New Mexico Instruction to Jury Regarding Effect of Conversion of Part of Chattel

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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

There are three burdens of proof that exist for most cases: proof beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence.

In a criminal case, the defendant, in order to be convicted, must be proved guilty beyond a reasonable doubt. In a civil case, a party suing another has to prove that charge by a preponderance of the evidence.

The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial. The defendant must be found guilty ?beyond a reasonable doubt,? which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime.

In most civil cases, the jury must apply the ?preponderance of the evidence? standard of proof. This means that, to win, the plaintiff's lawyer must prove to the jury that the plaintiff's side of the story is more likely than not. It does not mean that one side brought in more evidence than the other side.

In a criminal case in California, the prosecution must prove the defendant is guilty beyond a reasonable doubt. In other words, if a jury is convinced that there is no other reasonable explanation that can be drawn from the evidence presented to them during the trial, they must find the defendant guilty.

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New Mexico Instruction to Jury Regarding Effect of Conversion of Part of Chattel