California Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue Keywords: California, jury instruction, duty to deliberate, plaintiff, defendant, damages California Jury Instruction — 7.2 addresses the duty to deliberate when both the plaintiff and defendant claim damages or when damages are not an issue in a legal case. This instruction guides the jury on their responsibility to carefully consider and evaluate the evidence presented during the trial and reach a fair and impartial decision. In cases where both the plaintiff and defendant claim damages, the jury must carefully assess the evidence and arguments presented by both parties. They must weigh the credibility of each party's claims and determine the appropriate amount, if any, that should be awarded as damages. This instruction emphasizes the importance of considering all relevant factors, such as the nature and extent of the claimed damages, the evidence supporting each party's claims, and any relevant legal principles. On the other hand, when damages are not an issue in the case, the jury is still obligated to deliberate and reach a verdict based on the other aspects of the case. While damages may not be a key component, there may still be other issues, such as liability or fault, that require careful consideration. The duty to deliberate remains the same, and the jury must examine all evidence and arguments to make a fair and just decision. Different types of California Jury Instruction — 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue might include variations based on the specific nature of the case. For instance, there could be different instructions for personal injury cases, contract disputes, or property damage claims. Each instruction would provide specific guidance relevant to the particular type of case, ensuring the jury understands their duty to deliberate in a way that aligns with the relevant legal principles and evidence presented before them. Overall, California Jury Instruction — 7.2 underscores the importance of the jury's duty to deliberate thoroughly and impartially when both the plaintiff and defendant claim damages or when damages are not the central issue in a legal case. By considering the evidence, assessing credibility, and applying relevant legal principles, the jury ensures a fair and just resolution to the dispute at hand.
California Jury Instruction - 7.2 Duty To Deliberate When Both Plaintiff and Defendant Claim Damages or When Damages Are Not an Issue
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CACI (Pronounced "Casey") is the name of the Judicial Council of California Civil Jury Instructions, the official civil jury instructions and verdict forms approved by the council on July 16, 2003.
These official Judicial Council of California Civil Jury Instructions are referred to as "CACI" (pronounced "Casey"), which stands for California Civil Instructions. Advisory Committee on Civil Jury Instructions.
The rules are commonly referred to as CACI (pronounced "Casey"). The preceding civil jury instructions, called BAJI (for Book of Approved Jury Instructions) is no longer approved by state court rules. For criminal jury instructions, the approved instructions are CALCRIM (for California Criminal Jury Instructions).
CACI Jury Instruction 3927 reads as follows: CACI 3927 - Aggravation of Pre-existing condition or disability: Plaintiff is not entitled to damages for any physical or emotional condition that he/she had before defendant's conduct occurred.
3947 Punitive Damages?Individual and Entity Defendants?Trial Not Bifurcated. If you decide that [name of individual defendant]'s or [name of entity defendant]'s conduct caused [name of plaintiff] harm, you must decide whether that conduct justifies an award of punitive damages.
California Civil Jury Instruction 3113 addresses recklessness as a high probability that a person's conduct would cause harm, and he or she knowingly disregarded this risk.
Scott requested the court give CACI No. 413 which states: "You may consider customs or practices in the community in deciding whether defendant acted reasonably. Customs and practices do not necessarily determine what a reasonable person would have done in defendant's situation.
California Jury Instruction 3920 defines loss of consortium as ?the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support; and the loss of the enjoyment of sexual relations or the ability to have children.?