A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Idaho Instruction to Jury: Demand for and Refusal of Possession as Prima Facie Evidence of Conversion In Idaho, the Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion is an essential concept in cases involving conversion claims. This instruction guides the jury in understanding the significance of a demand for possession and the possible implications of the defendant's refusal. Conversion refers to an unlawful act where an individual intentionally interferes with another person's property rights, effectively treating the property as their own. In such cases, the instruction serves as a crucial tool in helping the jury determine the defendant's liability and whether the conversion claim is valid. The instruction emphasizes the legal principle that when the rightful owner of property demands its return from the defendant, and the defendant refuses to surrender it, this refusal establishes a prima facie case of conversion. Prima facie evidence refers to evidence that, if uncontested and unexplained, would be sufficient to establish a fact or support a claim. In other words, the refusal of possession after a demand creates a presumption of conversion, placing the burden of proof on the defendant to provide a valid explanation or defense for their actions. Different variations of Idaho Instructions to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion may exist depending on the specific circumstances of the case. These variations might include: 1. Idaho Instruction to Jury — General Conversion: This instruction provides a broad overview of the elements of conversion and explains the significance of demand for possession and refusal in establishing prima facie evidence of conversion. 2. Idaho Instruction to Jury — Conversion of Personal Property: This instruction specifically focuses on cases involving the conversion of personal property, such as motor vehicles, electronics, or personal belongings. It outlines the requirements for establishing conversion and the role of demand for possession and refusal. 3. Idaho Instruction to Jury — Conversion of Real Property: This instruction is tailored towards cases where the conversion involves real property, such as land or buildings. It clarifies how the demand for possession and refusal apply in these specific situations and the implications for establishing a conversion claim. It is important for the jury to carefully consider the evidence, including any demand for possession and subsequent refusal, while keeping in mind that the defendant may present a valid explanation or defense. The instruction serves as a guiding principle, assisting the jury in evaluating the facts and determining whether the defendant should be held liable for conversion based on the prima facie evidence presented. In summary, the Idaho Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion is a key component of conversion cases in Idaho. It highlights the legal significance of a demand for possession followed by a refusal, creating a presumption of conversion. Different variations of this instruction may exist, focusing on general conversion, conversion of personal property, or conversion of real property. By following these instructions, the jury can properly assess the evidence and make an informed decision concerning the conversion claim at hand.
