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.
Georgia Instruction to Jury as to Evidence of Conversion refers to the set of instructions given by a judge to the jury in a legal context regarding the evidence and elements associated with the act of conversion under Georgia law. Conversion generally involves the wrongful act of exercising dominion or control over someone's property without their consent, depriving them of their ownership rights. In Georgia, there are different types of instructions that can be provided to the jury regarding evidence of conversion, including: 1. Preliminary Instruction: This type of instruction introduces the concept of conversion to the jury, explaining that it is a civil wrong where an individual wrongfully deprives another of their property or exercises control over it without permission. 2. Elements of Conversion: Here, the instruction outlines the essential elements required to prove a claim of conversion in Georgia. This typically includes demonstrating that the defendant intentionally exercised control or ownership over the property, without authorization, and that the plaintiff suffered damages as a result. 3. Burden of Proof: This instruction explains how the burden of proof falls on the plaintiff to establish each element of conversion by a preponderance of the evidence. The jury must be convinced that it is more likely than not that the defendant committed the wrongful act of conversion. 4. Consideration of Evidence: The instruction emphasizes the importance of jurors considering all the evidence presented during the trial in order to determine if the elements of conversion have been met. Jurors should evaluate witness testimony, documents, or other relevant evidence to make an informed decision. 5. Expert Testimony: In cases involving complex property rights or valuation issues, the judge may provide an instruction specific to expert testimony. It guides the jury in assessing the credibility and weight to be given to expert opinions to aid in determining if a conversion occurred. 6. Defenses and Mitigation: If applicable, the instruction may address potential defenses raised by the defendant, such as a claim of lawful authority or consent. It is crucial for the jury to carefully evaluate any evidence presented to determine if a valid defense exists or if damages should be mitigated. 7. Damages: When appropriate, the instruction will provide guidelines concerning the calculation and determination of damages. This may involve instructions on compensatory damages, punitive damages, or other relevant forms of monetary relief. Overall, Georgia Instruction to Jury as to Evidence of Conversion is a comprehensive set of guidelines provided by the judge to ensure the jury has a clear understanding of the legal principles, elements, burden of proof, and types of evidence relevant to a conversion case in Georgia court.
