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.
Indiana Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is a legal concept that pertains to cases involving the wrongful appropriation or interference with someone else's property. This instruction serves as guidance for the jury in determining whether a conversion has taken place based on the defendant's actions. In Indiana, when a plaintiff alleges conversion and presents evidence that they demanded the return of their property from the defendant, and the defendant refused to comply, this can be considered prima facie evidence of conversion. Prima facie evidence means that the presented evidence is sufficient to establish a fact or a case, without further proof or presumptions. By including this instruction in a case, the jury is being informed that the plaintiff has met the initial burden of providing evidence of demand and refusal, which can be considered as strong evidence of conversion. However, it is important to note that this instruction does not automatically establish the defendant's liability. The jury must still evaluate all the evidence presented and determine if the elements of conversion have been proven. Different types of Indiana Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion may include variations based on specific circumstances or types of property involved. Some potential variations may include: 1. Indiana Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion — Personal Property: This instruction pertains to cases where the alleged conversion involves personal property, such as vehicles, electronic devices, or personal belongings. 2. Indiana Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion — Real Property: This instruction is applicable when the alleged conversion concerns real property, such as land, buildings, or other immovable assets. 3. Indiana Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion — Financial Assets: This instruction may be relevant in cases involving the conversion of financial assets, such as money, bank accounts, stocks, or bonds. It is important to consult with legal professionals and refer to the specific Indiana laws and guidelines related to the application of this instruction in a given case. Each case may have unique circumstances and requires tailored instructions for the jury to reach a fair and just verdict.
