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.
Delaware Instruction to Jury as to the Definition of Conversion: In a legal context, conversion refers to an act of intentionally exerting control or dominion over someone else's property without their consent. This instruction is provided to the jury to educate them on the definition and elements of conversion cases in Delaware. It aims to ensure that the jury understands the concept and can properly apply it to the facts of the case. Keywords: Delaware, instruction to jury, definition, conversion, elements, property, consent Delaware Instruction to Jury as to the Definition of Conversion can be further categorized into several types based on the nature of the conversion: 1. Trespassers Conversion: This type of conversion occurs when someone unlawfully takes possession of another person's property and exercises unauthorized control over it. It involves an intentional act of dispossessing the owner and using the property for their benefit without permission. 2. Detrimental Conversion: In cases of detrimental conversion, the person who takes possession of another's property causes damage or loss to the owner or interferes with their ownership rights. This type of conversion involves both the initial act of taking possession and subsequent actions that result in harm to the owner or their rights. 3. Unauthorized Conversion: Unauthorized conversion refers to any act wherein a person wrongfully takes or uses someone else's property without consent or authority. It encompasses cases where the person either explicitly or implicitly exceeds the scope of a limited permission to use the property. 4. Conversion by Misdelivery: This type of conversion occurs when someone delivers property to the wrong recipient, enabling them to exercise control over the property. It involves mistakenly transferring possession to an unintended party, resulting in an unauthorized conversion. 5. Conversion by Wrongful Refusal: Conversion by wrongful refusal transpires when someone intentionally denies the rightful owner access to their property, despite their valid ownership claim or demand for its return. This type of conversion occurs when the possessor unlawfully withholds the property from its rightful owner. In cases involving conversion, the jury is instructed to carefully consider the evidence presented and assess whether the essential elements are proven beyond a reasonable doubt. They must determine the defendant's intent to exert control over another's property without consent, establishing that the conversion occurred. Additionally, the jury should also evaluate any defenses raised by the defendant, such as a claim of proper authority or consent, when determining liability.
