What is the test for giving an instruction in a personal injury case?
California, United States of America
The following excerpt is from People v. Silberman, F070893 (Cal. App. 2016):
"Whether or not to give any particular instruction in any particular case entails the resolution of a mixed question of law and fact" which "should be examined without deference." (People v. Waidla (2000) 22 Cal.4th 690, 733.)
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