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.
Wisconsin Instruction to Jury Regarding Effect of Conversion of Part of Chattel In legal terms, a chattel refers to personal property that is movable and not fixed to land. Conversion of a chattel occurs when someone wrongfully interferes with another person's right to possess or use that property. It involves the exertion of control or dominion over the chattel that is inconsistent with the owner's rights. When a conversion claim involves the partial conversion of a chattel in Wisconsin, specific instructions are provided to the jury to ensure a fair and just determination of the case. Types of Wisconsin Instructions to Jury Regarding Effect of Conversion of Part of Chattel: 1. Standard Instruction: A standard instruction would outline the general principles of conversion and address the effect of conversion when only a portion of a chattel is involved. It would emphasize that even if only part of the chattel is converted, the owner may be entitled to damages for the loss of use, deprivation, or injury caused by the conversion. 2. Instruction Differentiating Total and Partial Conversion: This type of instruction would distinguish between total and partial conversion. It would explain that while total conversion refers to the complete deprivation of the owner's rights, partial conversion occurs when only a portion of the chattel is converted. It would further assert that partial conversion can still result in the owner's loss and may warrant appropriate compensation. 3. Instruction on Calculation of Damages: In instances of partial conversion, this instruction would guide the jury on how to calculate the damages. It would inform them to consider factors such as the value of the converted portion, the owner's loss of use, any necessary repairs or replacement costs, and any other measurable harm suffered due to the conversion. The instruction would encourage the jury to assess fair compensation based on these factors. 4. Instruction Regarding Mitigation: This instruction may guide the jury in determining whether the owner took reasonable steps to mitigate the damages resulting from the partial conversion. It would advise the jury to consider whether the owner could have prevented further harm or minimized the loss by taking appropriate action. The instruction aims to ensure that the owner's actions, if relevant, are taken into account when assessing damages. 5. Instruction on Interference with Part of a Chattel's Value: In cases where the value of a chattel is significantly affected by the conversion of only a part, this instruction would direct the jury to consider the overall depreciation in value caused by the conversion. It would instruct the jury to assess the diminution in value caused by the loss of part of the chattel and to award damages accordingly. By providing these various instructions to the jury, Wisconsin aims to ensure a fair and comprehensive evaluation of cases involving the conversion of only a portion of a chattel. These instructions consider the different circumstances related to partial conversion and guide the jury in determining the appropriate compensation for the harmed party.
