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.
New Jersey Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion
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FAQ
Pursuant to the New Jersey Court Rules, a motion for a directed verdict can be made only once the opposing party has presented his or her evidence for the case or once all of the evidence has been presented.
A motion for directed verdict may be granted only when the court believes that, considering all of the evidence, reasonable minds could reach only one conclusion. In considering a motion for directed verdict, the court must view the evidence in the light most favorable to the non-moving party.
In effect, in both kinds of cases, the lawyer asks the judge to direct a verdict for the defendant. The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.
A motion for a directed verdict, otherwise known as a judgment as a matter of law, is one made once the trial has already begun. However, the moving party believes that a judgment should be rendered midway because he or she claims that the opposing party has inadequate evidence to support his or her case.
This was previously known as a motion for a directed verdict. It allows the trial court to determine whether there is any question of fact to go to the jury and whether any finding other than the one requested would be erroneous as a matter of law.
Summary judgment - A motion for summary judgment asks the court to resolve the case in the moving party's favor without a trial because there is no dispute over the facts of the case and the law supports the moving party's position.