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

Category:
Civil Procedure - Jury Instructions - Conversions
State:
Multi-State
Control #:
US-01356BG
Format:
Word; 
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Description

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

A party may preserve a claim of error by informing the court?when the court ruling or order is made or sought?of the action the party wishes the court to take, or the party's objection to the court's action and the grounds for that objection.

If a party has been fully heard on an issue during a nonjury trial and the court finds against the party on that issue, the court may enter non-final judgment against the party on a claim or defense that, under the controlling law, can be maintained or defeated only with a favorable finding on that issue.

Rule 50(b) allows the court to reserve decision on the question of law until after the case has been submitted to the jury and it has reached a verdict or is unable to agree. If the court decides the initial motion should have been granted, it may set aside the verdict of the jury and enter judgment as a matter of law.

URCP 51. If there is a jury, the judge will instruct jurors about the law they are to follow. The parties must propose to the judge the instructions that they want given to the jury.

Judge's Instructions on the Law 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.

A default judgment must not differ in kind from, or exceed in amount, what is demanded in the pleadings. Every other judgment should grant the relief to which each party is entitled, even if the party has not demanded that relief in its pleadings.

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