California Jury Instruction - 7.1 Duty To Deliberate When Only The Plaintiff Claims Damages
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FAQ
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 (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."
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).
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.
You may award punitive damages only if [name of plaintiff] proves by clear and convincing evidence that [name of defendant] engaged in that conduct with malice, oppression, or fraud.
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.
CACI 452 is a powerful framing tool for trial which can help defeat an unfair finding of comparative fault. A party is entitled to the instruction ?which advises the jury as to the amount of care which he was required to exercise while acting under its stress.? (Groat v.
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.?