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.
Massachusetts Instruction to Jury as to the Definition of Conversion
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US-01430BG
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How to fill out Instruction To Jury As To The Definition Of Conversion?
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FAQ
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. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
Conversion is a tort of strict liability. Unlike criminal theft, where intent is an element of the crime, intent is irrelevant in the tort of conversion.
For example, a person who picks up a necklace off the ground with the intent to resell it because they erroneously believed it was abandoned still converted that necklace. The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.
The tort of conversion consists of a wrongful exercise of dominion or control over the personal property of another. To recover, you must establish that you had possession or the right to possession of the property at issue. You do not have to prove that you owned the property.
Which of the following is an example of the intentional tort of conversion? Permanently interfering with another's use and enjoyment of his or her personal property.
Under California law, the elements required to prove a claim of conversion are: (1) the plaintiff's ownership or right to possession of the property; (2) the defendant's conversion by a wrongful act or in a manner that is inconsistent with the plaintiff's property rights; and (3) resulting damages.
Conversion is an intentional tort which occurs when a party takes the chattel property of another with the intent to deprive them of it. Conversion is not applicable to real property. For the purposes of conversion, ?intent? merely means the objective to possess the property or exert property rights over it.