New Jersey Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion

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Multi-State
Control #:
US-01362BG
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Description

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.

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FAQ

The elements of conversion are: the plaintiff's ownership or right to possession of the property; the defendant's conversion by wrongful act inconsistent with the property rights of the plaintiff; and. damages.

Disqualification Policy is unable to read, write, speak and understand the English language; is incapable, by reason of mental or physical infirmity, to render efficient jury service; and/or. has been convicted of a crime punishable by imprisonment for more than one year and has not been granted a pardon or amnesty.

ONE IS NOT QUALIFIED TO SERVE AS A JUROR IF: If you have served on jury duty within the past 4 years. If you have been convicted of a felony. If you are under the age of 18 years.

Affirmative Defense of Qualified Refusal A ?qualified refusal,? made in good faith, where the defendant had a reasonable doubt about the plaintiff's right to immediate possession, is a defense to conversion.

If you are scheduled to report for Jury service and feel sick, please do not come to the courthouse. Please contact the Jury Management office at 908-659-4620 or unnjury.mailbox@njcourts.gov to be rescheduled.

Excuse from Service You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment. You provide care for a dependent and cannot afford to have someone cover for you. Serving would be an extreme financial burden.

The standard remedy for conversion is return of the property in question or damages for the fair market value of the property.

Jurors must complete the qualification questionnaire using the online portal or mailed letter version prior to submitting an excusal request. Excusal requests can be submitted using the online portal or by completing the excusal section on the bottom of the mailed questionnaire.

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New Jersey Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion