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Juries in California are given California Jury Instruction CACI 418 or ?Presumption of Negligence per se? to help them determine when a defendant is negligent as a matter of law.
Types of Jury Instructions One is an ?official? plain-English set known as CACI (California Civil Jury Instructions). The other is BAJI (Book of Approved Jury Instructions). Either can be used. If there are no standard instructions that fit the case, ?special instructions? are drafted.
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 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.)
Any request for excusal or postponement of your jury service must be in writing by mail or email (link sends e-mail), and be submitted no later than 5 days before your reporting date. Please include your name and participant number on all submitted documents.
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."
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.
CACI Jury Instruction 3927 reads as follows: CACI 3927 - Aggravation of Pre-existing condition or disability: Plaintiff is not entitled to damages for any physical or emotional condition that he/she had before defendant's conduct occurred.