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  • 1 Assume That During Most of The Year There Was

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    joanne bajeta
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    During most of the year, there was a strip of land around the property in question that was never under water or saturated. The outcome of this case would likely have been different if this was the case. When determining if a district court abused its discretion by omitting a requested jury instruction, a federal appellate court examines three characteristics: whether the instruction was substantially covered by other instructions, whether the issue was central to the trial, and whether the evidence supported the instruction. In this case, the issue was whether the evidence supported the requested instruction. Robert Lucas owned land in Mississippi that he subdivided and sold as mobile home lots. The county required approved septic systems before establishing utilities. Initial approvals by the

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    1 Assume That During Most of the Year There Was

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    During most of the year, there was a strip of land around the property in question that was never under water or saturated. The outcome of this case would likely have been different if this was the case. When determining if a district court abused its discretion by omitting a requested jury instruction, a federal appellate court examines three characteristics: whether the instruction was substantially covered by other instructions, whether the issue was central to the trial, and whether the evidence supported the instruction. In this case, the issue was whether the evidence supported the requested instruction. Robert Lucas owned land in Mississippi that he subdivided and sold as mobile home lots. The county required approved septic systems before establishing utilities. Initial approvals by the

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    19 views1 page

    1 Assume That During Most of The Year There Was

    Uploaded by

    joanne bajeta
    During most of the year, there was a strip of land around the property in question that was never under water or saturated. The outcome of this case would likely have been different if this was the case. When determining if a district court abused its discretion by omitting a requested jury instruction, a federal appellate court examines three characteristics: whether the instruction was substantially covered by other instructions, whether the issue was central to the trial, and whether the evidence supported the instruction. In this case, the issue was whether the evidence supported the requested instruction. Robert Lucas owned land in Mississippi that he subdivided and sold as mobile home lots. The county required approved septic systems before establishing utilities. Initial approvals by the

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    Solved: 1 Assume that during most of the year there was

    1. Assume that during most of the year, there was a solid strip of land around the property in
    question that was never under water or saturated. Would the outcome of this case have been
    the same? Why or why not?
    2. According to the judge, what three characteristics of jury instructions does a federal appellate
    court examine to determine whether a district court has abused its discretion in omitting a
    requested jury instruction? Which of these three characteristics was at issue in this case?

    Robert J. Lucas owned Big Hill Acres, Inc. (BHA, Inc.) and Consolidated Investments, Inc.
    Through these companies, he acquired Big Hill Acres (BHA), a large parcel of land in Jackson
    County, Mississippi, approximately eight miles from the Gulf of Mexico. He subdivided the
    property and sold mobile home lots under long-term installment plans. The property was not
    connected to a central municipal waste system, and County law required Lucas to certify and
    install individual septic systems on each lot before they could establish electric hook-ups or sell
    the lots. In Jackson County, septic systems must be approved by an engineer with the
    Mississippi Department of Health (MDH) or by an independent licensed engineer. Lucas initially
    hired an MDH engineer to approve septic systems, but MDH withdrew many of its initial
    approvals when it found that the lots were on saturated soils. Lucas then hired a private
    licensed engineer, M. E. Thompson, Jr., to approve and certify the septic systems. Robbie
    Lucas Wrigley, Lucas’s daughter, advertised the lots, showed them to prospective buyers, and
    leased them.

    ANSWER
    https://solvedquest.com/1-assume-that-during-most-of-the-year-there-was/

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