California Jury Instruction - 4.1 Recovery Of Take-Home Pay
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Format 1 - Code: (usually preferred format, using citation to California Codes): Name of law (if available), State Abbreviation Code Abbreviation § section number(s) (Year if available). Example Entry: Child Abuse and Neglect Reporting Act, Cal. Penal Code § 11164 et seq.
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 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.
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 411, entitled ?Reliance on Good Conduct of Others? provides: Every person has a right to expect that every other person will use reasonable care [and will not violate the law], unless he or she knows or should know, that the other person will not use reasonable care [or will violate the law].
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.
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 ...