CACI VF-1301 Battery—Self-Defense/Defense of Others at Issue

California Civil Jury Instructions CACI

VF-1301 Battery—Self-Defense/Defense of Others at Issue


We answer the questions submitted to us as follows:

1.Did [name of defendant] [touch [name of plaintiff]] [or] [cause [name of plaintiff] to be touched] with the intent to harm or offend [him/her/nonbinary pronoun]?

 Yes   No

If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

2.Did [name of plaintiff] consent to be touched?

 Yes   No

If your answer to question 2 is no, then answer question 3. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.

3.Was [name of plaintiff] harmed [or offended] by [name of defendant]’s conduct?

 Yes   No

If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

[4.Would a reasonable person in [name of plaintiff]’s situation have been offended by the touching?

 Yes   No

If your answer to question 4 is yes, then answer question 5. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.]

5.Did [name of defendant] reasonably believe that [name of plaintiff] was going to harm [him/her/nonbinary pronoun/[insert identification of other person]]?

 Yes   No

If your answer to question 5 is yes, then answer question 6. If you answered no, skip question 6 and answer question 7.

6.Did [name of defendant] use only the amount of force that was reasonably necessary to protect [himself/herself/nonbinary pronoun/[insert identification of other person]]?

 Yes   No

If your answer to question 6 is no, then answer question 7. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.

7.What are [name of plaintiff]’s damages?

[a.Past economic loss

[lost earnings $]

[lost profits $]

[medical expenses $]

[other past economic loss $]

Total Past Economic Damages: $]

[b.Future economic loss

[lost earnings $]

[lost profits $]

[medical expenses $]

[other future economic loss$]

Total Future Economic Damages: $]

[c.Past noneconomic loss, including [physical
pain/mental suffering:] $]

[d.Future noneconomic loss, including [physical
pain/mental suffering:] $]

TOTAL $

Signed:Presiding Juror
Dated:  

After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom.


New September 2003; Revised October 2004, April 2007, December 2010, December 2016


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Directions for Use

This verdict form is based on CACI No. 1300, Battery—Essential Factual Elements, and CACI No. 1304, Self-Defense/Defense of Others.

The special verdict forms in this section are intended only as models. They may need to be modified depending on the facts of the case.

Give the bracketed words in question 3 and bracketed question 4 only if the offensive nature of the conduct is at issue. In most cases, it will be clear whether the alleged conduct was offensive. The offensive nature of the conduct will most likely not be at issue if the conduct was clearly harmful.

If specificity is not required, users do not have to itemize all the damages listed in question 7 and do not have to categorize “economic” and “noneconomic” damages, especially if it is not a Proposition 51 case. The breakdown of damages is optional depending on the circumstances.

If there are multiple causes of action, users may wish to combine the individual forms into one form. If different damages are recoverable on different causes of action, replace the damages tables in all of the verdict forms with CACI No. VF-3920, Damages on Multiple Legal Theories.

If the jury is being given the discretion under Civil Code section 3288 to award prejudgment interest (see Bullis v. Security Pac. Nat’l Bank (1978) 21 Cal.3d 801, 814 [148 Cal.Rptr. 22, 582 P.2d 109]), give CACI No. 3935, Prejudgment Interest. This verdict form may need to be augmented for the jury to make any factual findings that are required in order to calculate the amount of prejudgment interest.