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3.05 [1998 Revision] Burden of Proof-Libel or Slander-Plaintiff a Public Official or Public Figure
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Description
Instruction No 1 3.05 [1998 Revision] Burden of Proof--Libel or Slander--Plaintiff a Public Official or Public Figure In these instructions, you are told that your verdict depends on whether or not you believe certain propositions of fact submitted to you. The burden is upon plaintiff to cause you to believe that the evidence has clearly and convincingly established that the (describe the alleged libelous or slanderous statement, such as "newspaper article", "statement", etc.) referred to in the evidence was false and that defendant (describe the act of publication, such as "published the newspaper article", "wrote the letter", etc.) with knowledge that it was false or with reckless disregard for whether it was true or false at a time when defendant had serious doubt as to whether it was true. However, on all other propositions of fact, the burden is upon the party who relies upon any such proposition to cause you to believe that such proposition is more likely to be true than not true. In determining whether or not you believe any proposition, you must consider only the evidence and the reasonable inferences derived from the evidence. If the evidence in the case does not cause you to believe a particular proposition submitted, then you cannot return a verdict requiring belief of that proposition.