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.
Florida Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: In the state of Florida, there are specific instructions provided to the jury when determining whether a demand is necessary in constituting conversion. Conversion refers to the unlawful act of taking someone's property without their consent, resulting in the deprivation of their rights. These jury instructions help guide the jury in understanding the elements and requirements for proving conversion without the need for a prior demand. 1. Basic Explanation: The first type of instruction involves providing a basic explanation to the jury regarding conversion and its elements. The purpose is to educate the jury about what constitutes conversion and the legal factors they need to consider during the proceedings. 2. Lack of Consent: Another important instruction focuses on the concept that conversion occurs when someone takes another person's property without their consent. It emphasizes that consent has not been given by the rightful owner to the defendant, establishing the unlawful nature of the act. 3. Intentional Act: A key instruction highlights that conversion requires a deliberate and intentional act by the defendant. It underscores that the defendant was fully aware of the ownership and rights attached to the property but intentionally deprived the owner of these rights through their actions. 4. No Demand Requirement: Florida jury instructions specify that in certain cases, a prior demand for the return of the property is not necessary to establish conversion. This instruction is intended to inform the jury that, in the absence of specific circumstances that legally require a demand, the lack of such demand does not diminish the defendant's liability for conversion. 5. Exceptional Circumstances: The instruction may also outline specific exceptional circumstances where a prior demand is indeed necessary to constitute conversion. This instruction clarifies that there might be cases where such a demand is required by law, potentially influencing the outcome of the trial. 6. Statutory Exceptions: Florida law may have specific statutory exceptions where a demand is explicitly required before conversion can be established. If applicable, these instructions inform the jury of such exceptions, ensuring a fair and accurate assessment of the case. It is important to note that while these are common types of instructions typically given to juries in Florida regarding conversion, they may vary based on the specific circumstances of each case and the judge's discretion. Legal professionals involved in conversion cases in Florida must be aware of these instructions to properly represent their clients and guide them through the legal process.
