How have the courts interpreted the burden of proof in a civil case?

California, United States of America


The following excerpt is from People v. Pan, B259666 (Cal. App. 2016):

Further, because the court overruled the defense's objections and consequently did not admonish the jury that it should follow the court's instructions rather than any conflicting statements of the law advanced by the attorneys, the trial court effectively validated the prosecutor's erroneous statements regarding the burden of proof. (See People v. Woods, supra, 146 Cal.App.4th at p. 118.) We therefore cannot presume that the jury followed the court's instructions and disregarded the prosecutor's subsequent misstatements of the law.

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