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.
Alabama Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion
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Peremptory - Each side in a case has a certain number of challenges that can be used without giving a reason. These are called "peremptory" challenges. Each side may ask the judge to excuse particular jurors. If a juror is excused, this does not imply something bad and does not mean the juror is not competent.
The circumstantial evidence jury instruction tells the jury that in order to convict a defendant based on circumstantial evidence, the jury must not only find that the circumstantial evidence is consistent with defendant's guilt, but also that the evidence is not reasonably consistent with innocence.
(b) Demand. Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than thirty (30) days after the service of the last pleading directed to such issue.
If the offense charged is punishable by death, each side is entitled to 20 peremptory challenges. If the offense charged is punishable by imprisonment for more than one year, the government is entitled to 6 peremptory challenges and the defendant or defendants jointly to 10 peremptory challenges.
Code Tit. 30, § 38 (1940). As the jurors' names were drawn from the box by the court, either party could challenge the juror by exercising one of four peremptory strikes. See Ala.
Peremptory Challenge The prosecution and defense can also make a limited number of peremptory challenges to exclude a juror without providing a reason. However, a party cannot make a peremptory challenge based on race, ethnicity, or sex. If it appears this has occurred, the opposing side can object to the challenge.
In California, for most cases the number of peremptory challenges available to each lawyer is ten so long as there is one defendant. For death penalty or life imprisonment cases where a single defendant is involved, each attorney is permitted 20 peremptory challenges.
Alabama Pattern Jury Instruction 11.36 In the event a vehicle is classified as a total loss, the owner may collect ?the amount of money that compensates the owner for its loss of use during the period of time reasonably necessary to get a replacement vehicle.? Alabama Pattern Jury Instruction 11.38.