California, United States of America
The following excerpt is from Arato v. Avedon, 23 Cal.Rptr.2d 131, 5 Cal.4th 1172, 858 P.2d 598 (Cal. 1993):
The trial judge declined to give the jury either of the two instructions sought by plaintiffs. Instead, the court read to the jury a modified version of BAJI No. 6.11, the so-called "reality of consent" instruction drawn from our opinion in Cobbs v. Grant (1972) 8 Cal.3d 229, 104 Cal.Rptr. 505, 502 P.2d 1. As can be seen by a comparison of the two instructions, the texts of which are set out in the margin, 3
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