What is the test for giving a jury instructions in a civil case based on the federal Constitution?
California, United States of America
The following excerpt is from People v. Howard, 1 Cal.4th 1132, 5 Cal.Rptr.2d 268, 824 P.2d 1315 (Cal. 1992):
To the extent defendant's claims are based on the federal Constitution, they are obviated by Boyde v. California (1990) 494 U.S. 370, 376-387 [110 S.Ct. 1190, 1196-1201], in which the high court held that jury instructions in the statutory language, such as those given here, are constitutional.
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