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.
New Jersey Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion: A conversion claim in New Jersey requires the plaintiff to establish that they have a valid property interest in the subject of the claim. In other words, the plaintiff must demonstrate that they have a legal right to possess or control the property, and that this right has been interfered with by the defendant. To make sure the jury understands this requirement, the court often provides an instruction specifically addressing the necessity of a property interest in maintaining an action for conversion. This instruction emphasizes the importance of proof of ownership, possession, or other legally recognized property interest in the property allegedly converted. The purpose of this instruction is to guide the jury in determining whether the plaintiff has a viable claim for conversion. It helps to ensure that the jury understands that mere possession or control is not sufficient; the plaintiff must establish a valid property interest recognized by law. Different types of New Jersey Instructions to Jury that Property Interest is Necessary to Maintain an Action for Conversion may include: 1. Standard Instruction: This is a standard instruction that is commonly used in conversion cases in New Jersey. It highlights the requirement of a property interest and explains the legal principles involved. 2. Ownership Instruction: This instruction focuses on the specific element of ownership as a necessary property interest in a conversion claim. It outlines the different ways in which ownership can be established and provides guidance on how the jury should evaluate the evidence presented. 3. Possession Instruction: This instruction emphasizes the importance of possession as a property interest in a conversion claim. It explains the legal principles related to possession and guides the jury on how to assess the evidence regarding possession. 4. Other Property Interests Instruction: This instruction covers various types of property interests other than ownership or possession. It addresses situations where the plaintiff may have a valid property interest, such as a security interest, lien, or leasehold. Overall, these instructions aim to assist the jury in understanding the requirement of a property interest in a conversion claim in New Jersey, and how to evaluate the evidence concerning such interest. By providing clear guidance, the instructions help ensure a fair and consistent application of the law in conversion cases.
