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.
Mississippi Instruction to Jury as to Evidence of Conversion: In Mississippi, when a case involves a claim of conversion, the court provides specific instructions to the jury regarding the evidence presented. These instructions aim to guide the jury in properly evaluating the evidence and reaching a fair verdict. Here is a detailed description of Mississippi's Instruction to Jury as to Evidence of Conversion, along with some keyword variations: 1. Definition of Conversion: The instruction begins by explaining the concept of conversion to the jury. It clarifies that conversion refers to the act of wrongfully possessing or exercising control over another person's property, depriving them of their rightful possession. Keywords: Conversion, wrongful possession, exercising control, property, rightful possession. 2. Elements of Conversion: Next, the instruction outlines the essential elements that the plaintiff must prove to establish a claim of conversion. These elements typically include: a. Ownership or Right to Possession: The plaintiff must demonstrate that they owned or had the right to possess the converted property. Keywords: Ownership, right to possession, converted property. b. Unlawful Exercise of Control: The plaintiff must show that the defendant intentionally and without lawful justification exercised control over the property. Keywords: Unlawful exercise, control, intentional, without lawful justification. c. Deprivation of Rightful Possession: The plaintiff needs to prove that the defendant's actions deprived them of the rightful possession of the property. Keywords: Deprivation, rightful possession. 3. Preponderance of the Evidence: Mississippi's Instruction further emphasizes that the plaintiff has the burden of proving their claim of conversion by a preponderance of the evidence. The jury should be instructed to consider all the evidence presented in reaching their decision. Keywords: Preponderance of the evidence, burden of proof. 4. Value of the Converted Property: In some cases, the instruction may include a provision regarding the valuation of the converted property. The jury might be instructed to consider the fair market value of the property at the time of the conversion when determining damages, if applicable. Keywords: Value, converted property, fair market value. Different Mississippi Instruction to Jury as to Evidence of Conversion: While the core elements of Mississippi's Instruction to Jury as to Evidence of Conversion remain consistent, there might be some variations depending on the specific circumstances of the case or the court's preferences. However, it is important to note that the particular wording and variations of instruction would be provided by the judge overseeing the trial. The aforementioned description covers the general framework of Mississippi's Instruction to Jury as to Evidence of Conversion.
