California Jury Instruction - 2.2 Consideration Of The Evidence Duty To Follow Instructions Corporate Party Involved
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Citing the State Code (preferred method) Name of law (if available), State Abbreviation Code Abbreviation § section number(s) (Year if available). Example: Child Abuse and Neglect Reporting Act, Cal. Penal Code § 11164 et seq.
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
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.
At the end of a trial, but before the jurors deliberate, the judge reads them ?jury instructions.? The instructions explain the laws that apply to the case. plain-English set known as CACI (California Civil Jury Instructions). The other is BAJI (Book of Approved Jury Instructions).
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.
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.
Any premises liability case heard in court will involve the ?duty of care? that property and business owners owe their visitors, customers, clients, tenants, and others. It'll be an important reference point as jurors decide who is responsible for an injury received on someone's property.
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. ____."