New Mexico Forms Library

Decision Information

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13-1631A. Justification offered; balance of factors.

            Defendant states that [he] [she] was justified in [acting] [failing to act] on the basis that ________________________ (insert statement of justification).

            Defendant's justification must be balanced to determine if it outweighs any motive of defendant to injure plaintiff. In determining whether defendant's [act] [failure to act] was justifiable or not under the circumstances, you must weigh the following factors:

            1. The nature and seriousness of the harm to the plaintiff;

            2. The fairness or unfairness of the means used by the defendant;

            3. Defendant's motive or motives; and

            4. The value to defendant or to society in general of the interests advanced by the defendant's conduct.

 

USE NOTES

            This instruction should be given with UJI 13-1631.

[Adopted, effective November 1, 1991.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.