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

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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

Instruction 401.12b (concurring cause), to be given when the court considers it necessary, does not set forth any additional standard for the jury to consider in determining whether negligence was a legal cause of damage but only negates the idea that a defendant is excused from the consequences of his or her ...

Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior's fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which ...

Valcin, set forth certain criteria for imposing evidentiary presumptions in the event of negligent or intentional destruction of hospital records, as follows: 1) If the hospital is unable to produce the records, the plaintiff must establish that the absence of the records hinders the plaintiff's ability to establish a ...

Concurrent causation is defined as a tort doctrine that imposes joint liability on two or more parties if their negligence combines to produce the same loss.

?Clear and convincing evidence? is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue. b(2).

To prove causation in Florida, you must show that your injuries were a natural and direct consequence of the at-fault party's actions. You achieve this by showing that the defendant's behavior foreseeably and substantially contributed to your injuries or negligence.

The Florida Standard Jury Instruction #501.5(a) states that jurors should try to separate the amount of harm caused by the accident versus the harm that had existed previously in the body. However, if they cannot do so, then they should award damages for the entire condition suffered by the claimant.

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