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HomeEvidence CodeDiv. 5Ch. 1Art. 1§ 502 Jury Instruction Burden Of Proof

§ 502 Jury Instruction Burden Of Proof

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 502 Jury Instruction Burden Of Proof

Key Takeaways

  • •The judge tells the jury who has to prove their side of the story.
  • •The judge explains how strong the proof needs to be, like 'more likely than not' or 'super sure without doubt'.
  • •This helps the jury decide who wins the case based on the right rules.

Example

Imagine two neighbors arguing in court about who broke a fence.

The judge will tell the jury that the person who says their neighbor broke the fence must prove it. The judge will also say if they need to be just 'pretty sure' or 'super sure' that it happened. If they don’t prove it well enough, the other neighbor wins.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 502 Jury Instruction Burden Of Proof

The court on all proper occasions shall instruct the jury as to which party bears the burden of proof on each issue and as to whether that burden requires that a party raise a reasonable doubt concerning the existence or nonexistence of a fact or that he establish the existence or nonexistence of a fact by a preponderance of the evidence, by clear and convincing proof, or by proof beyond a reasonable doubt. (Enacted by Stats. 1965, Ch. 299.)

Last verified: January 22, 2026

Key Terms

burden of proofreasonable doubtpreponderance of the evidenceclear and convincing proofproof beyond a reasonable doubt

Related Statutes

  • § 500 Burden Of Proof Rules
  • § 501 Burden Of Proof Rules
  • § 1400 Writing Authentication Rules
  • § 1401 Writing Authentication Requirement
  • § 1402 Altered Document Evidence Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 502.
View Official Source