Utah Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Utah Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions provides guidance to juries concerning partial takings of private property by the government for public purposes. It clarifies the legal process and considerations involved in determining just compensation for the affected property owners. The purpose of this instruction is to ensure that the jury comprehends the factors to be considered in cases where the government acquires only a portion of an individual's property, while leaving the remainder intact. The instruction aids jurors in evaluating the value of the taken portion as well as any potential damages inflicted on the remaining property. Key elements covered in Utah Jury Instruction — 9.9.1 include: 1. Just Compensation: The instruction explains that the property owner is entitled to receive just compensation for the taking, which should be equal to the fair market value of the property taken as of the date of the taking. It emphasizes the importance of determining this value accurately. 2. Intangible damages: The instruction highlights that in certain cases, the remaining property may suffer intangible damages due to the partial taking. These damages might include issues like loss of visibility, increased noise, or decreased privacy resulting from the public use of the taken property. 3. Benefits to the remaining property: The instruction recognizes that in some instances, the remaining property may experience benefits as a result of the taking. These benefits could enhance the remaining property's value and should be considered when calculating just compensation. 4. Burden of proof: It clarifies that the property owner has the burden of proving the fair market value of the taken property and any damages to the remaining property. It also highlights that the government has the burden of proving any benefits to the remaining property. Different variations or types of Utah Jury Instruction — 9.9.1 GeneraInstructionio— - Including Partial Taking Instructions may exist, focusing on specific scenarios or legal precedents. Some potential variations include: 1. Utah Jury Instruction — 9.9.1.1 Instruction on Intangible Damages: This variation provides further guidance on determining intangible damages caused to the remaining property and their impact on just compensation. 2. Utah Jury Instruction — 9.9.1.2 Instruction on Benefit Analysis: This instruction offers more specific guidelines on evaluating the benefits or enhancements to the remaining property resulting from the partial taking and their correlation to just compensation. 3. Utah Jury Instruction — 9.9.1.3 Instruction on Burden of Proof: This variation elaborates on the burden of proof for both the property owner and the government in establishing fair market value, damages, and benefits to accurately determine just compensation. These variations ensure that jury instructions cater to specific cases that may require additional clarity or specific considerations related to partial takings and just compensation under Utah law.

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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 ...

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.

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 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 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.

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.

If the court admits evidence that is admissible against a party or for a purpose ? but not against another party or for another purpose ? the court, on timely request, must restrict the evidence to its proper scope and instruct the jury ingly.

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Utah Jury Instruction - 9.9.1 General Instruction - Including Partial Taking Instructions