What is the duty of a trial court to provide explanatory instructions to a plaintiff who has not requested them?

California, United States of America

The following excerpt is from People v. Melgoza, F068797 (Cal. App. 2016):

always satisfied by a mere reading of wholly correct, requested instructions." ' [Citation.] ' "[T]he trial court has a sua sponte duty to give explanatory instructions even in the absence of a request when the terms in an instruction 'have a "technical meaning peculiar to the law." ' [Citations.] No such duty is imposed when the terms 'are commonly understood by those familiar with the English language ....' " ' [Citations.]" (People v. Morehead (2011) 191 Cal.App.4th 765, 772-773.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

In what circumstances will the jury be instructed to follow the law as instructed, rather than consider any comments by the prosecutor that conflicted with the trial court's instructions? (California, United States of America)

Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)

What is the effect of a plaintiff's failure to request any clarification in the trial court and then acquiesce in the issuing of an instruction? (California, United States of America)

Is a court required to provide an instruction that duplicates the instruction provided by the appellant? (California, United States of America)

What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)

Does a defendant waive their right to object on appeal to a plaintiff's trial misconduct by failing to request the trial court to admonish the jury to disregard such misconduct? (California, United States of America)

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

Can an appellant seek review of an instruction in the Superior Court of Appeal where the original instruction was found to have made errors that could have been cured in the trial court? (California, United States of America)

Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)

Can a plaintiff who objected to the instructions of the trial court challenge the instructions in his personal injury case? (California, United States of America)

What is the duty of a trial court to provide explanatory instructions to a plaintiff who has not requested them?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources