Is a jury required to agree that neither party bears the burden of proof?
California, United States of America
The following excerpt is from People v. Brooks, 2 Cal.5th 674, 216 Cal.Rptr.3d 528, 393 P.3d 1 (Cal. 2017):
and the trial court is not required to explicitly tell the jury that neither party bears the burden of proof." (People v. Leonard, supra , 40 Cal.4th at p. 1429, 58 Cal.Rptr.3d 368, 157 P.3d 973.)
[393 P.3d 83]
[2 Cal.5th 788]
"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
Is a jury required to agree that neither party bears the burden of proof? (California, United States of America)
What is the burden of proof against a party who is not the party asserting the claim? (California, United States of America)
When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
Does a third party, uninvolved in causing the damage, have to bear the burden of compensating the injured parties? (California, United States of America)
What is the test for determining whether a party has a burden of burden on moving parties? (California, United States of America)
What is the burden of proving that a party has met the moving party's burden? (California, United States of America)
Does a defendant who seeks a finding of mental incompetence bear the burden of proof thereon? (California, United States of America)
Is a party required to request that the court enter judgment on a valid jury verdict in order for that party to have the benefit of the verdict? (California, United States of America)
What is the burden of proof required to prove that a mistake was prejudicial? (California, United States of America)
Is a jury required to be instructed on the burden of proof during the penalty phase? (California, United States of America)
