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Other Benefits of CACI Jury Instructions

September 21, 2010

By Barbara Haubrich-Hass, ACP/CAS

When I have a question of law, one place I look to find the answer is the CACI Civil Jury Instructions.  Jury instructions are the legal rules that the judge gives to the jury right before the jury deliberates to help guide the jury on the law relating to that particular matter.  What I like most about the CACI jury instructions is that it provides the actual jury instruction, but below the instruction it provides "Directions for Use" and "Sources and Authority."  The "Sources and Authority" section below the instruction is a very valuable tool in directing you to the code sections and supporting case law that relates to that particular jury instruction. 

For purposes of this article, I flipped the CACI book opened and came to CACI Instruction 302 on Contract Formation - Essential Factual Elements.  What I learned under "Sources and Authority" is that Civil Code Section 1550 provides the authority for this instruction and states:

"It is essential to the existence of a contract that there should be:  1.  Parties capable of contracting; 2.  Their consent; 3.  A lawful object; and 4.  A sufficient cause or consideration."

So the next time you have contention interrogatories to respond to, points and authorities for a motion, or a meet and confer letter, try the CACI Jury Instructions and see what you come up with.

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DISCLAIMER: Barbara Haubrich-Hass, ACP/CAS, is not an attorney. Any information derived from The California Litigator, and any other statements contained herein, are for information purposes only, and should not be construed as legal advice or a recommendation on a legal matter. The information from The California Litigator is not guaranteed to be correct, complete, or current. Barbara makes no warranty, express or implied, about the accuracy or reliability of the information provided within this article, or to any other website to which this article may be linked.