How have instructions been interpreted in a civil case?

Moreover, the instructions informed the jury that to convict Le of voluntary manslaughter, the prosecution had to prove the homicide was unlawful. The instructions given here advised that the prosecution had to prove the homicide was unlawful beyond a reasonable doubt. Furthermore, if the instructions were susceptible of the interpretation Le now asserts, defense counsel likely would have objected at trial on this basis. The lack of any such objection suggests that " 'the potential for [confusion] argued now was not apparent to one on the spot.' " (People v. Keenan (1988) 46 Cal.3d 478, 535.)