A trespass to personal property is the use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.
Montana Instruction to Jury that Plaintiff Under no Duty to Receive Back Property
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How to fill out Instruction To Jury That Plaintiff Under No Duty To Receive Back Property?
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FAQ
If the judge grants the motion, the judge (not the jury) enters a verdict of acquittal, which can be appealed for errors of law. Otherwise, the trial judge has no capacity to usurp the fact finding role of the jury.
In a criminal case, if the judge disagrees with the jury's verdict of ?not guilty,? the judge can do nothing. If the judge disagrees with a guilty verdict, the judge can enter what is called a ?judgment NOV? or non obstante veredicto? meaning notwithstanding the verdict.
Peremptory challenges had a long history in both England and America before the Revolution, and the purpose of peremptory challenges was to allow elimination of a particular juror without reason.
In other cases, jurors may believe that the defendant's actions, while technically criminal, did not deserve to be punished. For example, a jury may choose to nullify a criminal charge against a homeless person who stole food because they believe that the defendant was driven by necessity.
Twenty other states currently include jury nullification provisions in their constitutions under their sections on freedom of speech, specifically with respect to libel cases: Alabama (Article I, Section 12) Colorado (Article II, Section 10) Connecticut (Article First, Section 6) Delaware (Article I, Section 5)
In what can be said to be a milder form of jury nullification, some of the jurors, or even just one in most cases, can hang the jury by maintaining a Not Guilty verdict even though they believe the defendant broke the law. There is no requirement that jurors must come to a unanimous verdict.