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.
Massachusetts Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion
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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
Prima facie evidence in law is sufficient to establish the fact unless questioned. For example, when buildings are set on fire by sparks emitted from a train engine passing along the road, it is prima facie evidence of negligence on the part of the train company.
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.
Section 1102. Spoliation or destruction of evidence. A judge has the discretion to impose sanctions for the spoliation or destruction of evidence, whether negligent or intentional, in the underlying action in which the evidence would have been offered.
In a criminal case, prima facie evidence means that proof of the first fact permits, but does not require, the jury, in the absence of competing evidence, to find that the second fact is true beyond a reasonable doubt. Commonwealth v. Pauley, 368 Mass.
Evidence of a compromise or offer to compromise may be admitted (with limiting instructions) for a purpose other than to prove liability or the invalidity of the claim, such as to impeach the credibility of a witness.
R. Evid. 703, which permits opinions based on inadmissible evidence of a type reasonably relied upon by experts in the relevant field, Massachusetts law requires the facts or data underlying an opinion to be independently admissible, even if not actually admitted.
224, 230 (1992); Section 403, Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons (relevant evidence may be excluded if its probative value is substantially outweighed by the risk of unfair prejudice, confusion, etc.).
A prima facie case is made out when the petition states facts that, if true, entitle the petitioner to relief, and the stated claims are not for any reason procedurally barred.