California Jury Instruction - 2.3 Consideration Of The Evidence Duty To Follow Instructions Governmental Entity Or Agency Involved
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FAQ
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).
The goal of these instructions is to improve the quality of jury decision making by providing standardized instructions that accurately state the law in a way that is understandable to the average juror.
?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 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.
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.
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.?
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.