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.
Title: Oklahoma Instruction to Jury: Unauthorized Sale of Personal Property as Conversion Introduction: In the state of Oklahoma, one important aspect of the legal system is the instruction provided to the jury to determine if the unauthorized sale of personal property can be constituted as conversion. This detailed description will outline the key elements of Oklahoma's instruction to the jury, highlighting its relevance and potential variations. I. Background on Conversion: Conversion is a legal term that refers to the unauthorized act of dealing with another person's property in a manner that is inconsistent with their right of ownership. In Oklahoma, the unauthorized sale of personal property can constitute conversion if certain conditions are met. II. Oklahoma Instruction to Jury: When handling cases involving unauthorized sale of personal property, the court provides guidelines to the jury to assist in determining whether the actions of the defendant can be considered conversion. The specific instruction given to the jury in Oklahoma typically includes the following key elements: 1. Ownership and Possession: The jury is instructed to consider evidence regarding the ownership and possession of the personal property in question. The unauthorized sale must involve property owned by the plaintiff, which was either in their possession or under their control at the time of the sale. 2. Intentional and Unauthorized Sale: The jury is advised to establish whether the defendant intentionally sold the personal property without permission from the owner. The absence of consent or proper authorization is crucial for conversion. 3. Inconsistent with Ownership Rights: The jury is instructed to assess whether the unauthorized sale was inconsistent with the plaintiff's rights of ownership. The sale should be deemed inconsistent if it disregards or interferes with the owner's exclusive control or right to possess the property. 4. Conversion versus Trespass: This instruction may also clarify the distinction between conversion and trespass to personal property. While trespass refers to the act of physically interfering with another person's property, conversion encompasses unauthorized acts that are beyond mere interference, such as selling or disposing of the property. 5. The Burden of Proof: The jury is reminded that the burden of proof lies with the plaintiff to provide evidence establishing the unauthorized sale as conversion. It is the plaintiff's responsibility to present convincing arguments supporting their claim. III. Types of Oklahoma Instructions to Jury for Unauthorized Sale Conversion: While there may not be explicitly defined "types" of instructions for this specific topic, variations may occur in the wording or organization of the instruction provided to the jury. Different judges or jurisdictions may tailor the instruction to their specific requirements, ensuring the inclusion of the essential elements mentioned above and adapting them to the unique circumstances of each case. Conclusion: In Oklahoma, the instruction to the jury regarding the unauthorized sale of personal property as conversion plays a vital role in determining whether a defendant's actions qualify as conversion. By considering factors such as ownership, intention, consistency with ownership rights, and burden of proof, the jury can impartially assess whether conversion has taken place.
