Maryland Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions refers to the set of guidelines provided to the jury by the court during a trial involving a condemnation case or eminent domain proceedings in the state of Maryland. These instructions are intended to help the jury understand and determine appropriate compensation for property owners when the government is taking a portion or the entirety of their property for public use. The General Instruction — Including Partial Taking Instructions typically covers several key aspects that the jury needs to consider when determining fair compensation. These instructions may include the following: 1. Definition of Partial Taking: The instruction would highlight that a partial taking occurs when the government only acquires a specific area or portion of the property, rather than the entire property. It may emphasize that the remaining property may still be affected by the taking and that the jury should consider the impact on the property's value as a whole. 2. Determining Compensation: The instruction would instruct the jury members to assess the damages incurred by the property owner due to the partial taking. It may include factors such as the decrease in the property's value, loss of access, loss of use, and any other direct or indirect economic repercussions on the remaining property. 3. Fair Market Value: The jury would be directed to determine the fair market value of the entire property both before and after the partial taking. This would involve assessing comparable sales in the area, expert testimonies, and any other relevant evidence that portrays the property's value before and after the taking. 4. Severance Damages: If applicable, the instruction may also guide the jury in determining severance damages, which refer to the damages caused to the remaining portion of the property due to the partial taking. These damages may account for the diminution in the value or any undue burdens placed on the remaining property. 5. Just Compensation: Lastly, the instruction would stress the requirement for the government to provide just compensation to the property owner as mandated by the U.S. Constitution and Maryland law. It would emphasize that the determination of fair and just compensation should be based on objective considerations and not influenced by sympathy or personal opinion. Different types or variations of Maryland Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may exist depending on the specifics of the case or the particular court's procedures. However, it is important to consult the official Maryland Jury Instruction guidelines or consult legal professionals for precise and up-to-date information.
Maryland Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions
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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.
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.
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.
Pinpoint instructions "relate particular facts to a legal issue in the case or "pinpoint" the crux of a defendant's case, such as mistaken identification or alibi.
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.
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.
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.
CACI (Pronounced "Casey") is the name of the Judicial Council of California Civil Jury Instructions, the official civil jury instructions and verdict forms approved by the council on July 16, 2003. "CACI" means "California Civil Instructions."