Legal Question in Civil Litigation in California
Can the defense "ad lib" Jury Instructions? Or do all Jury Instructions have to be official, formal Jury Instructions found in CACI? Can the defense submit case precedent as Jury Instructions as if it were "law"? If a Jury Instruction is based on precedent (rather than law), does it have to be notated as such?
3 Answers from Attorneys
Jury instructions must be prepared in advance and approved by the court. They can't be "ad lib", but they also don't have to be the standard form instructions. Custom instructions are commonplace, and they typically cite the authorities on which they are based. Those authorities can be statutes or precedents, both of which qualify as law. Your belief that precedent and law are entirely different concepts is not correct.
Case precedent IS law. The standardized CACI jury instructions are nothing but a uniform starting point for final jury instructions. "The Law" in California is a combination of statutes and case precedent. Jury instructions must be crafted to give the jury an accurate statement of "the law." They are particular to the case. Not sure what you mean by "notated." I don't think there is even such a word.
A party can prepare their own jury instructions, in addition to the CACI or BAJI instructions. Those instructions, however, must cite the legal authority on which they are based, whether that is statutory or case law.
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