Jurors’ ease of understanding, without sacrificing accuracy, is the primary objective of these instructions from the Judicial Council. A secondary objective is to facilitate the use of lawyers.
While the instructions of the jury are not a primary source of the law, they are a statement of the law, a secondary source. The fact that the instructions are in plain English does not alter their status as an accurate legal statement.
No new revision date is generated by additions or changes to the Sources and Authority and Secondary Sources.
Sources and Authority cases should always be treated as a digest of relevant citations. We are not intended to provide a complete analysis of the instruction’s legal subject. The use of an abstract does not necessarily mean that the committee finds it a legal authority. Actually, they provide a starting point for further legal investigation into the subject.
The omission of uncontested elements could leave the jury with an incomplete understanding of the cause of the action and the full burden of proof of the plaintiff. It is best to include all the elements and then say that the parties have agreed to determine one or more of them and that the jury does not have to decide.
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