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Delaware Instruction to Jury Regarding Effect of Conversion of Part of Chattel

Category:
Civil Procedure - Jury Instructions - Conversions
State:
Multi-State
Control #:
US-01356BG
Format:
Word; 
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Description

A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals.


The term "chattel" refers to moveable items of property which are neither land nor permanently attached to land or a building. A chattel is personal property as distinguished from real property.

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FAQ

The verdict in a criminal case must be unanimously decided, meaning every single one of the jurors must agree with a finding of guilty or not guilty. If even one juror disagrees with the outcome, there can be no final judgment in the case. When a finding is not unanimous, this is referred to as a hung jury.

Juries that hung reported more trouble remembering the evidence and law, less thorough discussions of the evidence during deliberations, more conflict among the jurors and more domination by one or two jurors, and a larger presence of unreasonable people on the jury.

In some cases, the defense may benefit from a hung jury if it suggests that the evidence against the defendant is not strong enough to convince all 12 jurors of their guilt. On the other hand, the prosecution may benefit from a hung jury if it suggests that the case is still strong enough to pursue a retrial.

For the defendant, a hung jury may mean that they have not been found guilty, but it also means that the case could be retried, leading to additional stress and cost. For the prosecution, a hung jury means that they have failed to secure a conviction, which can be a blow to their case and reputation.

If there is a hung jury in a case, then any of the following may occur: the judge may ask the jurors to deliberate for longer, the judge can declare a mistrial, the prosecution can retry or dismiss the case, or. the prosecution may enter into a plea bargain with the defendant.

A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung juries usually result in the case being tried again.

The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror. (c) Peremptory challenges. Each party shall be entitled to 3 peremptory challenges.

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