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.

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FAQ

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