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.
Oregon Instruction to Jury Title: Demand for and Refusal of Possession as Prime Facial Evidence of Conversion Keywords: Oregon law, instruction to jury, demand for possession, refusal of possession, prime facial evidence, conversion Description: In Oregon, instructions to the jury regarding the concept of demand for and refusal of possession as prima facie evidence of conversion serve as crucial guidance in civil cases involving disputes over property or assets. These instructions help jurors understand the legal implications and establish the evidentiary weight associated with such situations. 1. Oregon Instruction to Jury: Demand for and Refusal of Possession as Prime Facial Evidence of Conversion: This instruction educates jurors about the significance of a demand for possession by the rightful owner and the subsequent refusal by the alleged wrongdoer as prima facie evidence of conversion. It outlines that the refusal to surrender possession, upon a justified request, can be treated as strong proof of wrongful conversion. 2. Oregon Instruction to Jury: Elements of Demand for Possession: This instruction explains the essential elements of a proper demand for possession, emphasizing factors such as clarity, specificity, and a lawful basis for the request. Jurors are instructed to evaluate whether the demand was properly communicated to the party allegedly in possession, ensuring they comprehend the chain of events leading to the refusal. 3. Oregon Instruction to Jury: Lawfulness of the Possession: This instruction delves into whether the possession of the disputed property or asset was initially lawful or not. It guides jurors to consider whether the rightful owner initially consented to the possession or if it was acquired through illicit means. Understanding the lawfulness of the possession aids jurors in evaluating the refusal to surrender possession. 4. Oregon Instruction to Jury: Evaluation of the Refusal to Possess: Jurors are provided with guidance on assessing the refusal to surrender possession. This instruction emphasizes the importance of considering the context, evidence, and motives behind the refusal. It advises jurors to differentiate between a mere denial of rightful possession and a clear refusal, emphasizing that the latter can act as strong prima facie evidence of conversion. 5. Oregon Instruction to Jury: Burden of Proof on the Alleged Converter: This instruction clarifies the burden of proof in cases involving demand for and refusal of possession as evidence of conversion. Jurors are reminded that it is the responsibility of the alleged converter to provide a credible explanation for the refusal, or provide evidence that the refusal was justified under the circumstances. The burden lies on the alleged converter to rebut the presumption of conversion. These different types of Oregon instructions to the jury aim to ensure a comprehensive understanding of the legal principle that demand for and refusal of possession can serve as prima facie evidence of conversion. By providing guidance on the elements to consider, burdens of proof, and the significance of lawfulness in possession, these instructions assist jurors in reaching a just and informed decision when determining liability in conversion cases.
