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

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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.

Title: Tennessee Instruction to Jury Regarding the Effect of Conversion of Part of Chattel Keywords: Tennessee, instruction to jury, conversion, chattel, effect, types Introduction: In Tennessee, when a legal dispute involves the conversion of part of a chattel, the court provides specific instructions to the jury to help them understand the effect of such conversion. These instructions are crucial in guiding the jury's decision-making process and ensuring a fair resolution. In this article, we will explore the detailed description of various types of Tennessee instructions related to the effect of conversion of part of chattel. Types of Tennessee Instructions: 1. General Instruction on Conversion of Part of Chattel: This instruction sets the foundation by explaining the concept of conversion and its application to the specific case at hand. It clarifies that conversion can occur when a person unlawfully exercises control over another person's property, depriving them of its use or possession. This instruction also establishes the necessity of establishing the conversion of a specific part of the chattel under discussion. 2. Instruction on Measuring Damages: This instruction pertains to determining the measure of damages resulting from the conversion of part of a chattel. It specifically instructs the jury on how to calculate the value of the converted portion, taking into account factors such as the market value, depreciation, and any consequential damages caused by the conversion. 3. Instruction on Proportionate Liability: In some cases, multiple parties may be held liable for the conversion of part of a chattel. This instruction outlines the principles of proportionate liability, whereby each responsible party's degree of fault or involvement is assessed. The jury is directed to apportion damages based on the proportionate liability of each party involved. 4. Instruction on Repletion: Repletion is a legal remedy that allows the recovery of property wrongfully withheld. This instruction educates the jury on the possibility of repletion as a remedy for the conversion of part of a chattel. It explains the conditions under which repletion may be granted, the process involved, and the consequences for the parties involved. 5. Instruction on Mitigation of Damages: When a chattel is converted in part, the injured party has a duty to mitigate damages, which means taking reasonable steps to minimize losses resulting from the conversion. This instruction guides the jury on considering the efforts made by the injured party to mitigate the damages caused by the conversion and its impact on the final verdict. Conclusion: Tennessee instructions to the jury regarding the effect of conversion of part of chattel play a crucial role in ensuring a fair resolution for the parties involved in a legal dispute. By providing clarity on the concept of conversion, damages calculation, proportionate liability, repletion, and mitigation of damages, these instructions enable the jury to make informed decisions based on the specific circumstances of the case.

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(1) The person serving the summons shall promptly make proof of service to the court and shall identify the person served and shall describe the manner of service. If a summons is not served within 90 days after its issuance, it shall be returned stating the reasons for failure to serve.

RULE 38. In cases removed by appeal or otherwise to the chancery or circuit courts or to courts of similar jurisdiction, any party may demand a trial by jury of any issue triable of right by jury by filing written demand for jury trial within ten (10) days after the papers are filed with the clerk.

6.01: By statute, "The time within which any act provided by law is to be done, shall be computed by excluding the first day and including the last, unless the last day is a Saturday, a Sunday, or a legal holiday, and then it shall also be excluded." Tenn. Code Ann. § 1-3-102.

Any party may demand a trial by jury of any issue triable of right by a jury by (1) serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than 10 days after the service of the last pleading directed to such issue, and (2) filing the demand as required ...

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) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States shall be preserved to the parties inviolate.

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This form is available on Westlaw. Easily search more than 600,000 legal forms to find the exact form you need. Please visit our site to learn more and request ... Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations.Counsel requesting a jury instruction shall furnish a copy to adversary counsel at the same time the request is filed with the court. (3) Decision on Request. These model jury instructions are written and organized by judges who are appointed to the Ninth Circuit Jury Instructions Committee by the Chief Circuit Judge. When the defendant satisfies the judgment in the action for conversion, title to the chattel ... Affirming in part the trial court's entry of judgment on a jury ... Tennessee Pattern Jury Instructions — Criminal | Tennessee Administrative Office of the Courts. 25 Sept 1991 — Oppenheimer contends that an action for conversion is only appropriate where the converted property is chattel capable of being specifically ... by EC Arnold · 1922 · Cited by 53 — The Supreme Court affirmed the refusal of the trial co to give the jury this instruction, and said: "It seems to have been a well settled rule of ancient common ... 23 Jul 2020 — Model jury instructions have been recommended to trial judges as providing a useful checklist of what must be covered in a jury instruction. But ... Plaintiffs alleged a number of causes of action including negligence, breach of bailment, conversion, and trespass to chattels. The incident occurred after ...

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