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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The jury must decide whether the plaintiff has proven that the defendant is liable, that is, responsible, on a balance of probabilities. There are only six jurors in a civil case, and the decision does not have to be unanimous as long as five of them agree on the verdict.
In some cases, the defense may benefit from a hung jury if it suggests that the evidence against the defendant is not strong enough to convince all 12 jurors of their guilt. On the other hand, the prosecution may benefit from a hung jury if it suggests that the case is still strong enough to pursue a retrial.
(3)?Here is your oath: ?Each of you do solemnly swear (or affirm) that, in this action now before the court, you will justly decide the questions submitted to you, that, unless you are discharged by the court from further deliberation, you will render a true verdict, and that you will render your verdict only on the ...
The instructions are intended to describe trial procedures and duties in a manner that makes the legal process comprehensible to jurors, and to correctly state the law so that the jurors can apply it to the facts as they determine them to be.
Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.
Your public service as a juror protects our Constitutional right to have a trial by an impartial jury. The protection of our rights and liberties is accomplished through the teamwork of judge and jury, who, working together in a mutual effort, put into practice the principles of our heritage of freedom.
