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CACI 411, entitled ?Reliance on Good Conduct of Others? provides: Every person has a right to expect that every other person will use reasonable care [and will not violate the law], unless he or she knows or should know, that the other person will not use reasonable care [or will violate the law].
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 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 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 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."
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.
3900 Introduction to Tort Damages?Liability Contested [Name of plaintiff] does not have to prove the exact amount of damages that will provide reasonable compensation for the harm. However, you must not speculate or guess in awarding damages. [Insert applicable instructions on items of damage.]