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.
Illinois Instruction to Jury as to Evidence of Conversion refers to a set of guidelines provided to the jury by the presiding judge in a conversion case conducted within the state of Illinois. Conversion refers to the wrongful exercise of control, or unauthorized and inconsistent use, over someone else's property, denying the owner of their rights to such property. Following are some types of Illinois Instructions to Jury as to Evidence of Conversion: 1. Standard Instruction: In a conversion case, the standard instruction provided to the jury would include explaining the legal definition of conversion. The instruction would clarify that conversion occurs when the defendant intentionally takes control or exercises unauthorized dominion over another person’s property, depriving the owner of their rights or lawful possession. 2. Elements of Conversion: This type of instruction highlights the essential elements that the plaintiff must prove to establish a claim of conversion. It may include the requirement of proving the plaintiff's ownership or right to possess the property, the defendant's intentional exercise of control, and the deprivation of the plaintiff's rights to the property. 3. Knowledge or Lack Thereof: In certain cases, where the defendant claims lack of knowledge or awareness of their unauthorized control over the property, specific instructions may be given to the jury. These instructions would explain that the defendant does not need to have actual knowledge of their conversion, but that their deliberate ignorance or willful blindness can also establish liability. 4. Intentional vs. Negligent Conversion: Where appropriate, instructions to differentiate between intentional and negligent conversion may be given. Intentional conversion refers to deliberate and willful acts, while negligent conversion involves a failure to exercise reasonable care, resulting in the unauthorized exercise of control over another's property. 5. Damages: Instructions concerning damages may also be included, explaining to the jury how they should evaluate and calculate the damages awarded in a conversion case. This may include compensatory damages to restore the plaintiff to their previous position or punitive damages to punish the defendant for their intentional or egregious conduct. 6. Burden of Proof: Instructions regarding the burden of proof can guide the jury in understanding that the plaintiff has the responsibility of proving the defendant's conversion by a preponderance of the evidence. The jury must be convinced that it is more likely than not that the defendant committed the wrongful act of conversion. It is important to note that the specifics of the instructions provided may vary depending on the nature and circumstances of the case, and the judge's discretion. These instructions aim to assist the jury in understanding the legal principles surrounding conversion and guide their decision-making process.
