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.
Louisiana Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is a legal concept that outlines the circumstances under which a demand is not necessary in proving a case of conversion in Louisiana. Conversion refers to the unauthorized and wrongful exercise of control over another person's property, depriving them of their rights. In Louisiana, there are different types of instructions to the jury as to when demand is not necessary in constituting conversion. These instructions may vary based on the specific circumstances of the case, but some common types include: 1. Instruction based on immediate possession: This instruction states that if the defendant takes immediate control and possession of another person's property without proper authorization, a demand is not necessary in proving conversion. This is particularly applicable in cases where the defendant wrongfully seizes the property without the owner's knowledge or consent. 2. Instruction based on refusal to deliver the property: This instruction asserts that if the defendant refuses to deliver the property to the rightful owner upon demand, a demand is not necessary to prove conversion. In such cases, the defendant's refusal to return the property demonstrates their wrongful intent and supports the conversion claim. 3. Instruction based on impossibility of compliance: This instruction states that if it is impossible or impracticable for the plaintiff to make a demand for the return of their property due to the defendant's actions or circumstances, a demand is not necessary to establish conversion. For example, if the defendant has fled the jurisdiction or has engaged in acts that prevent the plaintiff from making a demand, this instruction becomes relevant. 4. Instruction based on prior knowledge: This instruction emphasizes that if the defendant had prior knowledge that the property was not rightfully theirs, a demand is not required to prove conversion. This instruction applies when it can be demonstrated that the defendant knew or should have known that they had no lawful claim to the property but still exercised control over it. 5. Instruction based on evidence of intent: This instruction highlights that if there is sufficient evidence to prove the defendant's intent to permanently deprive the plaintiff of their property, a demand is not necessary in establishing conversion. Evidence of intent may include the defendant's actions, statements, or other circumstances that indicate an intention to retain the property as their own. These various instructions to the jury help guide the legal proceedings in cases involving conversion in Louisiana, enabling the jury to understand when a demand is not necessary in proving conversion. It is important for attorneys and judges to navigate the specific details of each case to determine which instruction is appropriate based on the evidence presented.
