What is the test for a jury in a civil case?

California, United States of America


The following excerpt is from People v. Harris, 171 Cal.Rptr. 679, 28 Cal.3d 935, 623 P.2d 240 (Cal. 1981):

10 CALJIC No. 17.40 provides: "Both the People and the defendant are entitled to the individual opinion of each juror. It is the duty of each of you to consider the evidence for the purpose of arriving at a verdict if you can do so. Each of you must decide the case for yourself, but should do so only after a discussion of the evidence and instructions with the other jurors. You should not hesitate to change an opinion if you are convinced it is erroneous. However, you should not be influenced to decide any question in a particular way because a majority of the jurors, or any of them, favor such a decision." (4th ed. 1979.)

1 Estes v. Texas (1965) 381 U.S. 532, 540, 85 S.Ct. 1628, 1631, 14 L.Ed.2d 543.

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