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.
Virgin Islands Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion
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US-01435BG
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How to fill out Instruction To Jury That Demand For And Refusal Of Possession Is Prima Facia Evidence Of Conversion?
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FAQ
The burden of proving guilt beyond a reasonable doubt falls entirely on the prosecution. They must present strong and convincing evidence that leaves no room for any reasonable alternative explanations.
In conclusion, unlike English law, the British Virgin Islands Evidence Act 2006 provides for an express mechanism as to the factors which a court is required to assess in order to decide whether illegally obtained evidence should be admitted.
?Preponderance? is taken to mean a majority, 51%, or other equivalent measures that imply that the defendant more likely than not committed the act. ?Beyond a reasonable doubt? is a more difficult standard to define, but it clearly requires a much higher level of certainty than does preponderance of the evidence.
The average Virgin Islands statute of limitations is around two years for most civil cases. This means that for whatever civil crime is committed, the plaintiff has two years from the date of the crime to talk to a lawyer.
Whereas, in a civil trial, a party may prevail with as little as 51 percent probability (a preponderance), those legal authorities who venture to assign a numerical value to ?beyond a reasonable doubt? place it in the certainty range of 98 or 99 percent.