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.
Iowa Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion
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FAQ
What is spoliation of evidence? Spoliation of evidence is the intentional or negligent alteration, hiding, withholding or destruction of pieces of evidence relevant to a trial by a party connected to the case.
In Iowa, spoliation of evidence occurs when: ?(1) the evidence was 'in existence'; (2) the evidence was 'in the possession of or under control of the party' charged with its destruction; (3) the evidence 'would have been admissible at trial'; and (4) 'the party responsible for its destruction did so intentionally.
?Spoliation? of evidence occurs when someone with an obligation to preserve evidence with regard to a legal claim neglects to do so or intentionally fails to do so. Such a failure to preserve evidence can take place by destruction of the evidence, damage to the evidence, or losing the evidence.
Today, the term spoliation of evidence is often used during the process of civil litigation. It arises when one side suspects or uncovers that the other party has deliberately, negligently or accidentally destroyed evidence relevant to the case. Spoliated evidence can include: physical objects.
3d 776, 779 (2d Cir. 1999) (defining spoliation as "the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation").