Return to CALJIC Part 1-2 – Contents
F 1.30a
General Instructions: Definitions — “Substantially” Or “Substantial”
*Re: CJ 1.30: Add to pretrial definitions:
“Substantially” means considerably, essentially or materially.
OR
“Substantial” means essential or important.
Points and Authorities
CJ does not provide a general definition of “substantially” or “substantial” in its section on general instructions dealing with definitions. However, a definition of “substantially” is included in CJ 16.185, which deals with obscenity. That instruction is the first alternative provided above. The second alternative above is taken from the common dictionary definition of the term.
However, it will have to be determined whether instruction upon the term is necessary since it may be argued that it is within the realm of the jurors’ common understanding. This definition of “substantially” contained in CJ 16.185 is attributed in the comment to the case of Universal Engineering Co. v. State Board of Equalization (53) 118 CA2d 36, 42 [256 P2d 1059].
In any event, the meaning of the term could be important in many cases since it is used throughout the standard CJ instructions. (Eg., CJ 3.40; CJ 3.41; CJ 4.17; CJ 4.17.1; CJ 4.18; CJ 4.43; CJ 4.44; CJ 7.35; CJ 7.36; CJ 8.32; CJ 8.81.15; CJ 8.85; CJ 8.88; CJ 9.02; CJ 9.02.1; CJ 9.16.1; CJ 9.16.2; CJ 9.20.1; CJ 9.35; CJ 9.35.01; CJ 9.36.5; CJ 9.37; CJ 9.38; CJ 9.50; CJ 9.51; CJ 9.52; CJ 9.52.1; CJ 9.53; CJ 9.54; CJ 9.54.1; CJ 9.16; CJ 9.90; CJ 9.94; CJ 9.95; CJ 10.42; CJ 10.42.6; CJ 12.35; CJ 12.36; CJ 12.41; CJ 12.55.7; CJ 14.80; CJ 14.82; CJ 14.85; CJ 14.86; CJ 16.161; CJ 16.193; CJ 16.225; CJ 16.292; CJ 16.480; CJ 16.500; CJ 16.501; CJ 17.20; CJ 17.20.1; CJ 17.21.) Moreover, many of these instructions involving the term “substantial” or “substantially” relate to the most serious issues of criminal liability such as imposition of the death penalty (CJ 8.85/CJ 8.88), aggravated kidnapping (CJ 9.52/CJ 9.54), torture/great bodily injury (CJ 9.90/CJ 17.20) and causation (CJ 3.41).