California Jury Instruction - 1.5.1 Americans With Disabilities Act 42 USC Sect. 12101 - 12117 Disparate Treatment Claim
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Types of Jury Instructions One is an ?official? plain-English set known as CACI (California Civil Jury Instructions). The other is BAJI (Book of Approved Jury Instructions). Either can be used. If there are no standard instructions that fit the case, ?special instructions? are drafted.
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."
The comparable Judicial Council instruction (number 202) reads: Some evidence proves a fact directly, such as testimony of a witness who saw a jet plane flying across the sky. Some evidence proves a fact indirectly, such as testimony of a witness who saw only the white trail that jet planes often leave.
For jury instructions to be effective, they must be clear and simple. Sentences should be short; instruc- ? tions should contain no more than a few sentences, cover only one topic, and be directly related to the circumstances of the case (they should not be abstract statements of the law).
Book of Approved Jury Instructions (BAJI) has been recognized for more than 50 years as the source for civil jury instructions in California. The instructions have been tested in court, and judges and lawyers are familiar with them.
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. "CACI" means "California Civil Instructions."
Juries in California are given California Jury Instruction CACI 418 or ?Presumption of Negligence per se? to help them determine when a defendant is negligent as a matter of law.
The California Code of Regulations is abbreviated as "CCR.? A citation is read "25 CCR 60". The first number is the title number. The second number is the section where that information may be found in that title. Since there are 28 titles, it is important to have a title number.
To establish a prima facie case of disability discrimination under FEHA, a plaintiff must establish that: (1) he has a physical disability as defined by the statute; (2) he can fulfill the duties of employment with or without a reasonable accommodation; and (3) he was discriminated against on account of his disability.