The New Jersey Jury Instruction 9.9.1 is a general instruction that provides guidance and information to the jury regarding partial takings in legal cases. This instruction is specifically designed to ensure that jurors have a clear understanding of the principles and considerations involved in partial takings. Partial takings occur when the government or any other entity exercises the power of eminent domain to take only a portion of a property owner's land or property rights, rather than the entire property. This instruction helps jurors understand the legal framework surrounding partial takings and assists them in reaching an informed decision on compensation for the affected property owner. Key points covered in New Jersey Jury Instruction 9.9.1 may include: 1. Definition: This instruction defines the concept of partial takings, explaining that it involves the taking of a portion but not the entirety of the owner's property. 2. Just Compensation: Jurors are informed that property owners whose lands or property rights are partially taken are entitled to just compensation under the law. This includes fair and reasonable compensation for the value of the taken portion, as well as any damages to the remaining property caused by the partial taking. 3. Determining Compensation: The instruction explains that jurors should consider various factors in determining fair compensation for the partial taking, such as the market value of the taken portion, the extent of the interference with the property owner's rights, any decrease in the value of the remaining property, and any benefits resulting from the taking. 4. Legal Standards: Jurors may be instructed on the legal standards applicable to partial takings cases. This can include the requirement that the government's taking be for a public purpose or use, as well as any other legal principles that apply to the specific case. It is important to note that New Jersey Jury Instruction 9.9.1 may have other variations or types depending on the specific circumstances and details of the case. For instance, there might be different instructions if the partial taking involves different types of properties, such as residential, agricultural, or commercial properties. The variations in instructions may also arise based on the specific legal issues, such as the proportionality of the partial taking or the impact on the property owner's intended use of the remaining property. Overall, New Jersey Jury Instruction 9.9.1 General Instruction — Including Partial Taking Instructions is crucial in providing jurors with the necessary guidance and information to fairly assess and determine the compensation for property owners who have experienced partial takings.
New Jersey Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions
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If you have a compelling reason to be excused from jury service (extreme inconvenience or undue hardship), you must notify the jury office in writing. Any request must be prepared by the juror and detail the hardship. You may include any attachments you deem appropriate to aid the Court in rendering a decision.
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.
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 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.
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.
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.
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.
What is Curative Instructions? It is the main remedy for correcting error when the jury has heard inadmissible evidence; such instructions must avoid or try to erase any prejudice to the accused.