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.
Indiana Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is a legal instruction given to the jury in Indiana regarding the offense of conversion. Conversion refers to the wrongful act of intentionally and unlawfully exercising control over another person's property without their permission, and without lawful justification. The purpose of this instruction is to guide the jury in determining whether a demand for return of the property is necessary in order to establish the defendant's liability for conversion. In Indiana, there are certain situations where a demand for return is not required. This instruction helps the jury understand those situations and correctly apply the law to the facts of the case. Keywords relevant to this topic include "Indiana," "instruction to jury," "demand," "not necessary," "constituting conversion," and "types." There may be different types or variations of Indiana Instruction to Jury as to When Demand is not Necessary in Constituting Conversion, depending on the specific circumstances of the case. These variations may include instructions related to: 1. Stolen property: If the defendant is found to have knowingly possessed stolen property, then a demand for its return is not necessary to establish conversion. This instruction would elaborate on the legal requirements and elements of this circumstance. 2. Adverse possession: In cases where the defendant has wrongfully possessed the property for an extended period of time, openly and continuously, without the owner's permission, a demand may not be necessary. This instruction would outline the elements and legal principles related to adverse possession. 3. Abandoned property: If the property in question has been abandoned by the owner, a demand for its return may not be required to establish conversion. This instruction would provide guidance on determining what constitutes abandonment and how it applies to the case. 4. Impossibility of return: In situations where it is impossible to return the property to the owner, such as when the property has been destroyed, a demand may not be necessary in establishing conversion. This instruction would explain the legal principles and elements related to this circumstance. These are just a few possible examples of the types of instructions that may be included under Indiana Instruction to Jury as to When Demand is not Necessary in Constituting Conversion. The specific instructions given will depend on the facts and legal arguments presented in the case. It is important for the jury to carefully consider and apply these instructions in reaching a fair and just verdict.
