California Jury Instruction 9.9.1, also known as the General Instruction — Including Partial Taking Instructions, is a legal guideline that provides instructions to the jury in cases involving partial takings of property. This instruction is designed to educate the jurors on the applicable law and guide them when determining compensation for the property owners. In cases of eminent domain or condemnation proceedings, the government may acquire only a portion of the property from the owner, resulting in a partial taking. When this happens, it is crucial to establish a fair and just compensation for the owner based on the loss incurred. The purpose of California Jury Instruction 9.9.1 is to outline the factors and considerations the jury should take into account when assessing the damages resulting from a partial taking. The instruction covers various aspects to ensure a comprehensive evaluation of the extent and impact of the partial taking on the property owner. This instruction may include the following types of California Jury Instruction 9.9.1 General Instruction, depending on the specific circumstances of the case: 1. Evaluation of Property Value: The jury is instructed to assess the fair market value of the property both before and after the partial taking. This allows them to determine the decrease in value caused by the government's acquisition. 2. Damages for Loss of Use: In some cases, the partial taking might restrict or limit the property owner's ability to use the remaining portion of their property. The instruction may guide the jury on considering damages for this loss of use. 3. Severance Damages: If the partial taking negatively affects the value or functionality of the remaining property, the instruction may direct the jury to award severance damages. This compensates the property owner for any harm caused to the remaining portion. 4. Special Benefits: The jury may also be instructed to consider any special benefits accruing to the property owner as a result of the partial taking. Special benefits can arise from the government's actions or the construction of public infrastructure that may increase the value of the remaining property. Overall, California Jury Instruction 9.9.1 General Instruction — Including Partial Taking Instructions provides the jury with a framework to assess the various elements involved in determining just compensation for property owners in cases of partial takings. By considering factors such as the value of the property, damages for loss of use, severance damages, and special benefits, the instruction ensures a fair and equitable resolution in such cases.
California Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions
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The Texas Pattern Jury Charges series is widely accepted by attorneys and judges as the most authoritative guide for drafting questions, instructions, and definitions in a broad variety of cases.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
The full cite should be to "Judicial Council of California Civil Jury Instructions (year)". The short cite to particular instructions should be to "CACI No. ____."
A party must persuade you, by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as "the burden of proof."
The idea behind a limiting instruction is that it is better to admit relevant and probative evidence, even in a limited capacity, and take the chance that the jury will properly apply it in its decision making, rather than to exclude it altogether.
The judge reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.