Ark. Model Jury Instr., Civil AMI 414
Arkansas Model Jury Instructions-Civil
November 2020 Update
Chapter 4. Intentional Torts and Defamation
AMI 414 Definition—Probable Cause
“Probable cause” means the existence of facts or credible information that would induce a person of ordinary caution to believe that the person [accused][against whom civil proceedings are (initiated) (continued)] is [guilty of the crime][liable for the conduct] with which [he][she] was charged.
NOTE ON USE
Use this instruction where AMI 412 is given.
Select the appropriate bracketed phrase, depending upon whether the prior proceeding was civil or criminal.
Probable cause, in the context of malicious prosecution, is defined in Cordes v. Outdoor Living Center, Inc., 301 Ark. 26, 781 S.W.2d 31 (1989); and Kellerman v. Zeno, 64 Ark. App. 79, 983 S.W.2d 136 (1998).
For analysis of the probable cause element, see Coombs v. Hot Springs Village Property Owners Ass'n, 98 Ark. App. 226, 254 S.W.3d 5 (2007). See also Wal-Mart Stores, Inc. v. Binns, 341 Ark. 157, 15 S.W.3d 320 (2000) (reversing trial court's denial of defendant's directed verdict motion based on insufficient evidence of probable cause or malice).
© 2020 Arkansas Supreme Court Committee on Jury Instructions-Civil
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