Kansas Instruction to Jury as to When Demand is not Necessary in Constituting Conversion

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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.

Kansas Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is a legal instruction that provides guidance to juries on situations where a formal demand is unnecessary to establish the offense of conversion. Conversion refers to the act of wrongfully exercising control or ownership over another person's property without their consent. Under Kansas law, there are several scenarios where a demand is not required for a conversion claim to be valid. These scenarios can be categorized into the following types of Kansas Instructions to Jury: 1. Conversion through intent: This instruction emphasizes that a demand is not necessary when the defendant's intention to permanently deprive the owner of their property can be proven. The jury is instructed to consider factors such as the defendant's knowledge, actions, and any statements made that indicate a clear intent to convert the property. 2. Conversion through willful act: This instruction informs the jury that a demand is not required if the defendant's willful act clearly demonstrates an intention to control or assert ownership over another person's property. The jury is directed to evaluate the defendant's actions, the extent of their control, and whether it was done in a manner inconsistent with the owner's rights. 3. Conversion through refusal to return property: This instruction highlights that a demand is unnecessary when the defendant, upon lawful request, refuses to return the owner's property. It explains that a refusal to return the property can be sufficient evidence of conversion, regardless of whether a formal demand was made or not. 4. Conversion with known inability to return property: This instruction addresses situations where the defendant is aware of their inability to return the property even if a demand were made. It advises the jury that a demand is not necessary if the defendant knew or reasonably should have known that returning the property was not possible. These different types of instructions guide juries in understanding the circumstances when a demand is not required to establish conversion in Kansas. By considering the defendant's intent, willful acts, refusal to return property, or known inability to return property, the jury can determine if the elements of conversion have been proven beyond a reasonable doubt.

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FAQ

The judge and attorneys ask the potential jurors questions, general or related to the specific case before them, to determine their suitability to serve on the jury. This process is called voir dire, which typically results in some prospective jurors being excused, based on their answers, from serving in that trial.

In its demand, a party may specify the issues that it wishes to have tried by a jury; otherwise, it is considered to have demanded a jury trial on all the issues so triable.

Selection of the jury A computer places the names of the jury panel in a random order. The court uses this list to call potential jurors to the jury box. After you are seated in the jury section of the courtroom, the judge may ask the panel, or you personally, questions. The attorneys may also ask you questions.

Have not been adjudged incompetent by a court. Must be able to read, write and comprehend the English language. Cannot have been convicted of a felony within the last 10 years. Cannot have served on a jury panel within the county within the past year.

How Often Will I Have to Serve? The 8th Judicial District will not require you to serve as a juror more than once in a 12-month period. However, you may be summoned to appear up to three times in a 12-month period if the trial you are summoned for is canceled.

Step 1: Selection of a Jury When a jury trial is about to begin, the trial court judge requests a panel of prospective jurors to be sent to the courtroom from the jury assembly room so that the jury selection process can begin.

Civil Cases: The Seventh Amendment right to a jury trial applies on the federal level. Unlike the Sixth Amendment, states are not required to guarantee civil trials under the Seventh Amendment. Nonetheless, most states have the right to a civil trial in specific cases to some degree in their state constitutions.

Peremptory challenges had a long history in both England and America before the Revolution, and the purpose of peremptory challenges was to allow elimination of a particular juror without reason.

More info

The best way to edit Instruction to Jury as to When Demand is not Necessary in Constituting Conversion online · Register and log in to your account. · Add the ... Jan 11, 2016 — The committee did not believe it necessary to include a preliminary instruction addressing this type of contention because it would unduly ...by LJ Severance · 1982 · Cited by 340 — A jury verdict may be appealed to a higher court based on a claim of error in instructing the jury if the appealing party submitted an instruction correctly ... A wide consensus has emerged on the excessive length and complexity of jury instructions and on a desire that model instructions be developed and formalized in ... This collection of jury instructions was compiled by the Civil Jury Instruction. Committee and is intended as a guide for judges and attorneys in constructing. There are no guidelines forms to be Completed. Judges are guided by rebuttable presumptions. Defense or prosecution may appeal sentences against the ... Plaintiff sued in trover for conversion of a certain wagon; the undisputed testimony shows that the property was delivered to defendant to be transported to Los ... In an action for damages for wrongful conversion, demand is not a necessary ... the verdict and finding of the jury will not be disturbed on appeal." Lusk v ... These instructions are intended to cover all necessary laws which are pertinent to the case. GIVEN: DISTRICT JUDGE. SOURCE ... ALM's Law.com online Real Life Dictionary of the Law. The easiest-to-read, most user-friendly guide to legal terms. Use it free!

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Kansas Instruction to Jury as to When Demand is not Necessary in Constituting Conversion