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The California Constitution, as originally adopted in 1849, set out the right to a jury trial in the strongest possible terms: ? '[T]he right of trial by jury shall be secured to all, and remain inviolate for ever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
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. Jury Instructions - Sacramento County Public Law Library saclaw.org ? resource_library ? jury-instructions saclaw.org ? resource_library ? jury-instructions
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. What Are Damages for ?Recklessness? in California ... maisonlaw.com ? comparative-negligence ? reckle... maisonlaw.com ? comparative-negligence ? reckle...
Instruction 103 on Reasonable Doubt states that ?Whenever I tell you the People must prove something, I mean they must prove it beyond a reasonable doubt [unless I specifically tell you otherwise].? Thus, when the concept of reasonable doubt is explained and defined, the jury is told that it is the standard that ...
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
Judicial Council of California Civil Jury Instructions 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." FAQ - jury instructions - California Courts ca.gov ? partners ca.gov ? partners
A person's negligence may combine with another factor to cause harm. If you find that [name of defendant]'s negligence was a substantial factor in causing [name of plaintiff]'s harm, then [name of defendant] is responsible for the harm.
The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice. (See also CACI 3940-3942.) Punitive damages: Punishing and deterring oppression, fraud, and ... advocatemagazine.com ? 2015-february ? p... advocatemagazine.com ? 2015-february ? p...