Kentucky Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion

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US-01425BG
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Description

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.


In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so.

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FAQ

Under the Sixth Amendment and Article III, Section 2 of the Constitution, you have the right to a jury trial if a serious crime is charged. The right to a jury trial doesn't apply in all situations, and in some cases, it is not wise to exercise the right.

If the jurors cannot agree on a verdict, a hung jury results, leading to a mistrial. The case is not decided, and it may be tried again at a later date before a new jury. Or the plaintiff or government may decide not to pursue the case further and there will be no subsequent trial.

Judge's Instructions on the Law This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. You must consider all of the instructions and give them equal consideration.

Jury instructions are the only guidance the jury should receive when deliberating and are meant to keep the jury on track regarding the basic procedure of the deliberation and the substance of the law on which their decision is based.

The judge will instruct the jury in each separate case as to the law of that case. For example, in each criminal case, the judge will tell the jury, among other things, that a defendant charged with a crime is presumed to be innocent and the burden of proving his guilt beyond a reasonable doubt is upon the Government.

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Kentucky Instruction to Jury that Property Interest is Necessary to Maintain an Action for Conversion