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AMI 2702 Defenses—Securities Fraud

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2702
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 27. Securities Fraud
AMI 2702 Defenses—Securities Fraud
As a defense to the claim of [plaintiff], [defendant] contends and has the burden of proving:
A. That [defendant] did not know, and in the exercise of reasonable care could not have known, of the untruth or omission [or]
B. That [plaintiff] received a written offer before suit to refund the total amount paid together with interest at six percent (6%) per year from the date of payment less the amount of any income received on the security, and that [[plaintiff] failed to accept the offer within thirty (30) days of its receipt] [[plaintiff] did not reject the offer in writing within thirty (30) days of its receipt] [or]
C. That [plaintiff] in connection with the transaction at issue engaged in the performance of any contract in violation of a [statute][rule][or][and][order][or] [that [plaintiff] acquired any purported right under any such contract with knowledge of the facts by reason of which the contract's making or performance was in violation of a (statute)(rule)(or)(and)(order)].
[If you find from the evidence in this case that [plaintiff] has proved each of the [three][four] propositions essential to [his][her][its] claim, and that [defendant] has failed to prove the contention(s) supporting [his][her][its] defense, then your verdict should be for [plaintiff]; but if, on the other hand, you find from the evidence that any of the [three][four] propositions has not been proved by [plaintiff] or that [defendant] has proved a contention supporting [his][her][its] defense, then your verdict should be for [defendant].]
NOTE ON USE
If used, this instruction should immediately follow either AMI 2700 or 2701, and the last bracketed paragraph of that instruction should be omitted. Use the bracketed “four” if AMI 2700 is used, and use the bracketed “three” if AMI 2701 is used.
Use Paragraphs A, B, or C or the appropriate combination, according to the contentions and evidence in the case. If Paragraph B is utilized, include the first bracketed phrase if plaintiff owns the security and the second bracketed phrase if plaintiff no longer owns the security.
Do not use the last bracketed paragraph if the case is submitted on interrogatories.
COMMENT
This instruction is based on Ark. Code Ann. § 23-42-106(a)(1)(B), (b)(1), (f), and (g).
End of Document