Section 12.7 Definitions

• Library: Civil Trial Practice 2015 Supp

D. (§12.7) Definitions

Certain words or phrases used in the instructions must be defined. These are generally ones that refer to legal concepts. For example, the instructions must tell the jury what “negligence,” “yield the right-of-way,” and “sound and disposing mind and memory” mean. See, e.g., MAI 11.02 [1996 Revision]; 14.02 [1978 Revision]; 15.01 [1969 New]. The Notes on Use are useful guides to what must be defined in the verdict-directing instructions and where to find the appropriate definitions.

Some words may have different meanings in different cases. “Negligent” or “negligence,” for example, has seven different meanings, depending on the nature of the case. See MAI Chapter 11. The appropriate definition will usually be fairly obvious, but counsel must be careful to analyze the case properly. For example, in Lopez v. Three Rivers Electric Cooperative, Inc., 26 S.W.3d 151 (Mo. banc 2000), the plaintiff was killed when a helicopter on which he was a passenger struck electric transmission lines strung across a river. The plaintiff submitted an instruction using the “highest degree of care” definition for negligence because electric companies are generally held to that...