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.
California Instruction to Jury as to Evidence of Conversion is a crucial piece of information provided to the jury during a trial in California where the claim of conversion is being examined. Conversion refers to an act where someone wrongfully takes someone else's property, uses it without permission, or destroys it. Proper instructions to the jury are necessary to ensure they evaluate the evidence accurately and make an informed decision. The following are key details involving this instruction: 1. Definition of Conversion: The instruction starts by defining conversion as the wrongful exercise of dominion or control over the personal property of another person, in a manner that denies or interferes with the owner's right to possession. 2. Wrongful Intent: The instruction emphasizes that for a conversion claim to be valid, it must be established that the defendant acted intentionally and without authorization. Mere negligence or accidental acts do not constitute conversion. 3. Defendant's Knowledge: The instruction explains that the defendant must have possessed knowledge that they lacked a legal ownership or right to the property or acted with disregard to the true owner's rights. 4. Interference with Ownership Rights: The instruction highlights that interference with the owner's rights may include selling, damaging, misusing, or refusing to return the property without legal justification. 5. Good Faith Defense: If applicable, the instruction may outline a defense related to good faith. If the defendant reasonably believed they had a right to the property, their actions may not be considered conversion. 6. Damages: The instruction may inform the jury about different types of damages that can be awarded in conversion cases. Examples include compensatory damages for the value of the property, punitive damages for willful misconduct, and potential interest on the amount due. 7. Special Circumstances: In some cases, specific instructions may be given depending on the circumstances involved in the alleged conversion. For instance, if the claim involves conversion of a leased property or a bailee, additional instructions may be provided to address those aspects. Some specific types of California Jury Instructions related to Evidence of Conversion include: 1. CAL CRIM No. 2020 Conversionio— - Essential Factual Elements: This instruction lays out the essential elements that the plaintiff needs to prove to establish a claim of conversion. 2. CAL CRIM No. 2021 Conversionio— - Good Faith Belief in Right to Property: This instruction provides guidance to the jury regarding the defense of good faith belief in the right to the property alleged to be converted. It is important for the jury to carefully consider California Instruction to Jury as to Evidence of Conversion in order to make accurate decisions that uphold the law and protect the rights of both parties involved in the case.
