Using these Instructions
Bold-faced titles and subheadings are
included to make the instructions easier to read and are not part of the
instruction.
Angle brackets and italicized text are
used to enclose directives to follow in customizing the charge. E.g., <insert
name of person injured>. Angle brackets are also used to refer to
other instructions that may contain some additional useful information.
E.g., <Insert Legal Cause, Instruction 3.1-1.>
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Alternative Choices
Parentheses are used to indicate that a choice between words or
phrases is necessary. This is most commonly used for gender-specific
pronouns, e.g., (he/she) or (his/her). It is also used when an
instruction offers several terms, not all of which may be applicable
to the case. If the choices are lengthy, such that stringing them
together in a single parentheses would be cumbersome to read, they
are separated into a bulleted list. For example,
These damages may consist of <include
as applicable:>
- direct damages (expectation,
reliance),
- liquidated damages,
- consequential damages,
- incidental damages,
all of which I will explain in a
moment.
Optional Language
Square brackets are used to indicate that a portion of the
instruction is optional. It will be preceded by an italicized
directive defining the circumstances under which the language would
be appropriate, unless it is clear from the language itself. For
example,
[<If the plaintiff has plead
in the alternative:> For you to find for the plaintiff under
this legal principle, you must first find that there was no
written or oral contract expressed in words and no contract
implied by conduct for <insert precise issue>. If you
find that there was no contract for <insert precise issue>
between the parties, you may consider whether the plaintiff is
entitled to recover under promissory estoppel.]
Note that square brackets in
commentary have their common meaning, i.e., the paraphrasing of
small portions of quoted material.
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