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.
Alaska Instruction to Jury as to When Demand is not Necessary in Constituting Conversion refers to the legal guidelines provided to a jury in Alaska regarding the circumstances where a demand is not required to establish a claim of conversion. Conversion is a civil tort that occurs when someone unlawfully exercises control over another person's property, denying the owner's right to possess or use it. The instruction helps the jury understand the specific situations in which a plaintiff may bring a conversion claim without having to make a prior demand for the property's return. Keywords: Alaska, instruction to jury, demand, not necessary, constituting conversion, property, possess, unlawful exercise, civil tort. Different types of Alaska Instruction to Jury as to When Demand is not Necessary in Constituting Conversion can include the following: 1. Direct Conversion: This type of instruction highlights situations where the defendant intentionally or directly exercises control over the plaintiff's property without any legal justification, thereby eliminating the need for a demand. 2. Conversion with Knowledge: In cases where the defendant is aware of their wrongful control over the plaintiff's property but fails to take appropriate actions, this type of instruction informs the jury that a demand may not be necessary to establish conversion. 3. Conversion with Bad Faith: This instruction addresses cases where the defendant knows or should know that their control over the plaintiff's property is improper or against the owner's rights. It asserts that the plaintiff may proceed with a conversion claim without making a prior demand. 4. Conversion of Unique Property: In situations involving unique or highly valuable property, this type of instruction explains that a demand may not be necessary as it is evident that the defendant's wrongful control is against the owner's rights. 5. Conversion with Destruction or Alteration: This instruction informs the jury that if the defendant destroys, damages, or substantially alters the plaintiff's property, thereby diminishing its value, a prior demand may not be required to establish conversion. 6. Conversion with Refusal to Return: In cases where the defendant refuses to relinquish control over the plaintiff's property despite knowing that it rightfully belongs to the plaintiff, this instruction establishes that a demand might not be necessary to prove conversion. Note: These different types of instructions are hypothetical; their inclusion here is for illustrative purposes and not based on specific guidelines provided by the Alaska court system. Therefore, it is essential to consult the relevant legal authorities for accurate and up-to-date information on Alaska Instruction to Jury as to When Demand is not Necessary in Constituting Conversion.
