How have courts dealt with erroneous "expectation" instructions in a motor vehicle case?
California, United States of America
The following excerpt is from Shell Oil Co. v. Winterthur Swiss Ins. Co., 12 Cal.App.4th 715, 15 Cal.Rptr.2d 815 (Cal. App. 1993):
We must assess the effect of the erroneous "expect" instructions. Instructional error alone is insufficient to overturn a verdict; the appellant must also show the error was prejudicial and resulted in a miscarriage of justice. (Jones v. Toyota Motor Co. (1988) 198 Cal.App.3d 364, 371, 243 Cal.Rptr. 611.)
Page 852
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts dealt with an instruction error in a motor vehicle case? (California, United States of America)
How have courts interpreted the Penal Code instruction in a motor vehicle accident case? (California, United States of America)
Is there a mistake in the instruction of sua sponte instruction on accident in a motor vehicle case? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
How have the courts interpreted the instructions in the context of manslaughter instructions in cases where the instruction was limited or limited? (California, United States of America)
How have the courts dealt with the issue of due process in a motor vehicle case? (California, United States of America)
How have courts interpreted excuse instructions in a motor vehicle case? (California, United States of America)
In a motor vehicle accident case, how have the courts interpreted the standard factor (a)-(b) and (b) instruction in determining the severity of the accident? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
What is the impact of an instructional error in the entrapment instructions in a motor vehicle case? (California, United States of America)
