San Bernardino California Jury Instruction - Entrapment - Evaluating Conduct of Government Agents
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FAQ
A general unanimity instruction informs the jury that the verdict must be unanimous, whereas a specific unanimity instruction indicates to the jury that they must be unanimous as to which specific act constitutes the offense charged. Commonwealth v.
How should the new instructions be cited? 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.
Primary authorities are the laws that are binding upon the courts, government, and individuals. Examples are statutes, regulations, court rules, and case law. They are generated by legislatures, administrative agencies, and courts.
Jury Instructions as a Statement of the Law: While jury instructions are not a primary source of the law, they are a statement or compendium of the law, a secondary source.
Under California law, entrapment refers to a situation where a normally law abiding person is induced to commit a crime that he/she otherwise would not have committed. Entrapment only applies to overbearing official conduct, seen in the form of pressure, harassment, fraud, flattery, or threats.
Secondary sources are materials that discuss, explain, analyze, and critique the law. They discuss the law, but are not the law itself. Secondary sources, such as Law Journals, Encyclopedias, and Treatises are a great place to start your legal research.
Secondary Authority Sources Common sources are legal dictionaries, treatises, legal periodicals, hornbooks (study primers for law students), law reviews, restatements (summaries of case law) and jury instructions.
A primary authority is a term used in legal research to refer to statements of law that are binding upon the courts, government, and individuals. Primary authority is usually in the form of a document that establishes the law, and if no document exists, is a legal opinion of a court.
For example, judicial decisions are primary sources, but they may only be persuasive authority, depending on the jurisdiction. No secondary sources are mandatory authority they are all only persuasive authority.
Types of legal "authority" Primary authority is the set of rules or laws that are binding on the courts, government, and individuals.