What are the legal issues to be decided by the court, and factual issues to the jury?

California, United States of America


The following excerpt is from People v. Shrader, F064907 (Cal. App. 2014):

legal issues to be decided by the court, and factual issues to be decided by the jury. We must assume the jurors generally understood and faithfully followed these instructions. (People v. Delgado (1993) 5 Cal.4th 312, 331.)

Other Questions


When one of the theories presented to the jury is factually inadequate, such as the factually incomplete, does the court have to be able to affirm a jury verdict based solely on the unsupported theory? (California, United States of America)
Does the trial court's instructions to the jury that the jury must conclusively accept the previous jury's finding that defendant's guilt has already been decided? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, does the appellate court have power to substitute its factual determination for that factual determination? (California, United States of America)
Does a trial court's statement that it does not believe the jury is hopelessly deadlocked give the jury the impression the jury should convict defendant? (California, United States of America)
When a jury asks a jury a question after retiring for deliberation, does the court have a duty to provide the jury with additional instructions? (California, United States of America)
Is a jury required to "educate the jury on the legal page 314 of the legal Page 314" of the California Civil Code? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
How does the Court treat a claim by a defendant that an issue raised and decided in the trial court resulted in constitutional violations? (California, United States of America)
When a jury has been sworn in, can the trial court reopen jury selection after the jury has already been sworn? (California, United States of America)
Is a motion for attorney fees required to issue a statement of decision addressing disputed legal and factual issues? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.