Guam Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion

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US-01425BG
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Description

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.


In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.

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FAQ

Hon. Frances Tydingco-Gatewood, Chief Judge.

Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.

The District Court of Guam sits within the United States Courts for the Ninth Circuit. The largest of all federal circuits, the Ninth Circuit consists of the U.S. Court of Appeals for the Ninth Circuit and the federal and bankruptcy courts in 15 federal judicial districts.

Trial by jury, a right guaranteed by the U.S. Constitution, requires the fair and impartial decision-making of ordinary citizens. It is through juries that ?We the People? have a voice in the justice system.

In Guam, the judiciary has two general levels. The Territorial Superior Court is the trial court of general jurisdiction. The Supreme Court of Guam is the highest court.

If you are summoned for jury service and need to request a temporary excuse, all requests must be in writing and include supporting documentation, when applicable. You must submit your request before your report date, except in emergency situations.

The Jury's Verdict In both civil and criminal cases, it is the jury's duty to decide the facts in ance with the principles of law laid down in the judge's charge to the jury. The decision is made on the evidence introduced, and the jury's decision on the facts is usually final.

Persons 65 years of age or older who wish to be excused. The primary caretaker of a disabled person or a person age 65 or older who cannot care for himself. Persons with legal custody and duty of care of a child under the age of seven and who cannot provide adequate childcare while serving as a juror.

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Guam Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion