San Bernardino California Jury Instruction - Cautionary Instruction - Similar Acts Evidence - Rule 40 4(b), F.R.E.
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Helping you preserve federal constitutional issues for review in the California appellate courts and on federal habeas corpus. Providing California's only complete and up-to-date compendium of recognized lesser included offenses.
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.
A witness is not competent if he or she is unable to express him- or herself in a manner than can be understood, or is incapable of understanding the duty to tell the truth.
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.
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.
No copyright is claimed to the text of the jury instructions, bench notes, authority, other Task Force and Advisory Committee commentary, or references to secondary sources. CITE THIS BOOK: Judicial Council of California Criminal Jury Instructions (2021 edition) Cite these instructions: CALCRIM No.
Federal Rules of Evidence Rule 601 Every person is competent to be a witness unless these rules provide otherwise. But in a civil case, state law governs the witness's competency regarding a claim or defense for which state law supplies the rule of decision.
In most jurisdictions today, the circumstantial use of character is rejected but with important exceptions: (1) an accused may introduce pertinent evidence of good character (often misleadingly described as putting his character in issue), in which event the prosecution may rebut with evidence of bad character; (2)
In general, a witness is competent if he meets four requirements: He must, with understanding, take the oath or a substitute. Evid.He must have personal knowledge about the subject of his testimony.He must remember what he perceived. He must be able to communicate what he perceived.
Before being allowed to testify, each witness must be sworn to tell the truth, the whole truth, and nothing but the truth. No particular form is required; rather, the oath should be calculated to impress upon the conscience of the person being sworn the necessity for truthful testimony.