| Proposed Jury Instructions for Civil Environmental and Land Use
Cases; Request For Practitioners’ Comments
The Section’s Ad Hoc Committee for Jury Instructions
for Civil Environmental and Land Use Cases requests the assistance of environmental
practitioners in peer reviewing some preliminary proposed jury instructions.
The committee has prepared for review and potential approval by the Executive
Counsel of the ELULS the following proposed jury instructions for certain
environmental and land use cases. You are invited to submit comments
and proposed changes, by March 1, 1998, to:
Kirk Burns, Halsey & Burns, P.A.,
4980 First Union Financial Center
200 South Biscayne Boulevard
Miami Florida 33131
tel: 305 375-0077
fax: 305 375-0020
email: burns@halseylaw.com .
The following proposed jury instructions were
prepared by the Ad Hoc Committee using the following process. The
committee initially agreed upon a core group of six jury instructions:
private nuisance, public nuisance, trespass, strict liability, permanence
of injury, and measure of damages. Individual committee members drafted
proposed instructions on a chosen subject, and the draft instructions were
then circulated among the group for comment and revision. Five instructions
were ultimately agreed upon (the draft instructions for permanence of injury
and measure of damages were merged into one instruction). The instructions
have been formatted consistent with the Florida Standard Jury Instructions
in Civil Cases. Peer review is invited.
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Proposed Jury Instructions for Civil