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

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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.

Idaho Instruction to Jury Regarding Effect of Conversion of Part of Chattel: The Idaho instruction to the jury regarding the effect of conversion of part of chattel is a significant legal provision that guides the jury in cases involving the wrongful conversion of a fractional part of a personal property. Conversion refers to the act of intentionally depriving someone of their ownership or rightful possession of a personal property. In cases where only a part of the chattel has been wrongfully converted, specific instructions are given to ensure a fair and just determination of the matter. In Idaho, there are different types of instructions that can be given to the jury regarding the effect of the conversion of part of a chattel. These instructions may include: 1. Instruction on the Elements of Conversion: This instruction outlines the essential elements that must be proven to establish a claim of conversion. These elements typically include (a) the plaintiff's ownership or right of possession of the chattel's fractional part, (b) the defendant's intentional exercise of control or dominion over the fractional part, (c) the plaintiff's lack of consent or privilege for such control, and (d) damages resulting from the conversion. 2. Instruction on Proportional Damages: In cases involving the conversion of a fraction of a chattel, this instruction advises the jury on how to calculate damages. It typically instructs the jury to determine the value of the converted fraction and award damages proportionally to reflect the value of the converted portion. 3. Instruction on Injunctive Relief: In certain circumstances, the court may advise the jury on the possibility of granting injunctive relief to prevent future conversion or to restore the converted fraction to its rightful owner. This instruction helps the jury understand the potential non-monetary remedies available in conversion cases. 4. Instruction on Mitigating Factors: In some instances, the court may provide an instruction that guides the jury on evaluating any evidence of mitigating factors presented by the defendant. These factors might include the lack of intent to convert or good faith involvement in the transaction, which could potentially reduce the liability or damages. 5. Instruction on Attorney's Fees and Costs: In specific situations where permitted by law, an instruction might be provided to the jury regarding the possibility of awarding attorney's fees and costs to the prevailing party. This instruction helps the jury understand the potential consequences of their decision. It's worth noting that the specific instructions given to the jury may vary depending on the nature of the case, applicable laws, and the judge's discretion. Therefore, it is vital for jurors to attentively listen to the instructions provided by the judge and apply them accordingly to render a fair and reasoned verdict.

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The verdict must be unanimous. (b) Partial Verdicts, Mistrial and Retrial. (1) Multiple Defendants. If there are multiple defendants, the jury may return a verdict at any time during deliberation as to any defendant about whom it has agreed.

A criminal petit jury is usually made up of 12 members. Criminal juries decide whether the defendant committed the crime as charged. The sentence usually is set by a judge. Verdicts in both civil and criminal cases must be unanimous, although the parties in a civil case may agree to a non-unanimous verdict.

Your duty as a juror is to listen to the judge, witness and attorneys; to deliberate calmly and fairly; and to decide intelligently and justly. Your decision must be made upon the evidence presented to you in court. be informed of the trial process and of the applicable law.

Persons over 70 years of age. Persons who have served as a grand or petit juror in the State or Federal Court within the past two (2) years. (Jury staff will call for verification). Volunteer safety personnel.

Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.

Excuse or Postponement All citizens of Idaho are required to serve on Jury Duty when called except when the prospective juror: Has exceeded 70 years of age and declines to serve.

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

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Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Although the Court is not approving any specific instruction and will simply address instructions through appellate review, the Court does hereby accept the ...When the defendant satisfies the judgment in the action for conversion, title to the chattel ... Affirming in part the trial court's entry of judgment on a jury ... This action is one in conversion. The cause was tried by the court and a jury upon the amended complaint of appellant and respondent's amended answer. At the ... Click any of the categories below to show all available instructions within that section (note: you may need to scroll to see all documents in some sections). Walters Parry, for Appellant First National Bank. Respondent can maintain this action in conversion only if he has a valid mortgage; respondent's chattel ... This is an appeal by the defendants from an adverse judgment based on the verdict of a jury in a case involving three causes of action, one for malicious ... (Plaintiff) claims damages from (defendant) for conversion of (personal property) and has the burden of proving each of two essential propositions: · First, that ... ... a cause of action for conversion of personal property which was pledged as collateral. ... The Idaho Jury Instructions § 615; Corbin on Contracts, § 559 (1960); ... 29 Sept 2021 — This book is a compilation of sample jury instructions drafted for a wide variety of civil trials. In each template, the language is drafted ...

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