Oregon Instruction to Jury as to Evidence of Conversion

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A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals.

Oregon Instruction to Jury as to Evidence of Conversion In Oregon, the Instruction to Jury as to Evidence of Conversion plays a crucial role in guiding juries on their understanding of conversion in legal proceedings. Conversion refers to the act of wrongfully taking or withholding another person's property without their permission or legal right. The Oregon Instruction to Jury as to Evidence of Conversion instructs jurors on the specific elements of conversion and the evidentiary requirements necessary to establish a claim in cases involving the unlawful deprivation of property. This instruction aims to ensure a fair and unbiased evaluation of the evidence presented during a trial. There are several types of Oregon Instructions to Jury as to Evidence of Conversion that may be utilized depending on the particular circumstances of the case. Some of these include: 1. Instruction on the Definition of Conversion: This instruction explains to the jury the legal definition of conversion and clarifies that it involves taking or controlling another person's property, interfering with their ownership rights, and not returning the property when demanded. 2. Instruction on Intentional Conduct: This instruction highlights that conversion requires intentional conduct by the defendant and emphasizes the need for evidence demonstrating that the defendant knowingly acted to exert control over the property without the owner's consent. 3. Instruction on the Claimant's Ownership Rights: This instruction educates the jury on the importance of establishing the claimant's ownership rights over the converted property. It emphasizes that the claimant must demonstrate a legal right to possess and control the property in question. 4. Instruction on Damages: This instruction details the different types of damages that can be sought in conversion cases, such as actual damages, punitive damages, and potentially other forms of compensation. It guides the jury in assessing the appropriate amount to compensate the claimant for their losses. 5. Instruction on Burden of Proof: This instruction explains to the jury that the burden of proof lies with the claimant, who must convince them, by a preponderance of the evidence, that the defendant committed conversion. It emphasizes that the claimant must meet this burden to prevail in their case. It is important to note that these instructions are provided in a general sense and can be modified depending on the specific facts and issues involved in the case. Judges have the discretion to tailor these instructions to ensure they are clear, accurate, and relevant for the jury's evaluation of the evidence. In conclusion, the Oregon Instruction to Jury as to Evidence of Conversion encompasses various types of instructions aimed at educating and guiding juries in cases involving property deprivation. These instructions clarify the elements of conversion, evidence requirements, and various other aspects related to establishing liability and awarding damages.

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ORS 40.070 (OEC 201(c) and 201(d)) allows the court to take judicial notice whether or not any party has so requested and requires the court to ?take judicial notice if requested by a party and supplied with the necessary information.? ORS 40.075 (OEC 201(e)) provides that ?[a] party is entitled upon timely request to ...

The claim of a privilege, whether in the present proceeding or upon a prior occasion, is not a proper subject of comment by judge or counsel. No inference may be drawn from a claim of privilege.

In jury cases, proceedings shall be conducted, to the extent practicable, so as to prevent inadmissible evidence from being suggested to the jury by any means, such as making statements or offers of proof or asking questions in the hearing of the jury.

Hearings on the admissibility of confessions shall in all cases be conducted out of the hearing of the jury. Hearings on other preliminary matters shall be so conducted when the interests of justice require or, when an accused is a witness, if the accused so requests.

Section 40.170 - Rule 404. Character evidence; evidence of other crimes, wrongs or acts (1) Evidence of a person's character or trait of character is admissible when it is an essential element of a charge, claim or defense.

If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final ...

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay or needless presentation of cumulative evidence.

Section 40.150 - Rule 401. Definition of "relevant evidence." "Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

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Oregon Instruction to Jury as to Evidence of Conversion