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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.?
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.
Any premises liability case heard in court will involve the ?duty of care? that property and business owners owe their visitors, customers, clients, tenants, and others. It'll be an important reference point as jurors decide who is responsible for an injury received on someone's property.
The Duty to Mitigate This means that an injured party has the responsibility to act reasonably to minimize the harm resulting from the injury. If the court finds that the injured person has not mitigated his or her damages, it can reduce the amount that the victim will be able to recover from the wrongdoer.
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.
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.
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).
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."
Ing to CACI No. 1001. Basic Duty of Care, a person who owns/leases/occupies/controls property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition.