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.
