Alameda California Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions is a set of instructions provided to the jury during a trial in Alameda County, California. These instructions specifically address cases involving partial taking, where a government entity acquires only a portion of a property for public use through eminent domain. In cases of partial taking, the property owner is entitled to receive just compensation for the portion taken, as well as any damages caused to the remaining property. The jury instruction 9.9.1 provides guidance to the jury in determining the appropriate amount of compensation to be awarded to the property owner. The instruction consists of several key elements that the jury needs to consider when calculating compensation. These elements include the fair market value of the property taken, the reduction in value of the remaining property, severance damages (if any), and any special benefits resulting from the public project for which the partial taking is made. The fair market value of the property taken refers to the amount that a willing buyer would pay to a willing seller, considering all relevant factors at the time of the taking. This value serves as the baseline for determining the compensation. The reduction in value of the remaining property accounts for any decrease in value caused by the partial taking. For example, if the partial taking affects the accessibility, visibility, or usefulness of the remaining property, it may result in a decrease in its overall value. Severance damages, if applicable, refer to any damages suffered by the remaining property due to the partial taking. These damages may include increased maintenance costs, loss of privacy, or interference with existing improvements on the property. Lastly, any special benefits resulting from the public project for which the taking is made need to be considered. For instance, if the partial taking creates new infrastructure or amenities that enhance the value of the remaining property, these benefits may offset some compensation to be awarded. It is important to note that there may be variations or additional instructions specific to different types of partial takings in Alameda County. For instance, there might be separate instructions for cases involving residential properties, commercial properties, or vacant lands. These specialized instructions would provide more detailed guidance tailored to the specific circumstances of each case. In summary, Alameda California Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions provides the jury with guidelines for determining just compensation in cases involving partial takings in Alameda County. Through careful consideration of factors such as fair market value, reduction in value of remaining property, severance damages, and special benefits, the jury aims to provide a fair and equitable outcome for both the property owner and the government entity involved.
Alameda California Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions
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Appearing in court for the second summons can satisfy the juror's requirements. It can avoid further repercussions and penalties. However, some courts will issue a fine after just one missed jury duty date. If a fine is issued, jurors may have to pay it or excuse their initial absence to resolve the situation.
(1) No class or category of persons may be automatically excluded from jury duty except as provided by law. (2) A statutory exemption from jury service must be granted only when the eligible person claims it. (3) Deferring jury service is preferred to excusing a prospective juror for a temporary or marginal hardship.
A jury instruction is given by the judge to the jury to explain what is happening in the court, to explain the points of law relevant to the case, to explain certain aspects of the evidence presented and to assist the jurors in understanding their duties in reaching a verdict.
Your day in court Instead call 510-891-6031 or email jury@alameda.courts.ca.gov to explain your condition and request a deferral of your jury service. If directed to report, plan to attend court as a juror from a.m. to p.m. The time you are released will depend on the court's schedule.
(c) Process for requesting permanent medical excuse (1) An applicant must submit to the jury commissioner a written request for permanent medical excuse with a supporting letter, memo, or note from a treating health care provider.
You may postpone your jury service two times within one year from your initial report date. You may request postponement of your jury service online after submitting your online questionnaire.
Non- standard jury instructions are referred to as special instructions that are specially tailored to ensure compliance with the law and rules in a given case. Most states have pattern instructions that have been approved for use in different types of cases.
What about school? Students are not exempt from jury duty. You may request a postponement of your service to the next school break.
Jury service can only be deferred once. Applications to be excused from jury services are only considered in exceptional circumstances. You also have the right to be excused from jury service if you have previously served or attended to serve on a jury in the previous 2 years.
The Superior Court realizes prospective jurors may have been summoned at an inconvenient time and in most instances are willing to defer or postpone service to a more convenient time. Jury service may be postponed one time for a maximum of 90 days from the original summons date.