U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
123456789101112131415161718192021222324252627283them differ from the way the lawyers have stated them,your memory of them controls.2.A suggestion in a question by counsel or the Court is notevidence unless it is adopted by the answer. A question byitself is not evidence. Consider it only to the extent it isadopted by the answer.3.Testimony or exhibits that have been excluded or stricken,or that you have been instructed to disregard, are notevidence and must not be considered. In addition, sometestimony and exhibits have been received only for alimited purpose; where I have given a limiting instruction,you must follow it.4.Anything you may have seen or heard when the Court wasnot in session is not evidence.4.Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, such as testimony by a witness about what that witness personally sawor heard, or did. Circumstantial evidence is proof of one or more facts fromwhich you could find another fact. By way of example, if you wake up in themorning and see that the sidewalk is wet, you may find from that fact that itrained during the night. However, other evidence, such as a turned-on gardenhose, may explain the presence of water on the sidewalk. Therefore, before youdecide that a fact has been proved by circumstantial evidence, you must considerall the evidence in the light of reason, experience and common sense. You shouldconsider both kinds of evidence. The law makes no distinction between theweight to be given to either direct or circumstantial evidence. It is for you todecide how much weight to give to any evidence.
Case3:10-cv-03561-WHA Document1017 Filed04/30/12 Page3 of 19