Last updated: 4/8/2013
411.5 Issues on Claim
Start Your Free Trial $ 5.99What you get:
- Instant access to fillable Microsoft Word or PDF forms.
- Minimize the risk of using outdated forms and eliminate rejected fillings.
- Largest forms database in the USA with more than 80,000 federal, state and agency forms.
- Download, edit, auto-fill multiple forms at once in MS Word using our Forms Workflow Ribbon
- Trusted by 1,000s of Attorneys and Legal Professionals
Description
411.5 Issues on Claim The issues for you to decide on (claimant)'s claim are: a. Violation of F.S. 812.014 (Theft): whether (defendant) obtained or used [or attempted to obtain or use] the property of (claimant) with criminal intent; that is, with the intent [to deprive (claimant), either temporarily or permanently, of a [superior*] right to the property or a benefit from it] [or] [to appropriate, either temporarily or permanently, the property to the use of any person not entitled to it]; and, if so, whether (defendant)'s actions were a legal cause of [loss] [injury] or [damage] to (claimant). *The bracketed word "superior" should be used when there is evidence that the defendant took the property pursuant to a claim of right. b. Violation of F.S. 812.016 (Possession of altered property): whether (defendant) was in the business of buying and selling property and in possession of property which [he] [she] knew, or should have known, had identifying features which had been removed or altered without the consent of the manufacturer; and, if so, whether (defendant)'s actions were a legal cause of [loss] [injury] [or] [damage] to (claimant). c. Violation of F.S. 812.019 (Dealing in stolen property): whether (defendant) [trafficked] [attempted to traffic] in property and knew or should have known the property was stolen; and, if so, whether (defendant) actions were a legal cause of [loss] [injury] or [damage] to (claimant). To "traffic" means to: (1) sell or otherwise dispose of property or, (2) obtain property with the intent to sell or otherwise dispose of it.