Railroad
- 34.09 – Persons Lying or Sitting on Railroad Tracks–Duty of Railroad
- 34.10 – Persons Seen Approaching Railway Crossing–Duty of Train Operator
- 34.11 – Persons Seen in Peril–Specific Duty of Operator of Train
- 34.12 – Persons Intending to Cross a Railroad Track–General Duty As to Stopping, Looking and Listening
- 34.13 – Persons Approaching Railroad Track–Duty As to the Place Stop Should Be Made
- 35.00 – Violation of the Right of Privacy–General Charge
- 35.01 – Violation of Privacy–Measure of Damages
- 35.02 – Violation of Privacy–Punitive Damages
- 35.03 – Violation of the Right of Privacy–Intrusion Upon Solitude or Seclusion
- 35.04 – Violation of the Right of Privacy–Publicity Which Violates Ordinary Decency
- 35.05 – Violation of the Right of Privacy–False Light Invasion of Privacy
- 35.06 – Violation of the Right of Privacy–Commercial Misappropriation
- 36.00 – Bill to Quiet Title–Initial Burden of Proof–Plaintiff
- 36.01 – Bill to Quiet Title–Burden of Proof–Defendant
- 36.02 – Bill to Quiet Title–Burden of Proof–Plaintiff
- 36.03 – Bill to Quiet Title–Peaceable Possession–Definition
- 36.04 – Bill to Quiet Title–Actual Possession–Definition
- 36.05 – Bill to Quiet Title–Constructive Possession–Definition
- 36.06 – Bill to Quiet Title–Presumption of Constructive Possession from Legal Title
- 36.09 – Bill to Quiet Title–Color of Title–Definition
- 36.10 – Bill to Quiet Title–Descent Cast–Definition
- 36.11 – Bill to Quiet Title–Plaintiff’s Verdict
- 36.12 – Bill to Quiet Title–Plaintiff’s Modified Verdict
- 36.13 – Bill to Quiet Title–Verdict of Dismissal
- 36.14 – Bill to Quiet Title–Defendant’s Verdict
- 36.20 – Introductory Statement on Appeal
- 36.22 – Forcible Entry and Detainer–Issues
- 36.23 – Forcible Entry and Detainer–Burden of Proof
- 36.24 – Forcible Entry and Detainer–Entry Peaceable–Burden of Proof
- 36.25 – Unlawful Detainer–Issues
- 36.26 – Unlawful Detainer–Burden of Proof
- 36.27 – Unlawful Detainer–Termination of Possessory Interest or Notice to Quit–Definition
- 36.28 – Unlawful Detainer–Termination of Possessory Interest–Stipulation
- 36.29 – Unlawful Detainer–Termination of Possessory Interest–Term Expired by Words of Lease
- 36.30 – Unlawful Detainer–Termination of Possessory Interest–Tenant Disavows Tenancy
- 36.31 – Unlawful Detainer–Termination of Possessory Interest–Tenant at Will–Ten Day Notice
- 36.32 – Unlawful Detainer–Termination of Possessory Interest–Tenancy by the Month–Ten Day Notice
- 36.33 – Unlawful Detainer–Termination of Possessory Interest–Default of Terms of Lease–Ten Day Notice
- 36.34 – Unlawful Detainer–Written Demand for Delivery of Possession
- 36.35 – Statute of Limitations
- 36.36 – Damages–General
- 36.37 – Damages–Rent or Detention
- 36.38 – Damages–Double Annual Rent and Special Damages
- 36.39 – Damages–Value of Rent Pending Appeal
- 36.40 – Verdict for the Plaintiff
- 36.41 – Verdict for the Defendant
- 36.50 – Possession Wrongfully Withheld–Introductory Statement on Appeal
- 36.51 – Possession Wrongfully Withheld–Removal
- 36.52 – Possession Wrongfully Withheld–Definition
- 36.53 – Possession Wrongfully Withheld–Issues
- 36.54 – Possession Wrongfully Withheld–Arrest of Proceedings by Defendant
- 36.55 – Possession Wrongfully Withheld–Burden of Proof
- 36.56 – Possession Wrongfully Withheld–Termination of Possessory Interest or Notice to Quit
- 36.57 – Possession Wrongfully Withheld–Demand for Possession
- 36.58 – Possession Wrongfully Withheld–Rent Pending Appeal
- 36.59 – Possession Wrongfully Withheld–Verdict for Plaintiff
- 36.60 – Possession Wrongfully Withheld–Verdict for Defendant
- 36.70 – Use and Occupation–Definition
- 36.71 – Burden of Proof–Demise by Deed or by Parol
- 36.72 – Burden of Proof–Defendant Let into Possession
- 36.73 – Burden of Proof–Tenant Remains on Land by Sufferance of Owner
- 36.74 – Burden of Proof–Possession Unlawfully
- 36.75 – Burden of Proof–Defendant Estopped
- 36.76 – Answer
- 36.77 – Damages–General
- 36.78 – Damages–Double Value of Customary Rent
- 36.79 – Verdict for the Plaintiff
- 36.80 – Verdict for the Defendant
- 36.90 – Furnishing Liquor to Minors–Right of Action
- 36.91 – Furnishing Liquor to Minors–Plaintiff’s Burden of Proof
- 36.92 – Dram Shop Law–Definition of Right of Action
- 36.93 – Dram Shop Law–Plaintiff’s Burden of Proof
- 36.94 – To Declare an Adult in Need of Protective Services
- 36.95 – To Declare Subject to Be of Unsound Mind
- 36.100 – Railroad–Responsibility for Cattle Guards and Crossings
- 36.101 – Family and Medical Leave Act–General Instruction
- 36.102 – Family and Medical Leave Act–Elements
- 36.103 – Family and Medical Leave Act–Retaliation
- 36.104 – Familyand Medical Leave Act–Damages
- 36.105 – Family and Medical Leave Act–Health Insurance Coverage
- 36.106 – Family and Medical Leave Act–Definition of Serious Health Condition
- 36.107 – Family and Medical Leave Act–Limitation on Benefits
- 36.108 – Family and Medical Leave Act–Length of FMLA Leave
- 36.109 – Family and Medical Leave Act–Exception to Restoration to Former Position
- 37.00 – Introduction–Forms of Verdict
- 37.01 – Quotient Verdicts
- 37.02 – Non-Unanimous Verdict by Agreement
- 37.03 – One Plaintiff–One Defendant (with No Counterclaim)
- 37.04 – One Plaintiff–One Defendant (with Counterclaim)
- 37.05 – One Defendant, Multiple Claims Indivisible Damages
- 37.05A – One Defendant, Multiple Claims Divisible and Separate Damages
- 37.05B – Multiple Defendants, Multiple Claims Indivisible Damages
- 37.05C – Multiple Defendants, Multiple Claims Divisible and Separate Damages
- 37.06 – Multiple Plaintiffs Under Rule 20, Alabama Rules of Civil Procedure
- 37.07 – General Verdict with Interrogatories
- 37.08 – Special Interrogatories
- 37.09 – Counts in Tort and Contract
- 37.10 – Detinue–Plaintiff in Possession of Property
- 37.11 – Detinue–Defendant in Possession of Property
- 37.12 – Ejectment–Verdict Form–Plaintiff–Defendant
- 37.13 – Ejectment–When Defendant Suggests Adverse Possession–Improvements
- 37.14 – Verdict Sustaining Will
- 37.15 – Eminent Domain
- 37.16 – Actions Based on Tort and Actions for Personal Injury Based on Breach of Contract
- 37.17 – Wrongful Death Claim When Combined with Claims for Injuries Sustained Prior to Death
- 38.00 – Will Contest–General Procedure
- 38.01 – Will Contest–Preliminary Instructions to Jury
- 38.02 – Will–Definition–Due Execution
- 38.03 – Contest Based Upon Lack of Due Execution–Burden of Proof
- 38.04 – Mental Capacity–Definition
- 38.05 – Mental Capacity–Burden of Proof
- 38.06 – Mental Capacity–Burden of Proof–Habitual or Fixed Insanity
- 38.07 – Mental Capacity–Insane Interval–Burden of Proof
- 38.08 – Habitual, Fixed or Permanent Insanity–Shift of Burden of Proof
- 38.09 – Contest Based on Undue Influence
- 38.10 – Presumption of Undue Influence from Confidential Relationship
- 38.11 – Presumption of Undue Influence
- 38.12 – Contest Based on Fraud–Where No Confidential Relationship Exists
- 38.13 – Fraud and Undue Influence Distinguished
- 38.14 – Unequal, Unjust or Unnatural Disposition
- 38.15 – Prima Facie Presumption of Undue Influence–Burden Then on Proponent to Prove No Undue Influence
- 39.00 – General Definition
- 39.00A – Burden of Proof
- 39.01 – Measure of Compensatory Damages
- 39.02 – Damages–Punitive
- 39.04 – Defense–Gift
- 39.05 – Return of Property–Mitigation of Damages
- 40.01 – Account–Definition and Burden of Proof
- 40.02 – Account–Measure of Damages Generally
- 40.03 – Account–Measure of Damages for Merchandise Sold
- 40.10 – Account Stated–Definition
- 40.11 – Accounts Stated–Express Promise to Pay
- 40.12 – Account Stated–Implied Promise to Pay
- 40.13 – Account Stated–Denial of Liability
- 40.14 – Account Stated–Measure of Damages
- 40.20 – Money Had and Received–Definition
- 40.21 – Money Had and Received–Measure of Damages
- 40.30 – Money Lent–Definition and Burden of Proof
- 40.31 – Money Lent–Measure of Damages
- 40.40 – Money Paid–Definition
- 40.41 – Money Paid–Measure of Damages
- 40.50 – Work and Labor–Definition
- 40.51 – Work and Labor–Near Relatives
- 40.52 – Work and Labor–Measure of Damages for Implied Contract
- 40.60 – Common Count Based on Express Contract–Fully Performed Except Payment
- 40.61 – Common Count–Full Performance of Express Contract by Plaintiff–Measure of Damages
- 40.62 – Common Count Based on Partial Performance of Express Contract–Acceptance of Benefits
- 40.63 – Common Count Based Upon Partial Performance of Express Contract–Breach or Recission by Defendant
- 40.64 – Common Count Based on Partial Performance of Express Contract–Abandonment by Mutual Consent
- 40.65 – Common Count–Partial Performance of Express Contract–Measure of Damages
- 41.01 – Defense of Intoxication of the Employee
- 41.02 – Defense of Willful Failure or Refusal to Use Safety Appliances Provided by the Employer
- 41.04 – Action Against Co-Employees, Workmen’s Compensation Insurance Carriers, Labor Unions or Persons or Firms Responsible for Servicing and Payment of Workers’ Compensation Claims Under Alabama Code Section 25-5-11 (1975)
- 41.05 – Wrongful Discharge–Burden of Proof
- 41.06 – Retaliatory Discharge
- 41.07 – Action Against Employer for Termination Solely Because the Employee Has Filed a Notice of Violation of a Safety Rule Based on Alabama Code ¤25-5-11.1
- 41.08 – Wrongful Termination–Constructive Discharge
- 42.01 – Liability of Employer–Employer Liability–General Provisions
- 42.02 – Liability of Employer–Delegation of Employer Duty to Supervisory Personnel
- 43.00 – Civil Conspiracy–Definition
- 43.01 – Civil Conspiracy–Evidentiary Proof Required
- 43.02 – Civil Conspiracy–Profit of Each Defendant Need Not Be Shown
- 50.4.1 – Wrongful Dishonor of Check
- 50.4.2 – Payment Despite Stop Order
- 50.4.3 – Depositor Sues Defendant Bank to Have His Account Recredited for Amount of Forged or Altered Check on His Account Paid by the Bank
- 50.4.4 – Section 7-4-406–Customer’s Duty to Discover and Report Unauthorized Signature of Alteration
- 51.00 – Waiver
- 51.01 – Estoppel
- 52.00 – Definition of Account
- 52.01 – Agent
- 52.02 – Agent–Death of Account Owner
- 52.03 – Death of Account Owner(s)–Rights of Beneficiaries
- 52.04 – Alteration of Pod Accounts
- 52.05 – Creditors Claims Against Beneficiaries of Pod Accounts
- 60.01 – Appeal Seeking Variance
- 60.02 – Zoning Classification
- 69.01 – Common Law Marriage–Definition
- 69.02 – Common Law Marriage–Elements
- 70.01 – Introduction
- 70.02 – Issue
- 70.03 – Burden of Proof
- 70.04 – Time of Conception
- 70.05 – Presumption of Paternity of Child Born During a Marriage or Within 300 Days After the Marriage Is Terminated
- 70.06 – Presumption of Paternity Arising from an Attempted Marriage of the Mother and Defendant Before the Child’s Birth
- 70.07 – Presumption of Paternity Arising from an Attempted Marriage of the Mother and Defendant After the Child’s Birth
- 70.08 – Statute of Limitations Where There Is a Presumption of Paternity Based on a Marriage Ground
- 70.09 – Presumption of Paternity from Defendant’s Holding Out a Minor Child As His Own
- 70.10 – Presumption of Paternity Because of Legitimation Statute Acknowledgment of Paternity by the Defendant–Where No Factual Conflict As to Compliance with That Statute
- 70.11 – Presumption of Paternity Because of Acknowledgment of Paternity by the Defendant Per the Legitimation Statute–Where There Is Factual Conflict As to Compliance with That Statute
- 70.12 – Presumption of Paternity Because of Acknowledgment of Paternity by the Defendant Per the Legitimation Statute–Where Defendant’s Defense Is That Acknowledgment Was Invalid
- 70.13 – Rebuttal of Presumption by Court Judgment
- 70.14 – Verdict Forms
- 80.01 – Definition
- 80.02 – Creation: Determination of Whether Partnership Exists
- 80.03 – Continuation After Termination of Term
- 80.04 – A Partner’s Interest and Rights in Partnership
- 80.04A – Effect of Assignment of Partnership Interest
- 80.05 – Partnership Property
- 80.06 – Death or Retirement of a Partner: Rights Resulting
- 80.07 – Conveyance of Real Property
- 80.08 – Rights of a Partner
- 80.09 – Partners As Agents of Partnership
- 80.10 – Partner As Fiduciary
- 80.11 – Joint and Several Liability of Partners
- 80.12 – Liability of Partner by Estoppel
- 80.13 – Liability of Partner for Obligations Before Admission to Partnership
- 80.14 – Dissolution–Definition
- 80.15 – Dissolution–Causes
- 80.16 – Court-Ordered Dissolution
- 80.17 – Authority of Partner to Bind After Dissolution
- 80.18 – Partnership Not Bound After Dissolution
- 80.19 – Right to Wind-Up
- 80.20 – Right to Partnership Property Upon Dissolution
- 80.21 – Rights of Partners Who Have Not Wrongfully Caused Dissolution
- 80.22 – Order of Payment of Partnership Liabilities
- 80.50 – Definition and Name
- 80.51 – Partner’s Right to Inspection of Records
- 80.52 – Certificate of Cancellation
- 80.53 – Admission of General Partners and Limited Partners
- 80.54 – Reliance on False Statement in Certificate
- 80.55 – Liability to Third Parties
- 80.56 – Right of Partners in Profits and Losses
- 80.57 – Withdrawal of General Partner
- 80.58 – Withdrawal of Limited Partner
- 80.59 – Contributions to Limited Partnership
- 80.60 – Nature of Partnership Interest
- 80.61 – Assignment of Limited Partnership Interest
- 80.62 – Dissolution of Limited Partnership