406.8 Issues on Claim The issues you must decide on (claimant)'s claim against (defendant) are whether (defendant) maliciously and without probable cause [instituted] [or] [continued] a [criminal] [civil] proceeding against (claimant) which later terminated in favor of (claimant) and, if so, whether that action was a legal cause of [loss] [injury] [or] [damage] to (claimant).