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AMI 2705 Defense—Imputed Liability—Securities Fraud

Arkansas Supreme Court Committee On Jury Instructions-Civil

Ark. Model Jury Instr., Civil AMI 2705
Arkansas Model Jury Instructions-Civil
November 2021 Update
Arkansas Supreme Court Committee On Jury Instructions-Civil
Chapter 27. Securities Fraud
AMI 2705 Defense—Imputed Liability—Securities Fraud
As a defense, [defendant] contends and has the burden of proving that [he][she] did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.
[If you find from the evidence in this case that [plaintiff] has proved each of the propositions essential to [his][her][its] claim and that [defendant] has failed to prove the contention 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 essential propositions has not been proved by [plaintiff] or that [defendant] has proved the proposition supporting [his][her][its] defense, then your verdict should be for [defendant].]
NOTE ON USE
If used, this instruction should immediately follow AMI 2704, and the last bracketed paragraph of that instruction should be omitted.
COMMENT
This instruction is based on Ark. Code Ann. § 23-42-106(c).
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