Washington Instruction to Jury as to When Demand is not Necessary in Constituting 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. Proof of demand and refusal is not essential to the maintenance of an action for conversion when the conversion is otherwise established.

How to fill out Instruction To Jury As To When Demand Is Not Necessary In Constituting Conversion?

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FAQ

The pattern instructions are designed as simple, brief, unbiased statements of the law which are free from argument.

WPIC 10.02 Knowledge?Knowingly?Definition. A person knows or acts knowingly or with knowledge with respect to a [fact] [circumstance] [or] [result] when he or she is aware of that [fact] [circumstance] [or] [result].

By color or aid of deception means that the deception operated to bring about the obtaining of the property or services. It is not necessary that deception be the sole means of obtaining the property or services.

WPIC 4.24 Definition of the Crime?Form. A person commits the crime of (name of crime) when he or she (set forth language of statute or ordinance being defined). Use this instruction if it will help the jury understand the charged offense or if it is necessary to define a particular offense for the jury.

The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.

[An assault is [also] an act[, with unlawful force,] done with intent to inflict bodily injury upon another, tending but failing to accomplish it and accompanied with the apparent present ability to inflict the bodily injury if not prevented. [It is not necessary that bodily injury be inflicted.]]

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Washington Instruction to Jury as to When Demand is not Necessary in Constituting Conversion