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Bar News - August 13, 2004 Examples of California's Traditional vs. Plain-English Instructions Book of Approved Jury Instructions (BAJI) BAJI 2.00: "Circumstantial evidence is evidence that, if found to be true, proves a fact from which an inference of the existence of another fact may be drawn. A factual inference is a deduction that may logically and reasonably be drawn from one or more facts established by the evidence."California Judicial Council Advisory Committee on Civil Jury Instructions (CACI) CACI 202: "Some evidence proves a fact directly, such as testimony of a witness who saw a jet plane flying across the sky. Some evidence proves a fact indirectly, such as testimony of a witness who saw only the white trail that jet planes often leave. This indirect evidence is sometimes referred to as ‘circumstantial evidence.’ In either instance, the witness’s testimony is evidence that a jet plane flew across the sky."AJI 2.21: "Failure of recollection is common. Innocent misrecollection is not uncommon.CACI 107: "People often forget things or make mistakes in what they remember."BAJI 2.60: "‘Preponderance of the evidence’ means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it."CACI 200: "When I tell you that a party must prove something, I mean that the party must persuade you, by the evidence presented in court, that what he or she is trying to prove is more likely to be true than not true. This is sometimes referred to as "the burden of proof.’"http://www.courtinfo.ca.gov/reference/documents/civiljuryinst.pdf
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