What is the test for determining the correctness of jury instructions in a civil trial?

California, United States of America


The following excerpt is from The PEOPLE v. BINNS, B208701, No. BA286179 (Cal. App. 2010):

"'[T]he correctness of the jury instructions is to be determined from the entire charge of the court, not from a consideration of parts of an instruction or from a particular instruction.'" (People v. Castillo (1997) 16 Cal.4th 1009, 1016.) We examine the jury instructions as a whole, along with the attorneys' closing arguments to the jury, to determine if the instructions sufficiently conveyed the correct legal principles. (See People v. Kelly (1992) 1 Cal.4th 495, 525-526.)

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