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Santa Clara California Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions

Category:
Federal - Jury Instructions
State:
Multi-State
County:
Santa Clara
Control #:
US-11CF-9-9-1
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Word; 
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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Santa Clara California Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions refers to a specific set of guidelines provided to a jury during a trial in Santa Clara County, California. These instructions are designed to inform the jury on how to navigate cases involving the partial taking of property by the government under eminent domain laws. Here is a detailed description of this particular jury instruction: 1. Definition and Purpose: Santa Clara California Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions aims to clarify the legal principles that apply to cases where the government lawfully takes only a portion of a property through eminent domain. It helps the jury understand how to assess damages and determine fair compensation for the partial taking of property. 2. Explanation of Partial Taking: This instruction explains that a partial taking occurs when the government exercises its right to take possession of a portion of someone's property, typically for public use, such as building roads, parks, or infrastructure. It emphasizes that the jury's task is to evaluate the impact of this partial taking on the property value and assess appropriate compensation. 3. Factors to Consider: The instruction outlines the factors the jury must consider while determining fair compensation for the partial taking. These factors may include the extent of the taking, the remaining property's value and use, any damages inflicted by the taking, and any special benefits resulting from the government's action. 4. Fair Market Value vs. Severance Damages: The instruction highlights the difference between fair market value and severance damages. Fair market value refers to the value of the property taken at the time of the taking. Severance damages pertain to the reduction in value suffered by the remaining property due to the partial taking. The jury is instructed to consider both when calculating the total compensation. 5. Evidence and Expert Witness Testimony: This instruction conveys that the jury should evaluate all presented evidence, including expert witness testimonies, to determine the fair compensation for the partial taking. Expert witnesses, such as real estate appraisers or land use specialists, may provide their professional opinions on the property value, damages, and any special benefits. Different types or variations of Santa Clara California Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may exist based on the specific circumstances of each trial. However, the exact names or designations of these variations are not provided in the prompt. The content mentioned above provides a comprehensive overview of the general elements and purpose of this jury instruction in Santa Clara County, California.

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FAQ

In Santa Clara, California, the standards for jury instructions center around clarity, conciseness, and legal accuracy. The instructions should guide jurors in understanding the law applicable to the case at hand, particularly under Santa Clara California Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions. Ensuring the instructions avoid ambiguity helps jurors reach a fair verdict based on the evidence presented.

The National Center for State Courts (NCSC) website provides links to jury instructions for 24 states: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Idaho, Illinois, Massachusetts, Michigan, Missouri, Montana, New Jersey, New Mexico, New York, North Dakota, Oklahoma, Tennessee, Utah,

The citation should include the following: Author. Title of the article (in italics or underlined) Abbreviation of journal name (see Tables 10 and 13 in the Bluebook) Date as it appears on the cover (if no date of issue is available, provide the issue number and indicate the volume number before the title) the word "at"

How should the new instructions be cited? The full cite should be to "Judicial Council of California Civil Jury Instructions (year)".

For jury instructions to be effective, they must be clear and simple. Sentences should be short; instruc- 2022 tions should contain no more than a few sentences, cover only one topic, and be directly related to the circumstances of the case (they should not be abstract statements of the law).

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.

No copyright is claimed to the text of the jury instructions, bench notes, authority, other Task Force and Advisory Committee commentary, or references to secondary sources. CITE THIS BOOK: Judicial Council of California Criminal Jury Instructions (2021 edition) Cite these instructions: CALCRIM No.

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.

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.

The Judicial Council of California has adopted award-winning plain language civil and criminal jury instructions that accurately convey the law using language that is understandable to jurors.

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