South Carolina Instruction to Jury that Plaintiff Under no Duty to Receive Back Property

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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.

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FAQ

Breaches of the peace. Magistrates may punish breaches of the peace by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding thirty days, or both.

The statute of limitations for small court cases differs depending on the state. For South Carolina, the deadline for small claims in most situations is typically three years. However, it's best to confirm that deadline with your small claims court or consult a Pawleys Island lawyer before filing the lawsuit.

South Carolina's thirteenth juror doctrine is so named because it entitles the trial judge to sit, in essence, as the thirteenth juror when he finds "the evidence does not justify the verdict," and then to grant a new trial based solely "upon the facts." Id.

SECTION 22-3-710. Proceedings commenced on information. All proceedings before magistrates in criminal cases shall be commenced on information under oath, plainly and substantially setting forth the offense charged, upon which, and only which, shall a warrant of arrest issue.

CHAPTER 3 - JURISDICTION AND PROCEDURE IN MAGISTRATES' COURTS. SECTION 22-3-1460. Judgment in actions for claim and delivery. The judgment for the plaintiff may be for the possession, the recovery of the possession or the value thereof in case a delivery cannot be had and for damages for the detention.

Jurisdiction over minor offenses; restitution; contempt; maximum consecutive sentences. (A) Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both.

Section 22-3-540 provides that magistrates (and by implication, municipal judges) have exclusive jurisdiction over all criminal cases in which the punishment does not exceed a fine of one hundred dollars or imprisonment for thirty days.

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South Carolina Instruction to Jury that Plaintiff Under no Duty to Receive Back Property