Texas PJC Malpractice 2022

PJC 72.9

J OINT AND S EVERAL L IABILITY

A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record. Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 72.9 tracks a provision of the Texas Penal Code (Tex. Penal Code §32.21), as provided for in the Texas Civil Practice and Remedies Code. Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(H). Name of person or entity. Because the statute requires that Don Davis act in con cert with another, the name of each person or entity with whom or with which Don Davis acted in concert must be inserted as set forth in the bracketed portions above. Accompanying definitions and instructions. Proximate cause should be defined in the charge, as it is incorporated into all questions in this chapter. See PJC 50.1–50.3, 60.1, 65.4, and 70.2. “Person” means an individual or a corporation, an association, a limited liability company, or another entity or organization governed by the Texas Business Organizations Code. Tex. Penal Code §1.07. For the definition of “govern ment record,” see Tex. Penal Code § 37.01(2). In an appropriate case, submit only the specific definitions for the offense that are supported by the evidence.

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