What is the test for determining whether a party was prejudiced or prejudiced by an erroneous instruction in a jury trial?

California, United States of America


The following excerpt is from Dalbroi v. Bona, A135905 (Cal. App. 2013):

Whether a party was prejudiced by an erroneous instruction "requires evaluation of several factors, including the evidence, counsel's arguments, the effect of other instructions, and any indication by the jury itself that it was misled." (Soule, supra, 8 Cal.4th at p. 574; accord, Veronese v. Lucasfilm Ltd. (2012) 212 Cal.App.4th 1, 31.) " 'The determination whether, in a specific instance, the probable effect of the instruction has been to mislead the jury and whether the error has been prejudicial so as to require reversal depends on all the circumstances of the case, including the evidence and the other instructions given. No precise formula can be drawn.' " (Henderson v. Harnischfeger Corp. (1974) 12 Cal.3d 663, 670-671.)

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