California Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense
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How to fill out Jury Instruction - 6.6.1 General Instruction - Comparative Negligence Defense?
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FAQ
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
Instruction 103 on Reasonable Doubt states that ?Whenever I tell you the People must prove something, I mean they must prove it beyond a reasonable doubt [unless I specifically tell you otherwise].? Thus, when the concept of reasonable doubt is explained and defined, the jury is told that it is the standard that ...
This legal standard of proof is universal throughout the states, including in California criminal cases?and for good reason. "Proof beyond a reasonable doubt" serves as the highest threshold of proof required in any court of law.
Another example of reasonable doubt in a DUI case is if the arresting officer failed to follow proper procedure or they didn't have probable cause. If the defense can demonstrate that there were flaws or any form of negligence in the arrest, this may be enough to cast reasonable doubt on the guilt of the accused.
Reasonable doubt exists when you are not firmly convinced of the Defendant's guilt, after you have weighed and considered all the evidence. A Defendant must not be convicted on suspicion or speculation. It is not enough for the State to show that the Defendant is probably guilty.
In California, if you ?assumed the risk?, you may be barred from recovering in a personal injury lawsuit unless: The defendant was grossly negligent or reckless or intentionally injured you, or.
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. ____."
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.