Posted: December 10, 2024
Civil Jury Instructions – Avoiding Bias, Easements, Present Cash Value – Comment period expires January 24, 2025
The following instructions and/or associated Committee Notes have been updated and published:
CV922 Prescriptive Easement. Elements of a claim.
CV923 Prescriptive Easement. “Continuous” Defined.
Please reference the instruction(s) in your comments. Although the comment period runs through January 24, 2025, the instructions are ready for use. The Model Civil Jury Instructions Committee will consider all comments made during the comment period and may revise the instructions as appropriate. To view all MUJI Civil instructions please visit the MUJI website – here.
The Judicial Council also encourages judges and practitioners to continuously share their experiences using any of the published instructions with the Model Civil Jury Instructions Committee. To view the Committee’s work please visit the MUJI Civil Committee website – here.
CV 2021 Present Cash Value: the word “adjusted” should be replaced with the original and correct word “reduced.” The reason why the word ”reduced” is the only appropriate word choice for this jury instruction is because of a simple concept called the time value of money. The present cash value of future cash flows is less than the sum of those future cash flows simply because money today is worth more than the same amount of money in the future due to its potential earning capacity. The word “adjusted” falsely implies that the time value of money is not true. Take for instance when someone wins the lottery, they can have the full amount paid out over their lifetime, or they can take the present value of those future cash flows which is less than or a reduction to present value of those future cash flows. This is also called discounting to present value. Either way, it is appropriate to reduce an award for future damages to present cash value. The word ”adjust” implies than it can increase or decrease. Anyone trained in finance or any investment professional understands discounting cash flows to present value is a reduction to present value. It is not an increase. It is not an “adjustment”; it is a “reduction.”