Jury instructions
on selected torts
[taken from California's new plain-language civil instructions, known
as CACI]
1300
Battery-Essential Factual Elements
[Name of plaintiff] claims that [name of defendant] committed a
battery. To establish this claim, [name of plaintiff] must prove all of
the following:
1. That [name of defendant] [touched [name of plaintiff]] [or] [caused
[name of plaintiff] to be touched] with the intent to harm or offend
[him/her];
2. That [name of plaintiff] did not consent to be touched; and
3. That [name of plaintiff] was harmed or offended by [name of
defendant]’s conduct.
[A touching is offensive if it offends a reasonable sense of personal
dignity.]
530
Medical Battery
A [insert type of medical practitioner] commits a battery if:
[He or she performs a medical
procedure without the patient’s consent.]
[The patient consents to one medical procedure, but the [insert
type of medical practitioner] performs a substantially different
medical procedure.]
A patient can consent to a medical procedure by words or conduct.
1301: Assault—Essential Factual Elements
[Name of plaintiff] claims that [name of defendant] assaulted
[him/her]. To establish this claim, [name of plaintiff] must prove all
of the following:
1. [That [name of defendant] intentionally did an act that made [name
of plaintiff] reasonably believe that [he/she] was about to be touched
in a harmful or offensive manner;]
[or]
[That [name of defendant] threatened to touch [name of plaintiff] in a
harmful or offensive manner, and that it reasonably appeared to [name
of plaintiff] that [he/she] was about to carry out the threat;]
2. That [name of plaintiff] did not consent to [name of defendant]’s
conduct; and
3. That [name of plaintiff] was harmed; and
4. That [name of defendant]’s conduct was a substantial factor in
causing [name of plaintiff]’s harm.
[A touching is offensive if it offends a reasonable sense of personal
dignity.]
FALSE IMPRISONMENT
1400: Essential Factual Elements, No Arrest Involved
[Name of plaintiff] claims that [he/she] was wrongfully
[restrained/confined/detained] by [name of defendant]. To establish
this claim, [name of plaintiff] must prove all of
the following:
1.That [name of defendant] intentionally deprived [name of plaintiff]
of [his/her] freedom of movement by use of [physical barriers/force/
threats of force/menace/fraud /deceit/unreasonable duress]; [and]
2.That [name of plaintiff] did not consent;
3. That [name of plaintiff] was [actually] harmed; and
4. That [name of defendant]’s conduct was a substantial factor in
causing [name of plaintiff]’s harm.
2000: Trespass
[Name of plaintiff] claims that [name of defendant] trespassed on
[his/her/its] property. To establish this claim, [name of
plaintiff] must prove all of the following:
1.That [name of plaintiff] [owned/leased/occupied/controlled] the
property;
2.That [name of defendant] [intentionally, recklessly, or negligently
entered [name of plaintiff]’s property] [or]
[intentionally, recklessly, or negligently caused [another
person/[insert name of thing]] to enter [name of plaintiff]’s property];
3. That [name of plaintiff] did not give permission for the entry [or
that [name of defendant] exceeded [name of plaintiff]’s permission];
[and]
4. That [name of plaintiff] was [actually] harmed; and
5. That [name of defendant]’s [entry/conduct] was a substantial factor
in causing [name of plaintiff]’s harm.
[Entry can be on, above, or below the surface of the land.]
[Entry may occur indirectly, such as by causing vibrations that damage
the land or structures or other improvements on the land.]
2100: Conversion—Essential Factual Elements
[Name of plaintiff] claims that [name of defendant] wrongfully
exercised control over [his/her/its] personal property. To establish
this claim, [name of plaintiff] must prove all of the following:
1.That [name of plaintiff] [owned/possessed/had a right to possess] a
[insert item of personal property];
2.That [name of defendant] intentionally [insert one or more of the
following:]
[took possession of the [insert item of personal property] for a
significant
period of time;] [or]
[prevented [name of plaintiff] from having access to the [insert item
of personal property] for a significant period of time;] [or]
[destroyed the [insert item of personal property];]
3. That [name of plaintiff] did not consent;
4. That [name of plaintiff] was harmed; and
5. That [name of defendant]’s conduct was a substantial factor in
causing [name of plaintiff]’s harm.
1900: Intentional Misrepresentation
[Name of plaintiff] claims that [name of defendant] made a false
representation that harmed [him/her/it]. To establish this claim, [name
of plaintiff] must prove all of the following:
1.That [name of defendant] represented to [name of plaintiff] that an
important fact was true;
2.That [name of defendant]’s representation was false;
3. That [name of defendant] knew that the representation was false when
[he/she] made it, or that [he/she] made the representation recklessly
and without regard for its truth;
4. That [name of defendant] intended that [name of plaintiff] rely on
the
representation;
5. That [name of plaintiff] reasonably relied on [name of defendant]’s
representation;
6. That [name of plaintiff] was harmed; and
7. That [name of plaintiff]’s reliance on [name of defendant]’s
representation was a substantial factor in causing [his/her/its] harm.
1600: Intentional Infliction of Emotional Distress
[Name of plaintiff] claims that [name of defendant]’s conduct caused
[him/her] to suffer severe emotional distress. To establish this claim,
[name of plaintiff] must prove all of the following:
1.That [name of defendant]’s conduct was outrageous;
2.[That [name of defendant] intended to cause [name of plaintiff]
emotional distress;] [or]
[That [name of defendant] acted with reckless disregard of the
probability that [name of plaintiff] would suffer emotional distress,
knowing that [name of plaintiff] was present when the conduct occurred;]
3. That [name of plaintiff] suffered severe emotional distress; and
4. That [name of defendant]’s conduct was a substantial factor in
causing [name of plaintiff]’s severe emotional distress.
400 NEGLIGENCE: Essential Factual Elements
[Name of plaintiff] claims that [he/she] was harmed by [name of
defendant]’s negligence. To establish this claim, [name of plaintiff]
must prove all of the following:
1.That [name of defendant] was negligent;
2. That [name of plaintiff] was harmed; and
3. That [name of defendant]’s negligence was a substantial factor in
causing [name of plaintiff]’s harm.
Just because [name of plaintiff] was harmed does not, by itself, mean
that [name of defendant] is legally responsible for the harm
401 Basic Standard of Care
Negligence is the failure to use reasonable care to prevent harm to
oneself or to others.
A person can be negligent by acting or by failing to act.
A person is negligent if he or she does something that a reasonably
careful person would not do in the same
situation or fails to do something that a reasonably careful person
would do in the same situation.
You must decide how a reasonably careful person would have acted in
[name of plaintiff/defendant]’s situation.