Arizona Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions is a legal instruction provided to the jury in Arizona during a trial involving eminent domain or condemnation cases. This instruction specifically guides the jury on how to determine compensation in cases where only a portion of a property is being taken by the government or a condemning authority for public use. In eminent domain cases, when the government exercises its power to take private property for public use, it must provide just compensation to the affected property owners. However, in some instances, only a portion of the property is taken, while the rest remains with the owner. Arizona Jury Instruction — 9.9.1 addresses the specificircumstances FNG partial takings and aims to ensure that the jury considers all relevant factors when determining fair compensation. Keywords: Arizona Jury Instruction, 9.9.1 General Instruction, partial taking, eminent domain, condemnation, public use, compensation, property owner, just compensation, circumstances, fair compensation. Different types of Arizona Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may include: 1. Calculation of Fair Market Value: This type of instruction may provide guidance to the jury on how to assess the fair market value of the entire property before the partial taking occurred. It may instruct the jury to consider factors such as comparable sales, expert appraisals, and any other relevant evidence to determine the value. 2. Determination of Severance Damages: In cases where a partial taking negatively impacts the remaining property's value, this instruction would guide the jury on how to calculate severance damages. Severance damages refer to the diminution in value suffered by the property that remains with the owner after the partial taking. The instruction may provide criteria for the jury to assess the decrease in value caused by the taking. 3. Evaluation of Special Benefits: In certain situations, a partial taking may result in special benefits to the property owner that could offset part of the compensation owed. This instruction would outline the criteria for considering such benefits and guide the jury on determining their value. 4. Consideration of Consequential Damages: When a partial taking causes damages or economic losses beyond the actual taken portion, the jury would need instructions on assessing consequential damages. These damages could include relocation costs, lost profits, or any other detriments resulting from the taking. 5. Legal Standards and Burden of Proof: This instruction would outline the legal standards and burden of proof that the plaintiff (property owner) must meet to establish the compensation owed. It may provide guidelines on the preponderance of evidence or any specific elements that need to be proven by the property owner. Note: The specific types and variations of Arizona Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may vary depending on the particular jurisdiction, case law, and the judge's discretion.
Arizona Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions
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The judge issues their jury instructions at the end of a trial, once the prosecution and defense have presented all of their evidence and arguments.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
A jury instruction is a guideline given by the judge to the jury about the law they will have to apply to the facts they have found to be true. The purpose of the instructions is to help the jury arrive at a verdict that follows the law of that jurisdiction.
In its current form, Rule 30 requires that the court instruct the jury after the arguments of counsel. In some districts, usually where the state practice is otherwise, the parties prefer to stipulate to instruction before closing arguments.
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 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 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.
These instructions or directions help jurors pinpoint a case's specific issues, as well as those laws that are applicable and determinative of the outcome.
Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law.
Jury instructions are instructions given by the judge to a jury at the end of the presentation of evidence to explain to the jury what the applicable laws are. While juries are triers of fact, meaning that they decide what happened, the judge must explain to the jury which laws apply.