What is the test for credibility in a civil case?

California, United States of America


The following excerpt is from McCleery v. City of Bakersfield, 170 Cal.App.3d 1059, 216 Cal.Rptr. 852 (Cal. App. 1985):

In this case the jurors would decide whether police officers conducted themselves reasonably in a situation few, if any, of the jurors had ever experienced. Not only was the standard of reasonable police conduct at issue, but it depended upon testimony of those who were present and took part in or observed the events. Because of statements made at the time, and later, it was important that the jurors not only judge credibility in its abstract sense, but with a sense of how the circumstances affected the "powers of observation and recollection" of those involved. (People v. McDonald (1984) 37 Cal.3d 351, 371, 208 Cal.Rptr. 236, 690 P.2d 709.)

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