Free Judge Margaret B. Seymour Calendar Attachments - Sample Charges - South Carolina

Print

SAMPLE
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA _____________________ DIVISION

Plaintiff v. Defendant

) ) ) ) ) ) )

Civil Action No. ________________

JOINT REQUEST TO CHARGE NO . ____
The plaintiff's claim in this case is based upon three alternative theories: (1) negligence, (2) strict liability, and (3) breach of warranty. The plaintiff is not required to prove all three of these theories in order for him to recover. Proof of his claim under any one of these theories would enable you to find that he is entitled to a verdict in his favor.

Bragg v. Hi-Ranger, Inc., 462 S.E.2d 321 (S.C. Ct. App. 1995). Plaintiff agrees: _______ Defendant agrees: _______

SAMPLE

SAMPLE
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA _____________________ DIVISION

Plaintiff v. Defendant

) ) ) ) ) ) )

Civil Action No. ________________

PLAINTIFF 'S SUPPLEMENTAL REQUEST TO CHARGE NO . ____
"An employment contract for a definite term . . . generally continues until the expiration of the stated term, unless a right to terminate the contract sooner is reserved in the contract." 27 Am. Jur.2d Employment Relationship § 30 (1996). In this case, the term is one year, with automatic renewal terms of one year provided.

Authority: Contract, Par. 10(a). "This Agreement shall be in effect for an initial term of one (1) year from December 9, 1995 through December 8, 1996, and shall be automatically renewed for successive one (1) year terms thereafter, unless either party gives written notice to the other party of its intention to terminate this agreement, such notice to be given no later than ninety (90) days prior to the last day of the then-existing term." DEFENDANT'S OBJECTION: The last sentence of this instruction should be excised because it seeks to charge the facts of the case, Walker v. New Mexico & S.P.R. Co., 165 U.S. 593 (1897), and is not a complete statement of the contract provision. The contract automatically renews only if neither party gives notice of termination at least 90 days prior to the last day of the contract term. Plaintiff: Defendant: ________ ________

SAMPLE

SAMPLE
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA _____________________ DIVISION

Plaintiff v. Defendant

) ) ) ) ) ) )

Civil Action No. ________________

DEFENDANT 'S SUPPLEMENTAL REQUEST TO CHARGE NO . ____
The parties agree that there was a contract for services between them. The contract provided that "either party may terminate this Agreement immediately in the event of a material breach by either party."

PLAINTIFF'S OBJECTION First sentence is alright. Second sentence is a partial quote from Paragraph 10(b) of the contract, which needs to be quoted in full.

Plaintiff: Defendant:

________ ________

SAMPLE