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.
Maryland Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is a legal guideline used in Maryland courts to inform the jury about the circumstances under which a demand is not necessary to establish the offense of conversion. Conversion refers to the unauthorized taking, control, or exercise of ownership rights over someone else's property. This instruction is crucial in cases where the plaintiff alleges that the defendant has wrongfully converted their property and seeks compensation or the return of their possession. It helps the jury understand that in certain situations, the plaintiff does not need to make a demand to the defendant before filing a lawsuit for conversion. Keywords: Maryland, instruction to jury, demand, not necessary, conversion, unauthorized taking, control, ownership rights, property, compensation, return of possession, lawsuit. Different types of Maryland Instruction to Jury as to When Demand is not Necessary in Constituting Conversion may include: 1. Instruction for Intentional Conversion: This type of instruction provides guidance to the jury when the plaintiff alleges that the defendant's action of converting their property was intentional, meaning the defendant knowingly and deliberately exercised control over the property without the plaintiff's consent. 2. Instruction for Negligent Conversion: In cases where the plaintiff claims that the defendant negligently caused the conversion of their property, this instruction details the jury's criteria for determining whether the defendant's actions met the legal standard for negligence. It emphasizes that a demand is not necessary to establish liability for negligent conversion. 3. Instruction for Conversion by Conversion: This type of instruction comes into play when the plaintiff alleges that the defendant converted their property by converting it further or transforming it into something else. It informs the jury that if the defendant converted the plaintiff's property through a subsequent conversion, a demand is not required to constitute the offense. 4. Instruction for Conversion by Disposition: In cases where the plaintiff claims that the defendant disposed of their property without permission, this instruction guides the jury in determining whether the defendant's actions qualify as conversion. It clarifies that a demand is not necessary when the defendant unlawfully disposes of the plaintiff's property. 5. Instruction for Conversion by Misappropriation: This type of instruction is relevant when the plaintiff asserts that the defendant has misappropriated their property, using it for an unauthorized purpose or contrary to the plaintiff's rights. It explains that a demand is not a prerequisite in cases where misappropriation constitutes the grounds for conversion. 6. Instruction for Conversion by Refusal to Deliver: This instruction aids the jury in situations where the plaintiff claims that the defendant refuses to deliver their property despite a legally valid request. It emphasizes that a demand is not necessary if the defendant wrongfully withholds the property. These instructions help the jury understand the nuances and various scenarios in which a demand is not necessary to prove conversion under Maryland law. They aim to provide clarity and guidance in evaluating the evidence and reaching a fair decision in conversion cases.
