In order to have grounds for a lawsuit, however, it is necessary to demonstrate that there was undue influence by those who were in a position of trust and confidence with their victims, such as family members, companions, and financial advisors (
California Civil Jury Instructions (CACI) Series 3100).
So - called «general» or «non-economic» damages in civil claims where someone is killed are awarded based upon
California Civil Jury Instruction 3921, which states that a jury must come up with a dollar figure value for the loss of, «love, companionship, comfort, care, assistance, protection, affection, society, moral support.»
California Civil Jury Instruction 3920 states that if an award is made to a personal injury victim and that victim is married, the jury must also decide how much money will reasonably compensate the victim's husband or wife for «the loss of companionship and services» (also known as «loss of consortium») including:
California Civil Jury Instructions summarizes the law explaining to juror who may sit on a personal injury trial that while both pedestrians and drivers must be aware that motor vehicles can cause serious injuries, drivers of motor vehicles must use more care than pedestrians.
California Civil Jury Instruction 701.
Not exact matches
California Supreme Court,
Jury Instructions
Civil Subcommittee (Appointed by the Chief Justice)
One helpful articulation of the American doctrine can be seen in
California Standard
Civil Jury Instruction No. 2334, which can be paraphrased from the American legalese as follows, for ease of reading:
In 1998, she was appointed by the Chief Justice of the
California Supreme Court to the
Civil Jury Instructions Committee (CACI), where she still serves.
Provides information about being a juror in
California, and provides links to
California's
civil and criminal
jury instructions.
In addition, we represented Toshiba and several of its subsidiaries in a high - profile US
jury trial concerning the related criminal investigation and
civil litigation, and defended Toshiba in securing dismissal of a securities class action in US federal court in
California.
In New York, NY CPLR § 4102 allows parties to waive
civil trial by
jury (and unlike
California), such waiver terms have been upheld, but the courts have recognized that there is a problem, so it's not always obvious whether such waivers in contracts are legal.