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State v. Moriarty 361 S.W.2d 133

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Jury Instructions

IN THE CIRCUIT COURT OF MISSISSIPPI

VS.

NO.

JURY INSTRUCTION NO.

You are instructed that just compensation is a decision to be made by the jury. Your discretion as to the measure of damages is wide, but not unlimited, and you may not act arbitrarily. Exercise your discretion as to the amount of damages reasonably, intelligently and in harmony with the evidence of the case and the Court's instructions. The damages for personal injury cannot be assessed by any fixed rule, but you are the sole judges as to the measure of damages in this case. Should your verdict be for the Plaintiff in this case, you may consider the following factors to determine the amount of damages to award as may be shown by a preponderance of the evidence:

  1. The amount of severe emotional distress inflicted on the Plaintiff, if any.
  2. Past, present and future physical pain and suffering and resulting mental anguish and anxiety, if any.
  3. Reasonable and necessary medical expenses already incurred and those which are reasonably probable to be incurred in the future, if any.
  4. Any future disability or impairment that is reasonably probable to occur, its duration and its effect, if any, on Plaintiff's future earning capacity. In arriving at the amount of your award, if any, for any loss of future earning capacity, you should consider what the Plaintiff's health, physical ability, age and earning power were before the injury and the effect of the Plaintiff's injuries, if any, upon them.
  5. Past loss of wages.
  6. Any loss of enjoyment of life.
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What State v. Moriarty 361 S.W.2d 133 Represents

State v. Moriarty, cited as 361 S.W.2d 133, is a reported opinion published in the Southwestern Reporter, Second Series. The citation identifies a state appellate decision summarized at volume 361, page 133. Reported opinions like this record the court’s factual background, procedural posture, reasoning, and disposition. Legal researchers use the reporter citation to locate the full text, verify binding authority within the issuing jurisdiction, and check subsequent history before relying on the case in briefs, memoranda, or court filings.

Why this citation matters for legal research

A published reporter citation identifies precedent, aids pinpoint referencing, and signals the opinion’s availability in legal research databases. Confirm jurisdictional weight and subsequent treatment to determine whether State v. Moriarty is binding, persuasive, or overruled.

Why this citation matters for legal research

Who typically consults this reported opinion

Different legal professionals consult appellate citations for research, filings, and teaching.

  • Attorneys researching precedent for briefs, motions, and appellate strategy.
  • Paralegals and legal assistants preparing citations, pinpoints, and case summaries.
  • Law students and academics analyzing doctrinal development and case law trends.

Confirm the opinion’s jurisdictional authority and any later appellate treatment before relying on it in practice.

Step-by-step: Using the citation in court documents

Follow these steps to locate, verify, and cite State v. Moriarty correctly in legal work.

  • 01
    Locate: Search official reporter or court database using 361 S.W.2d 133.
  • 02
    Verify: Check subsequent history and treatment in citators.
  • 03
    Pinpoint: Use the page number (133) for exact quotations and citations.
  • 04
    Cite: Format citation per Bluebook and local court rules.

Frequently asked questions about using the citation

Common questions about locating, citing, and relying on State v. Moriarty 361 S.W.2d 133 with concise answers to avoid common research mistakes.


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Key risks when relying on a reported opinion

Superseded precedent: Risk of relying on overruled law
Incorrect citation: May mislead court or opposing counsel
Jurisdictional mismatch: Non-binding in other states
Quoting excerpts: Context omission may distort meaning
Sealed materials: Use of sealed exhibits can violate rules
Late filings: Procedural sanctions or denial risk

Common research pitfalls to avoid

  • Failing to check subsequent appellate treatment before relying on an older opinion can result in citing obsolete law and weaken legal arguments.
  • Using an unofficial or excerpted copy without verifying with the reporter text increases the chance of transcription errors or missing context.
  • Relying on persuasive out-of-state authority without explaining why it applies to the forum state can confuse judges and opposing counsel.
  • Neglecting local citation rules and pinpoints may lead to formatting rejections or reduced credibility with the court.

Setting up a review workflow for the opinion

Configure a repeatable workflow for locating, annotating, and storing the opinion across your team or case file.

Field Configuration
Source Official reporter or court database
Access Method Library subscription or court website
Citation Format Bluebook or local court rules
Storage PDF archival with metadata

Technical considerations for e-submitting case materials

Confirm acceptable file formats, authentication, and integration needs before e-submitting opinions or exhibits.

  • Supported formats: PDF, DOCX, HTML, XLSX
  • Integrations: Salesforce, Microsoft 365, NetSuite
  • Authentication: Email, SMS, SSO, OAuth

Timing and procedural deadlines to verify

Court-related deadlines vary by state and case type; confirm with the issuing court’s local rules before filing or citing an opinion.

Appeal period:

Varies by jurisdiction; commonly 10–30 days from judgment.

Motion timing:

Local rules set time for motions and responses; check court schedule.

E-filing windows:

Some courts restrict filing to business hours or specific platforms.

Citation updates:

Run citators close to filing to capture any intervening history.

Record retention:

Maintain copies per court rules and institutional policies.

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