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.
Maine Instruction to Jury as to the Definition of Conversion, in legal terms, refers to the wrongful exercise of dominion and control over another person's property, leading to a violation of their possessor right. It involves the act of unlawfully depriving someone else of their property or interfering with their right to possess or enjoy it. The Maine Instruction to Jury as to the Definition of Conversion provides guidance to the jurors in understanding and applying this legal concept. The instruction outlines the essential elements that must be proven to establish a claim of conversion. These elements typically include: 1. The act of conversion: The plaintiff must demonstrate that the defendant intentionally and wrongfully exercised control or dominion over the plaintiff's property. This control could involve actions such as unauthorized sale, destruction, damage, or unlawful transfer of the property. 2. Ownership or right to possess: The plaintiff must prove that they had a valid ownership interest or the right to possess the property at the time of the alleged conversion. It is essential to establish that the plaintiff had a superior possessor right, either as the owner or a person with lawful possession. 3. Deprivation of possessor rights: The plaintiff must show that the defendant's actions resulted in a substantial and interfering deprivation of their possessor rights. If the defendant's conduct only caused nominal or inconsequential harm, it may not qualify as conversion. 4. Intent: The plaintiff must establish that the defendant acted intentionally, knowing that their actions would lead to the deprivation of the plaintiff's possessor rights. Mere negligence or accidental interference may not suffice to establish conversion. Additional types of Maine Instruction to Jury as to the Definition of Conversion may include: 1. Aggravated Conversion: This instruction addresses cases where the defendant's conversion involved egregious or malicious conduct, resulting in additional harm or damages to the plaintiff. It underscores the need to consider punitive damages or statutory penalties in such instances. 2. Conversion by Estoppel: This instruction pertains to cases where the plaintiff may have initially consented to the defendant's control over the property, but later revoked that consent. It guides the jury on determining if the defendant's continued exercise of control over the property after revocation amounted to conversion. 3. Mitigation of Damages in Conversion Cases: This instruction focuses on the plaintiff's duty to mitigate their damages after the alleged conversion occurs. It advises the jury on considering whether the plaintiff took reasonable steps to minimize their losses or if their failure to do so contributed to the damages claimed. These key instructions aim to provide the jury with a comprehensive understanding of the elements, standards of proof, and specific considerations associated with converting property under Maine law. By applying these instructions in a relevant case, the jury can accurately assess the facts presented and determine liability for conversion accordingly.
