Delaware Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion

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A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.

How to fill out Instruction To Jury That Demand For And Refusal Of Possession Is Prima Facia Evidence Of Conversion?

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FAQ

Rule 611 ? Mode and Order of Examining Witnesses and Presenting Evidence. (3) protect witnesses from harassment or undue embarrassment. (b) Scope of Cross-Examination. Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness's credibility.

Evid. 615. At a party's request, the court may order witnesses excluded so that they cannot hear other witnesse testimony.

§ 3901 and Delaware Superior Court Civil Rule 133, all settlements of tort claims brought my minors (through his/her parent, guardian, etc.) in the state of Delaware are required to be approved by the Delaware Superior Court. The approval process commences by filing a petition for court approval of a minor settlement.

The additional peremptory challenges may be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror. (c) Peremptory challenges. Each party shall be entitled to 3 peremptory challenges.

Rule 901 - Authenticating or Identifying Evidence (a)In General. To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. (b)Examples.

A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional legal services to the client (1) between the client or the client's representative and the client's lawyer or the lawyer's ...

(c)Hearsay. "Hearsay" means a statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (d)Statements That Are Not Hearsay.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that the party has made reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

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Delaware Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion