What is the effect of the instruction of the California Court of Appeal on a claim of personal injury?
California, United States of America
The following excerpt is from People v. Alvarez, 14 Cal.4th 155, 58 Cal.Rptr.2d 385, 926 P.2d 365 (Cal. 1996):
Against a claim of this kind, an appellate court reviews a trial court's instruction independently: The underlying "question is one of law, involving as it does the determination of ... applicable legal principles...." (People v. Berryman, supra, 6 Cal.4th at p. 1089, 25 Cal.Rptr.2d 867, 864 P.2d 40.)
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