Maryland 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.

Title: Understanding Maryland Instruction to Jury Regarding Effect of Conversion of Part of Chattel Introduction: Maryland Instruction to Jury Regarding Effect of Conversion of Part of Chattel primarily refers to the legal guidelines provided to a jury regarding the consequences and considerations when a portion of a chattel is converted. This instruction aims to ensure a fair and just trial in cases involving conversions in Maryland. This article provides a detailed description of this instruction and outlines any possible variations or types associated with it. Key Points: 1. Definition of Chattel: The instruction typically begins by defining the term "chattel." Chattel refers to any movable property that is not classified as real estate, such as vehicles, furniture, or household items. This definition serves as a foundation for understanding subsequent instructions. 2. Explaining Conversion: The instruction then clarifies what constitutes conversion. It states that conversion occurs when an individual intentionally exercises control or dominion over another person's chattel, depriving the rightful owner of its possession or substantial use. Conversion is a civil offense that can result in legal liability for the wrongdoer. 3. Focus on Partial Conversion: The instruction further emphasizes cases involving the conversion of a part of a chattel. It explains that even if only a portion of the chattel is converted, the aggrieved party may still be entitled to legal remedies or compensation for the proportionate value of the converted part. 4. Evaluation of Damages: In cases of partial conversion, Maryland's instruction to the jury guides them on assessing damages. The instruction instructs the jury to determine the fair market value of both the converted and non-converted parts of the chattel separately. This valuation helps to quantify the extent of the damages suffered by the rightful owner. 5. Factors Influencing Valuation: When evaluating the value of the converted part, the instruction might provide factors to consider. These factors may include the age, condition, functionality, and market demand for the converted portion. Assessing these elements helps the jury ensure a fair and accurate calculation of damages. Types/Variations of Maryland Instruction to Jury Regarding Effect of Conversion of Part of Chattel: 1. Standard Maryland Instruction: The standard instruction outlines the foundational elements mentioned above, providing a general guideline for juries unfamiliar with conversion cases to determine damages in partial conversion scenarios. 2. Specific Chattel Conversion Instruction: In cases involving unique chattels, such as rare collector's items or specialized equipment, a specific instruction tailored to address the characteristics, intrinsic value, or scarcity of the chattel may be necessary. 3. Instruction for Comparative Fault Cases: In instances where the defendant alleges the plaintiff's contribution or fault in the conversion, an instruction addressing the principles of comparative negligence may be issued. This instruction helps determine any reduction in damages based on the level of fault attributed to each party involved. Conclusion: The Maryland Instruction to Jury Regarding Effect of Conversion of Part of Chattel provides essential guidance to jurors when dealing with cases of partial conversion in Maryland. By clarifying the concept of conversion and outlining factors influencing damages, the instruction ensures fairness and accuracy in determining the extent of compensation owed by the wrongdoer. Understanding the variations or types of instructions allows for a more nuanced approach, depending on the circumstances of the case.

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Selected Pattern Jury Instructions & Charges From James Publishing. Also available on Westlaw: and Lexis: (Older edition available on Bloomberg Law.)

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.

Answer First, click on Secondary Sources under the Content Types tab on the main Westlaw Edge page. Then, click on Jury Instructions.

[RESTATEMENT (SECOND) OF TORTS] § 221." Id . "Second, a person may dispossess another of tangible property through the active use of an agent.

Restatement 2d of Torts § 222A: What Constitutes Conversion Conversion is an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel.

The American Restatement of Torts, Second, is a treatise issued by the American Law Institute. It summarizes the general principles of common law United States tort law. The volumes covering torts are part of the second Restatements of the Law series.

The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.

(2) An act which is not done with the intention stated in Subsection (1, a) does not make the actor liable to the other for a mere offensive contact with the other's person although the act involves an unreasonable risk of inflicting it and, therefore, would be negligent or reckless if the risk threatened bodily harm.

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.

You may request a jury trial if you face a charge punishable by imprisonment for more than 90 days. A written request for a jury trial should be filed fifteen (15) days before the scheduled trial date, but can be made at any time before the trial starts.

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What are jury instructions? In a jury trial, the judge provides the jury with instructions about the relevant laws that should guide the jury's deliberations. Practice Notes addresses a number of lesser known legal principles which may influence the preparation of jury instructions. For example, this section covers ...2d 932, 933 (1969) (affirming jury verdict for plaintiff in conversion action awarding special damages for “shock to their nerves and nervous system, great ... Members of the jury, the order of the trial of this case will be in four stages: 1. Opening statements. 2. Presentation of the evidence. 3. Instructions of ... Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Step 4: Jury instructions. Step 5: Closing arguments. Step 6: Jury deliberations and verdict. Step 1: Jury selection. Jury selection generally follows ... The committee is also striving to add instructions in new areas of the law and to augment existing areas. ... the jury instructions for publication. We appreciate. This collection of jury instructions was compiled by the Civil Jury Instruction. Committee and is intended as a guide for judges and attorneys in constructing. (Plaintiff) claims damages from (defendant) for conversion of (personal property) and has the burden of proving each of two essential propositions: · First, that ... These updates, along with instructions for transfer of records to the Maryland State Archives and for disposal of court records, should streamline records ...

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