What is the test for determining whether there was prejudice against a defendant in a civil case?

California, United States of America


The following excerpt is from People v. Foster, A137621 (Cal. App. 2014):

Turning to the question of whether there was prejudice, the test is assessed under the relatively lenient standard of People v. Watson, supra, 46 Cal.2d at page 836. Under that standard, an error warrants reversal where it appears "reasonably probable" the

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defendant would have obtained a more favorable outcome had the error not occurred. "A ' "reasonable probability" ' for these purposes 'does not mean more likely than not, but merely a reasonable chance, more than an abstract possibility' [citation]" that the jury would have reached a different result. (People v. Ross (2007) 155 Cal.App.4th 1033, 1054-1055.)

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