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.
Delaware Instruction to Jury as to Evidence of Conversion In the state of Delaware, when a civil case involves a claim of conversion, the court provides specific instructions to guide the jury in evaluating the evidence presented. Conversion refers to the wrongful and intentional act of exercising control over another person's property without their authorization or lawful right. To ensure a fair trial, the court delivers detailed instructions to the jury regarding the evidence of conversion. These instructions aim to help the jury understand the nature of conversion and the elements that must be proven to establish liability. One of the Delaware Instruction to Jury as to Evidence of Conversion is: 1. Elements of Conversion: The court instructs the jury that to hold the defendant liable for conversion, the plaintiff must establish the following elements by a preponderance of the evidence: a. That the plaintiff owned or had the right to possess the property at the time of the alleged conversion. b. That the defendant intentionally exercised control over the property. c. That the defendant's control deprived the plaintiff of their right to possess or use the property. d. That the defendant's actions were without the plaintiff's consent or legal justification. The court emphasizes that all four elements must be proven for the jury to find the defendant liable for conversion. The jury must carefully evaluate the evidence presented during the trial to determine whether each element has been sufficiently demonstrated. Additionally, the court may provide the following Delaware Instruction to Jury as to Evidence of Conversion: 2. Assessment of Damages: If the jury finds the defendant liable for conversion, they should consider the appropriate measure of damages. The court may direct the jury based on Delaware law, which may include compensatory damages to restore the plaintiff to the position they were in before the conversion occurred. The jury should evaluate any monetary losses suffered by the plaintiff as a result of the conversion. It is important for the jury to remain impartial, consider the evidence objectively, and follow the court's instructions when determining liability and calculating damages. The court encourages the jury to deliberate on the evidence presented and reach a fair and just verdict based on the law and facts of the case. In conclusion, Delaware Instruction to Jury as to Evidence of Conversion provides clear guidance on how the jury should approach cases involving conversion claims. By following these instructions, the jury can accurately evaluate the evidence and ultimately determine the defendant's liability and any applicable damages.
