California Jury Instruction 1.2 With Counterclaim by Defendant is a legal instruction provided to a jury in California state court cases involving counterclaims brought by defendants. This instruction is designed to guide the jurors in understanding the legal aspects of a counterclaim raised by the defendant, allowing them to make an informed decision. Generally, a counterclaim is a claim made by the defendant against the plaintiff in response to the plaintiff's original claim. It asserts that the plaintiff has caused harm to the defendant and seeks compensation from the plaintiff for any damages suffered. In such cases, the jury needs proper instructions to properly evaluate the defendant's counterclaim and its merits. California Jury Instruction 1.2 specifically addresses counterclaims brought by defendants. It assists the jury by providing them with a detailed framework to consider when evaluating the counterclaim along with the initial claim made by the plaintiff. This instruction ensures that the jury understands the legal standards and rules they must apply to reach a fair and just verdict. The purpose of this instruction is to help the jury understand the legal elements necessary to establish a successful counterclaim by the defendant. It explains the burden of proof on the defendant, the standard of evidence required to substantiate the counterclaim, and the factors the jurors should consider in determining if the counterclaim is valid. Some important keywords related to California Jury Instruction 1.2 With Counterclaim by Defendant are: — Counterclaim: A claim made by the defendant against the plaintiff in response to the plaintiff's initial claim. — Defendant: The party who responds to the plaintiff's claim and presents a counterclaim. — California Jury Instruction: A set of instructions provided to the jury to guide them in understanding and applying the law to the facts of the case. — Burden of Proof: The responsibility of the defendant to present sufficient evidence to support their counterclaim. — Standard of Evidence: The level of proof required to establish the validity of the counterclaim. — Verdict: The final decision reached by the jury after considering all claims and counterclaims presented in the trial. It is important to note that while California Jury Instruction 1.2 With Counterclaim by Defendant is a general instruction, there might be variations or specific instructions applicable to different types of cases, such as civil, criminal, or specific areas of law. These variations could include different burdens of proof, evidentiary standards, or considerations specific to certain types of counterclaims, such as contractual disputes, personal injury claims, or fraud allegations.