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.
Hawaii Instruction to Jury Regarding Goods Wrongfully Taken From Plaintiff as Conversion: In Hawaii, conversion refers to the act of wrongfully taking or exercising control over someone else's personal property without their permission. This instruction is crucial for juries to understand the legal concept and applicable standards when determining liability in conversion cases. The following content outlines the key elements and guidelines that the jury needs to consider: 1. Definition of Conversion: Conversion is the intentional interference with the plaintiff's possessor over their personal property. It is the unauthorized exercise of control or dominion over someone else's property, depriving the plaintiff of their ownership or right to possess the goods. 2. Elements of Conversion: To find the defendant liable for conversion, the jury must consider the following elements: a) The plaintiff had the right to possess the property at the time of the alleged conversion. b) The defendant intentionally took or used the plaintiff's property without their consent. c) The defendant's actions seriously interfered with the plaintiff's right of possession. d) The plaintiff suffered harm or damages as a result of the defendant's actions. 3. Wrongful Possession: If the defendant is found to have acquired the goods rightfully but exceeded their authority in retaining or using them beyond the plaintiff's consent, it can still constitute conversion. 4. Good-Faith Belief: A good-faith belief by the defendant that they had the right to possess or less-than-complete ownership of the goods is not a defense against conversion. Even if the defendant believed they had legal entitlement, if the plaintiff's rights were still violated, they can be held liable for conversion. 5. Damages: If the jury finds the defendant liable for conversion, they must consider the type and amount of damages to award the plaintiff. Potential damages in conversion cases may include the fair market value of the property, the cost of replacing the property, or any other harm caused by the defendant's actions. 6. Multiple Types of Conversion: There are various scenarios that can lead to a conversion claim, and each might require specific instructions tailored to the specific circumstances. Some common types of conversion include conversion of tangible personal property, conversion of money or funds, conversion of electronic data or information, and conversion of intangible assets. It is important for the jury to carefully deliberate on the evidence presented and apply the instructions provided to determine whether the defendant is liable for conversion and, if so, to assess appropriate damages accordingly.
