What is the test for reversing a finding of misconduct in a civil case?
California, United States of America
The following excerpt is from People v. Vassallo, A129625 (Cal. App. 2012):
In any event, to warrant reversal the challenged conduct must be prejudicial. "What is crucial to a claim of prosecutorial misconduct is . . . the potential injury to the defendant." (People v. Benson (1990) 52 Cal.3d 754, 793.) When the claim "focuses upon comments made by the prosecutor before the jury, the question is whether there is a reasonable likelihood that the jury construed or applied any of the complained-of remarks
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