California Jury Instruction - 5.1 Inflation And Calculation Of Below - Market Discount Rate
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FAQ
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.
Juries in California are given California Jury Instruction CACI 418 or ?Presumption of Negligence per se? to help them determine when a defendant is negligent as a matter of law.
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.)
These official Judicial Council of California Civil Jury Instructions are referred to as "CACI" (pronounced "Casey"), which stands for California Civil Instructions. Advisory Committee on Civil Jury Instructions.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
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.?
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.
Scott requested the court give CACI No. 413 which states: "You may consider customs or practices in the community in deciding whether defendant acted reasonably. Customs and practices do not necessarily determine what a reasonable person would have done in defendant's situation.