M Civ JI 115.20 Assault - Burden of Proof

Plaintiff has the burden of proving:

(a) that defendant made an intentional and unlawful threat or offer to do bodily injury to the plaintiff

(b) that the threat or offer was made under circumstances which created in plaintiff a well-founded fear of imminent peril

(c) that defendant had the apparent present ability to carry out the act if not prevented

Your verdict will be for plaintiff if the plaintiff has proved all of those elements (and the defendant has failed to prove the defense of [ describe defense ]). Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

History

M Civ JI 115.20 was added September 1982. Amended January 2020.