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Jury Instruction - 10.10.2 Debt vs. Equity

Jury Instruction - 10.10.2 Debt vs. Equity 2025

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The document discusses the distinction between loans and equity investments made by stockholders in a corporation, emphasizing the tax implications of each. It outlines various factors to consider when determining whether advances from stockholders are bona fide debts or capital investments, including the presence of a maturity date, purpose of the funds, repayment expectations, treatment of other creditors, and the corporation's capitalization. The ultimate decision should be based on the substance of the transaction rather than its form.

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What do jury instructions proposed mean?

In proposing jury instructions, the parties have an opportunity to persuade the trial court to present their view of the law or theory of the case. In this respect, crafting and proposing instructions requires a deep under- standing of the governing law, as much so as argu- ing a summary judgment or post-trial motion.

What does instructions to the jury mean?

Jury instructions tell the jury what the laws are that govern a particular case. Each attorney gives the judge a set of proposed jury instructions. The judge considers each instruction and gives the one that properly states the law that applies to the case.

What is an example of jury instructions?

(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.

What is the difference between a jury charge and a jury instruction?

The judge issues a judges 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. Put another way, If you believe A (set of facts), you must find X (verdict).

What does charges the jury mean?

The judge reads the instructions to the jury. This is commonly referred to as the judges charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.

What is jury instruction 10.09 in Nevada?

Nevada Pattern Jury Instruction 10.09 tells a jury how to award damages in a case of diminished value. The court instructs the jury that if repairs dont fully restore the value of the damaged property, the jury should award the victim the difference between fair market value and the value post repair.

Jury Instruction - 10.10.2 Debt vs. Equity 2025

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