California, United States of America
The following excerpt is from Orient Handel v. U.S. Fid. & Guar. Co., 192 Cal.App.3d 684, 237 Cal.Rptr. 667 (Cal. App. 1987):
"The general rule is that 'it is the responsibility of the trial court to instruct the jury on the controlling legal principles applicable to a case....' [Citation.]" (Wank v. Richman & Garrett (1985) 165 Cal.App.3d 1103, 1113, 211 Cal.Rptr. 919.) The parties are " 'entitled to have every theory of [their] case submitted to the jury in accordance with the evidence [citations], and the trial court must, when requested, instruct on all vital issues involved.' " However, " '... an erroneous, misleading or incomplete instruction may be refused by the court, and ... the latter is under no duty to modify such instruction or give others in its place, " 'as long as the jury is properly instructed as to the law of the case.' " [Citations.]' " (Ibid.)
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