Virginia Instruction to Jury Regarding Goods Wrongfully Taken From Plaintiff as Conversion

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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.

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FAQ

As you have been told, your verdict must be unanimous. If you can possibly reach a verdict, it is your duty to do so. You should listen to the views and opinions of your fellow jurors with fairness and candor, and you should give consideration to what they say.

In order to prove something by clear and convincing standard the evidence must prove that it is ?substantially more likely than not? that it is true. There isn't an exact percentage you have to win by under this standard but a rule of thumb would be approximately 80%.

The medium level burden of ?clear and convincing? is a lower standard than beyond a reasonable doubt but still higher than preponderance of the evidence. In order to prove something by clear and convincing standard the evidence must prove that it is ?substantially more likely than not? that it is true.

New Mexico, 467 U.S. 310 (1984), "clear and convincing? means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable. States vary with regard to which standard of proof they require.

?The proximate cause of an event is that act or omission which, in natural and continuous sequence, unbroken by an efficient intervening cause, produces the event, and without which that event would not have occurred.? Williams v. Cong Le, 276 Va.

"Relevant evidence" means evidence having any tendency to make the existence of any fact in issue more probable or less probable than it would be without the evidence.

Before or after the closing arguments, the judge will explain the law that applies to the case. You must apply these instructions to the facts to arrive at your verdict. Keep in mind that you must follow the law as the judge states it to you, even if you disagree with it.

Last clear chance applies: (1) where plaintiff has negligently placed himself in peril from which he is physically unable to remove himself; defendant is liable if he saw or should have seen him in time to avert accident by using reasonable care; and (2) where plaintiff has negligently placed himself in peril from ...

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Virginia Instruction to Jury Regarding Goods Wrongfully Taken From Plaintiff as Conversion