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.
Michigan Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion
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A court may take judicial notice without request by a party of (1) the common law, constitutions, and public statutes in force in every state, territory, and jurisdiction of the United States; (2) private acts and resolutions of the Congress of the United States and of the Legislature of Michigan, and ordinances and ...
An original writing, recording, or photograph is required in order to prove its content unless these rules or a federal statute provides otherwise.
Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action. Amended September 20, 2023, effective 1/1/2024.
To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means. (e) Taking Notice of Plain Error. A court may take notice of a plain error affecting a substantial right, even if the claim of error was not properly preserved.
At preliminary examinations in criminal cases, hearsay is admissible to prove, with regard to property, the ownership, authority to use, value, possession and entry.
As codified in Evidence Code Section 1500, the Best Evi- dence Rule provides: Except as otherwise provided by statute, no evidence other than the original of a writing is admissible to prove the content of a writing. This section shall be known and may be cited as the best evidence rule.
Under Rule 609(a)(l), the crime used for impeachment must be punishable by death or imprisonment Page 11 204 MICHIGAN RULES OF EVIDENCE in excess of one year, or it must involve theft, dis- honesty, or false statement, regardless of the punish- ment.
To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by statute.