Tennessee Jury Instruction 9.9.1 General Instruction — Including Partial Taking Instructions provides detailed guidance for jurors on how to evaluate cases involving partial takings in the state of Tennessee. This instruction aims to ensure that jurors have a clear understanding of the legal principles and considerations involved in these types of cases. Partial takings occur when the government exercises its power of eminent domain to acquire only a portion of a property, rather than the entire property. Jurors may come across various types of partial takings during their deliberations, each requiring specific instructions and considerations. Some different types of Tennessee Jury Instruction 9.9.1 General Instruction — Including Partial Taking Instructions are: 1. Partial Taking for Public Use: This type of instruction focuses on cases where the government acquires a portion of a property for a public use, such as the construction of a road, bridge, or public facility. Jurors will be informed about the principles guiding public use takings and how to assess the impact on the property owner. 2. Partial Taking for Private Use: In some instances, the government may acquire a portion of a property for private use, such as transferring it to another private entity for economic development purposes. This instruction will outline the legal standards and considerations when the government exercises its power of eminent domain for private use. 3. Assessment of Compensation: Jurors will be provided with instructions on how to determine fair compensation for the property owner in a partial taking case. They will be guided on assessing the market value of the portion taken, any damages to the remaining property, loss of access, and other relevant factors in order to reach a fair and just compensation amount. 4. Noncompensable Damage: This instruction addresses situations where the property owner claims damages, but those damages are deemed noncompensable. Jurors will learn about the legal principles and examples of noncompensable damages so that they can make informed decisions during deliberations. 5. Mitigation of Damages: Jurors may encounter scenarios where the property owner could have taken reasonable steps to mitigate their damages resulting from the partial taking. This instruction will guide jurors on the relevant legal principles and considerations surrounding the property owner's responsibility to mitigate their losses. Overall, Tennessee Jury Instruction 9.9.1 General Instruction — Including Partial Taking Instructions provides jurors with a comprehensive framework for evaluating cases involving partial takings. By understanding these instructions and applying the relevant legal principles, jurors can make well-informed decisions regarding fair compensation and the rights of property owners in the state of Tennessee.
Tennessee 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 that if they believe King and Steve took part in the crime, they must return a verdict of guilty of felony murder. The judge's words are repeated as the camera fades back to Steve's cell. King is in the cell with him.
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 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 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.
Thus, preliminary instructions should cover the statutory requirements, set forth the basic and important legal principles that a jury needs to know, attempt to explain to jurors things they will see and hear during a trial that might otherwise puzzle them, and try to assure jurors that rulings on objections and the ...
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.