Kentucky Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions is a legal guideline provided to jurors in the state of Kentucky when they are tasked with deciding a case involving partial taking of property. This instruction provides specific guidance on how jurors should evaluate and determine the compensation to be awarded to the property owner in cases where only a portion of their property has been taken by the government or any other entity for public use. The purpose of Kentucky Jury Instruction — 9.9.1 General Instruction is to ensure that jurors understand the legal principles and factors that should be considered in determining just compensation for the partial taking of property. It emphasizes that the property owner should be fairly compensated for the value of the taken portion, as well as any damages to the remaining property caused by the taking. Key factors outlined in the instruction include the fair market value of the taken portion, any decrease in the fair market value of the remaining property, and any special damages or specific interference with the owner's rights caused by the partial taking. Jurors are instructed to consider evidence presented during the trial, such as appraisals, expert testimony, and any relevant documentation, to assess these factors and arrive at a fair and reasonable compensation amount. While there may not be different types of Kentucky Jury Instruction — 9.9.1 General Instruction, it is essential to understand that there might be variations or additions to this instruction based on the specific circumstances of the case, the nature of the taking, and applicable laws. These variations could include instructions regarding easements, temporary takings, inverse condemnations, or specific regulations related to the type of property being affected (e.g., residential, commercial, agricultural). Overall, Kentucky Jury Instruction — 9.9.1 General Instruction plays a crucial role in ensuring that jurors have a clear understanding of the legal principles involved in determining compensation for partial takings. By giving jurors proper guidance, this instruction helps promote fairness and justice in cases where property owners are impacted by the government's exercise of eminent domain or other takings for public use.
Kentucky Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions
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A party who objects to any portion of the instructions or to a failure to give a requested instruction must inform the court of the specific objection and the grounds for the objection before the jury retires to deliberate.
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.
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.
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.
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.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
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.