Wisconsin State Law Library

New Civil and Criminal Jury Instructions for July 2023 – Carol Hassler

The July 2023 release of the Civil and Criminal jury instructions are now available at https://wilawlibrary.gov/jury

Civil jury instruction updates include the following instructions. Download release 55 to update your print sets.

• NEW 430 A party's presence not required at trial
• 1090 Driver on Arterial Approaching Intersection: Lookout; Right of Way; Flashing Yellow Signal
• 1153 Right of Way: At Intersection with Through Highway
• 1155 Right of Way: At Intersections of Highways
• 1157 Right of Way: At Intersection of Highways: Ultimate Verdict Question
• 1158 Right of Way: To Pedestrian Crossing at Controlled Intersection
• 1160 Right of Way: To Pedestrian at Intersections or Crosswalks on Divided Highways or Highways Provided with Safety Zones
• 1165 Right of Way: To Pedestrian at Uncontrolled Intersection or Crosswalk
• 1190 Right of Way: Green Signal
• 1191 Duty of Driver Entering Intersection with Green Light in Driver's Favor: Lookout
• 1192 Duty of Driver Approaching Intersection When Amber Light Shows
• 1195 Right of Way: Left Turn at Intersection
• 1225 Right of Way: Pedestrian's Duty: Crossing at Controlled Intersection or Crosswalk
• 1354 Turn or Movement: Ascertainment that Turn or Movement Can Be Made with Reasonable Safety: Lookout
• 3028 Contracts Implied in Law (Unjust Enrichment)
• 8060 Adverse Possession Not Founded on Written Instrument (Wis. Stat. § 893.25)

Criminal jury instruction updates include the following instructions. Download release 62 to update your print sets.

• NEW 791 Coercion: Trafficking: Defense for a victim of § 940.302(2) or 948.051 - § 939.46(1m)
• NEW 791 Example Coercion: Trafficking: Defense for a victim of § 940.302(2) or 948.051 - § 939.46(1m)
• 600 Introductory Comment: Not Guilty by Reason of Mental Disease or Defect: Instructions for the "Bifurcated" Trial and Reexamination
• 700 Law Note: Theory of Defense Instructions
• 800 Privilege: Self-Defense: Force Less Than That Likely to Cause Death or Great Bodily Harm
• 801 Privilege: Self-Defense: Force Less Than That Likely to Cause Death or Great Bodily Harm: Crimes Involving Recklessness or Negligence
• 805 Privilege: Self-Defense: Force Intended or Likely to Cause Death or Great Bodily Harm
• 805A Law Note: Self-defense under § 939.48(1m)
• 820 Privilege: Self-Defense: Injury to Third Party Charged as Reckless or Negligent Crime
• 821 Privilege: Self-Defense: Unintended Harm to Third Party Charged as Intentional Crime
• 950 Privilege: Discipline by a Person Responsible for the Welfare of a Child
• 1021 First Degree Reckless Homicide
• 2114A Example Repeated Acts of Physical Abuse of a Child
• 2666A Operating a Motor Vehicle While Under the Influence of any Combination of an Intoxicant and any other Drug to a Degree that Renders Him or Her Incapable of Safely Driving
• SM-16 Collateral Attack on Prior Convictions
• SM-50 Competency to Proceed

Blank pages have been inserted to make double sided printing easier. File new and updated instructions, along with the updated statutory comparative table and index in your print set. Complete printable files of each instruction set and finding aids are also available for those who need to print a complete set. Download them at https://wilawlibrary.gov/jury

For information on the status of the Committee's work, please contact Bryce Pierson at bryce.pierson@wicourts.gov.

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Nutshell eBooks with Your Library Card – Carol Hassler

The library recently added several of West Academic's Nutshell Series to its eBook collection. All eBooks can be checked out with a Wisconsin State Law Library card. To check out a book, log in to Lexis Digital.

Search for "Nutshell" to browse all available books or type in a few words of the title you are trying to find.

Choose the Read button to borrow the book. You can read books, make annotations and notes that can be stored to your account, and track your favorite sections to review later. Check out some of our new eBooks with the links below!

• Alternative dispute resolution in a nutshell
• Torts in a nutshell
• Advanced torts in a nutshell
• Children and the law in a nutshell
• Evidence in a nutshell
• First amendment law in a nutshell
• Immigration law and procedure in a nutshell
• Legal drafting in a nutshell
• Right of publicity in a nutshell

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New Books – Kari Zelinka

New Edition! The special needs child and divorce: a practical guide to handling and evaluating cases, 2nd edition, by Margaret "Pegi" S. Price,  2022
Call Number: KF 547 .P75 2022

Unfortunately, families of children with special needs experience divorce at a higher rate than most. In this second edition, author and attorney Pegi Price draws from her many years of experience in handling divorce and family court cases with special needs children. She shares forms, checklists, sample language, and practice tips throughout the book that specifically address this group. Standard visitation schedules and child support guidelines often don't meet the needs of special needs children. Consider using this book as a guide to helping clients with special needs children. 

Topics include:

• How special needs can affect a child in a divorce case
• Legislation, case law, and parenting plans
• Model child support chart, parenting plan and modification
• Maintenance and property distribution in special needs cases
• Roles of the parties
• Estate planning for families with special needs

New Book! Effectively representing clients in family mediation, by Forrest S. Mosten and others, 2023
Call Number: KF 505.5 .M677 2023

This new book discusses advocating for mediation and being a mediator in many situations, such as court ordered mediation and online mediations. The authors address unbundling, an approach to packaging and delivering legal services. Collaborative lawyering and a peacemaker approach is at the heart of this new book by Forrest Mosten, Hon. Elizabeth Scully and Lara Traum. Check it out from the library today!

Chapters include:

• Expanding your practice by representing clients in mediation
• Family lawyer as dispute resolution manager
• Mediation confidentiality
• Building an agreement your client can live with
• Reviewing and drafting mediated agreements
• Preventing future conflict

 See our latest New Titles list for a list of new books and other resources.

For assistance in accessing these or other resources, please contact our Reference Desk.

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Tech Tip – Heidi Yelk

Researchers often rely on history notes and case law annotations in the official Wisconsin Statutes. Did you know that case law annotations are also compiled for the Wisconsin Administrative Code? This feature goes unnoticed because case citations are not shown in the notes section of the administrative code. Instead, they are found in a separately published table, "Wisconsin Appellate Court Citations to Administrative Code."

When the code was published in paper, this table was found in the last volume of the code. Today's code is an "electronic only" publication. Users can follow a direct link to the case law table. Another way to find this table is to choose the "Administrative Rules" link on the main page of the legislature's website and then select the Wisconsin Appellate Court citations link in the lower left corner of the page.

The annotations in the table date back to 1956. Links are provided to both the current code and the full-text court decisions through Google Scholar. Repealed or renumbered code sections are included in the table of court citations but are not hyperlinked.

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Library News – Carol Hassler

Fall Webinars

Webinars for Fall 2023 are now open. Registration for each webinar is limited to 100. Registrations will be approved weekly by the moderator. Once your registration is approved, you will get an email confirmation with connection information. Please reach out to Heidi Yelk with questions.

Researching the Wisconsin Administrative Code
Thursday, September 21, 2023, noon - 1:00 p.m.
Location: Live webinar - Register for Researching the Wisconsin Administrative Code
FREE
Discussion and instruction of the history and function of the administrative code, with tips and examples to show how to research the history of a rule.

Introduction to Wisconsin Legislative History
Thursday, October 19, noon-1:00 p.m.
Location: Live webinar - Register for Introduction to Wisconsin Legislative History
FREE
I need the legislative history of a Wisconsin statute. Where do I start? What do I do? Participants will look at the primary resources used to research Wisconsin legislative history, learn about the online Wisconsin legislative drafting files, and learn some helpful tips and tricks along the way. This introductory class covers basic research strategies and sources.

Missing or Repealed Statutes and other special problems in Wisconsin Legislative Research
Thursday, November 16, noon-1:00 p.m.
Location: Live webinar - Register for Missing or Repealed Statutes and other special problems in Wisconsin Legislative Research
FREE
This class introduces sources that can untangle unusual problems that can be quite vexing when they come up, such as finding repealed statutes, tracing non-statutory laws, and determining when and to what extent a non-codified session law has been amended.

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August Snapshot

Boston Public Library
Photo by Carol Hassler

Lions greet visitors in the grand staircase of the Boston Public Library. The lions memorialize two Massachusetts volunteer infantries in the Civil War: the Second and the Twentieth.

We are accepting snapshots! Do you have a photo highlighting libraries, attractions or points of historical interest? Send your photo the editor at carol.hassler@wicourts.gov to be included in a future issue.

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