California Jury Instruction - 8 Election Of Foreperson Explanation Of Verdict Forms
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FAQ
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.)
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."
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.
CALCRIM 2689 Jury Instructions describes the factors needed to prove disturb the peace with loud and unreasonable noise. It has to be proven the noise was used to maliciously disturb someone in public, presented a danger of immediate violence, or the noise was used on purpose to disrupt a lawful activity.
A verdict form is what is submitted to the jury to fill out after they have completed deliberations and reached a verdict. A verdict form tries to make the process of completing the verdict very simple for the jury. In a criminal case, for each charge there is simply a box to check ?guilty? or ?not guilty?.
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.
The rules are commonly referred to as CACI (pronounced "Casey"). The preceding civil jury instructions, called BAJI (for Book of Approved Jury Instructions) is no longer approved by state court rules. For criminal jury instructions, the approved instructions are CALCRIM (for California Criminal Jury Instructions).