What is the standard of prejudice in a personal injury case?

California, United States of America


The following excerpt is from People v. Brown, 250 Cal.Rptr. 604, 46 Cal.3d 432, 758 P.2d 1135 (Cal. 1988):

I begin with what should be common ground. In the formulation of a standard of prejudice, "Necessarily the character of the proceeding, what is at stake upon its outcome, and the relation of the error asserted to casting the balance for decision on the case as a whole, are material factors...." (Kotteakos v. United States (1946) 328 U.S. 750, 762, 66 S.Ct. 1239, 1246, 90 L.Ed. 1557.)

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