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.
Louisiana Instruction to Jury as to Evidence of Conversion is a set of guidelines provided to the jury in a civil case that involves a claim of conversion. In legal terms, conversion refers to the unauthorized taking or control of another person's property, depriving them of its possession or enjoyment. These instructions are designed to educate the jury about what constitutes evidence of conversion and how they should evaluate it during the trial. There are several types of Louisiana Instructions to Jury as to Evidence of Conversion, namely: 1. General Definition: This instruction provides a general definition of conversion, explaining that it involves the intentional interference with the owner's rights to possess or control the property. It also emphasizes that conversion can be an overt act or an omission to act when there is a duty to do so. 2. Elements of Conversion: This instruction outlines the essential elements that must be proven to establish a claim of conversion. It typically includes elements such as the plaintiff's ownership or right to possess the property, the defendant's intentional interference, and the resulting harm or damages suffered by the plaintiff. 3. Burden of Proof: This instruction explains to the jury that the burden of proof rests with the plaintiff, who must establish the elements of conversion by a preponderance of the evidence. It emphasizes that the plaintiff needs to convince the jury that it is more likely than not that the defendant committed the act of conversion. 4. Non-Physical Conversions: Some cases may involve non-physical conversions, such as the conversion of intangible property rights or financial instruments. Instructions specific to these situations may be given to guide the jury in evaluating the evidence and applying the conversion principles to such cases. 5. Remedies for Conversion: This instruction informs the jury about the potential remedies available to the plaintiff if they find in favor of the plaintiff and establish that conversion occurred. It may explain the various forms of damages, including compensatory, punitive, and nominal damages, as well as the possibility of returning the property to the plaintiff. 6. Affirmative Defenses: In some instances, the defendant may assert affirmative defenses to counter the claim of conversion. Instructions related to these defenses, such as necessity, consent, or mistake, may be provided to guide the jury's evaluation of the evidence presented. These Louisiana Instructions to Jury as to Evidence of Conversion are essential in ensuring that the jurors, who may not have legal training, understand the legal principles surrounding conversion claims. They help the jury make an informed decision based on the evidence presented and the instructions given by the court.
