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In California, you have to prove the following to successfully establish a defendant's negligence: the defendant owed you a duty of care, the defendant breached such duty, and. the defendant's negligence was both the proximate and actual cause of the harm to you.
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 ...
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. ____."
A substantial factor in causing harm is a factor that a reasonable person would consider to have contributed to the harm. It must be more than a remote or trivial factor. It does not have to be the only cause of the harm.
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."
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.
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.