California Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense
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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.
CACI No. 3961 directs the jury to ?subtract the amount [the plaintiff] earned . . . by returning to gainful employment? from any award of past economic damages. The trial court instead instructed the jury with CACI No. 2407 (affirmative defense?employee's duty to mitigate damages).
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. ____."
California Jury Instructions ? Civil is authored using the precise language 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.
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.?
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."
The right to recover your loss of use is stated in California Civil Jury Instruction (CACI) for short 3903M. You are entitle to recover the reasonable cost to rent a similar vehicle while your vehicle is being replaced.
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.