1502. Wrongful Use Of Administrative Proceedings

1502. Wrongful Use of Administrative Proceedings Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court?s Motion Refused Withdrawn Judge Instruction No 1 [Name of plaintiff] claims that [name of defendant] wrongfully brought an administrative proceeding against [him/her/it]. To establish this claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] was actively involved in bringing [or continuing] the administrative proceeding; 2. That [name of administrative body] did not conduct an independent investigation; [3. That the proceeding ended in [name of plaintiff]?s favor;] [4. That no reasonable person in [name of defendant]?s circumstances would have believed that there were reasonable grounds to bring the proceeding against [name of plaintiff];] 5. That [name of defendant] acted primarily for a purpose other than succeeding on the merits of the claim; 6. That [name of plaintiff] was harmed; and 7. That [name of defendant]?s conduct was a substantial factor in causing [name of plaintiff]?s harm. [The law requires that the trial judge, rather than the jury, decide if [name of plaintiff] has proven element 3 above, whether the criminal proceeding ended in [his/her/its] favor. But before I can do so, you must decide whether [name of plaintiff] has proven the following: 1502. Wrongful Use of Administrative Proceedings Instruction No 1 Request by Plaintiff Request by Defendant Requested by Given as Proposed Given as Modified Given on Court?s Motion Refused Withdrawn Judge Instruction No 1 [List all factual disputes that must be resolved by the jury.] The special [verdict/interrogatory] form will ask for your finding on [this/these] issue[s].] [The law [also] requires that the trial judge, rather than the jury, decide if [name of plaintiff] has proven element 4 above, whether a reasonable person in [name of defendant]?s circumstances would have believed that there were there were reasonable grounds for bringing the proceeding against [name of plaintiff]. But before I can do so, you must decide whether [name of plaintiff] has proven the following: [List all factual disputes that must be resolved by the jury.] The special [verdict/interrogatory] form will ask for your finding on [this/these] issue[s].] New September 2003; Revised April 2008, October 2008