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.
Hawaii Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion
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FAQ
Rule 609 allows for the admission of prior conviction evidence for impeachment purposes in both criminal and civil trials.
Rule 609 of the Federal Rules of Evidence deals with the impeachment of a witness by evidence that the witness has been previously convicted of a crime.
Rule 104 Preliminary questions. (a) Questions of admissibility generally. Preliminary questions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined by the court, subject to the provisions of subsection (b).
Rule 609 Impeachment by evidence of conviction of crime. For the purpose of attacking the credibility of a witness, evidence that the witness has been convicted of a crime is inadmissible except when the crime is one involving dishonesty.
Evid. 402, establishes the basic precondition for admissibility of all evidence: it must be "relevant" as that term is defined in Rule 401. In State v. Smith, 59 H.
Rule 609.1 Evidence of bias, interest, or motive. (a) General rule. The credibility of a witness may be attacked by evidence of bias, interest, or motive. This rule has no federal counterpart, which means that common-law principles of bias, interest, or motive impeachment govern the practice in the federal courts.
This rule governs judicial notice of an adjudicative fact only, not a legislative fact. (2) can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned. (2) must take judicial notice if a party requests it and the court is supplied with the necessary information. (d) Timing.
R. Evid. 404. It operates to exclude generally evidence of a person's character "for the purpose of proving that he acted in conformity therewith on a particular occasion." The exclusion represents a particularized application of the principle of Rule 403 supra.