Connecticut Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions In Connecticut, the jury instruction 9.9.1 relates to general instructions provided to jurors when considering cases involving partial takings. This instruction guides the jury on how to evaluate evidence and make informed decisions when the government exercises its power of eminent domain to partially take private property for public use. Keywords: Connecticut, jury instruction, 9.9.1, general instruction, partial taking, eminent domain, public use, private property, evidence, informed decisions. When a government entity exercises its power of eminent domain, it may sometimes only take a portion of a property instead of the entire parcel. In such cases, the jury must consider the specific instructions provided to them to ensure fair and just determinations. The Connecticut jury instruction 9.9.1 aims to provide clarity on how jurors should approach cases involving partial takings. It begins by explaining the purpose of eminent domain and its requirement of public use. The instruction emphasizes that property owners are entitled to just compensation for the taking, regardless of the percentage of the property affected. The instruction further highlights the importance of considering the evidence presented during the trial. Jurors are instructed to evaluate various factors, including the extent of the partial taking, the impact on the property's value, and any consequential damages caused by the taking. Connecticut recognizes different types of partial takings that may occur under eminent domain: 1. Temporary Partial Takings: These involve situations where the government only requires the property for a limited period, after which it will be returned to the owner. Jurors must consider the duration of the taking and its impact on the property's value and utility. 2. Permanent Partial Takings: This type of taking involves a permanent acquisition of a portion of the property by the government. Jurors must assess the extent to which the taking diminishes the property's value and the loss of rights associated with the taken portion. 3. Construction-related Partial Takings: These occur when the government temporarily acquires a portion of the property during construction or infrastructure development projects. Jurors need to consider the duration, impact, and value reduction resulting from the temporary taking. Overall, the Connecticut jury instruction 9.9.1 guides jurors in evaluating partial takings within the context of eminent domain cases. It emphasizes fair compensation for property owners and highlights the importance of considering the evidence to make well-informed decisions. Note: These are general descriptions of the jury instruction and may not reflect the exact content or variations that may exist in different cases, as instructions can be subject to specific circumstances and judicial discretion. For accurate information, reference to the official jury instructions and applicable Connecticut laws is essential.
Connecticut Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions
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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 judge instructs the jury about the relevant laws that should guide its deliberations. (In some jurisdictions, the court may instruct the jury at any time after the close of evidence. This sometimes occurs before closing arguments.) The judge reads the instructions to the jury.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
Duplicate names, along with the names of deceased individuals, permanently disabled individuals and anyone at least 70 years of age and older who chooses not to serve, are removed from the list. The lists are combined to form a single list of individuals from which jurors are randomly selected.
During a Supreme Court judge and jury trial, the charge to the jury is the instructions given to the jury by the judge which summarize the case and explain the law, enabling the jury to apply the law to the facts of the case.
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.