New Jersey Lemon Law Lawyer Blog
This is a list of questions that a jury might have to answer at the end of a trial:
1. Do you find by a preponderance of the evidence that the Defendant committed any unconscionable commercial practice, deception, fraud, false pretense, false promise or misrepresentation as I have defined in connection with the transaction involving the sale of the subject vehicle?
YES _______ NO _______ VOTE ________
2. Do you find by a preponderance of the evidence that the Defendant knowingly concealed, suppressed or omitted any material fact as I have defined those terms in connection with the transaction involving the sale the vehicle, with the intent to deceive the Plaintiff?
3. YES _______ NO _______ VOTE ________
If 1 AND 2 were answered no please stop.
If you answered yes to 1 OR 2 please go to # 4
4. Did Defendant’s conduct proximately cause any damages to Plaintiff?
YES _______ NO _______ VOTE ________
If your answer is “YES”, proceed to the next question. If you answer is “NO”, proceed to question 6.
5. What amount of money, if any, will fairly compensate Plaintiff for ascertainable losses resulting from defendant’s conduct?
$___________ VOTE ___________
Please go to # 6 and continue the deliberations.
6. Do you find that the Plaintiff has established by clear and convincing evidence that:
a. Defendant made a false representation to the Plaintiff?
YES _______ NO _______ VOTE ________
If your answer is “YES”, proceed to the next question. If no, stop deliberations.
b. Defendant knew or believed the representation to be false?
YES _______ NO _______ VOTE ________
If your answer is “YES”, proceed to the next question. If no, stop deliberations.
c. Defendant intended to deceive Plaintiff?
YES _______ NO _______ VOTE ________
If your answer is “YES”, proceed to the next question.
If no, stop deliberations.
d. Plaintiff believed and justifiably relied upon the statement and was induced by it to proceed with the transaction involving the purchase of the vehicle?
YES _______ NO _______ VOTE ________
If your answer is “YES”, proceed to the next question. If no, stop deliberations.
e. Did the false misrepresentation by Defendant proximately cause any damages to Plaintiff?
YES _______ NO _______ VOTE ________
If your answer is “YES”, proceed to the next question. If no, stop deliberations.
7. NOTE: answer this question only if you answered “YES” to all of the questions 6 (a)-(e) above.
What amount of money, if any, will fairly compensate Plaintiff for losses proximately caused by Defendant’s fraudulent misrepresentations?
$ ____________ VOTE __________
Please return Jury verdict sheet now.