Oregon Instruction to Jury as to When Demand is not Necessary in Constituting Conversion

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A jury instruction is the judge's oral explanation of the law governing a case. Jury instructions are given after the attorneys have presented all the evidence and have made final arguments, but before the jury begins deliberations. Improper explanations of the law to be applied in jury instructions are often the basis for later appeals. Proof of demand and refusal is not essential to the maintenance of an action for conversion when the conversion is otherwise established.

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FAQ

Article I, section 17 states: ?In all civil cases the right of Trial by Jury shall remain inviolate.? This means the right cannot be taken away. The drafters of Oregon's constitu- tion took those provisions directly from the Indiana Constitution of 1851. Voters adopted the Oregon Constitution in 1857.

?Jury service is the civic duty of each citizen. Failure to respond to your jury summons may result in a warrant being issued for your arrest. You will then appear in court before a judge and show cause why you should not be held in contempt.

Depending on the jurisdiction and applicable law, a party may have an automatic right to a jury trial on certain claims in federal court. However, a party still must properly demand a jury trial in most cases.

Article I, section 17 states: ?In all civil cases the right of Trial by Jury shall remain inviolate.? This means the right cannot be taken away. The drafters of Oregon's constitu- tion took those provisions directly from the Indiana Constitution of 1851. Voters adopted the Oregon Constitution in 1857.

Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.

The decision to have your case tried in front of a jury or in front of a judge is yours and yours alone. Your lawyer can help you make the decision, but ultimately, it's the defendant's choice. Put simply: a defendant has the option of having a judge or a jury hear the case.

Peremptory challenges had a long history in both England and America before the Revolution, and the purpose of peremptory challenges was to allow elimination of a particular juror without reason.

If you face an undue hardship, you may be able to be excused from jury service or postpone service. Reasons you may be excused from jury service include: You have no means of transportation. You would have to travel an excessive distance to the courthouse.

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Oregon Instruction to Jury as to When Demand is not Necessary in Constituting Conversion