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.
Michigan Instruction to Jury as to Evidence of Conversion: In the state of Michigan, when a case involves a claim of conversion, the court provides specific instructions to the jury regarding the evidence required to establish this offense. Conversion refers to the act of unlawfully taking someone else's property or exercising control over it without their consent, thereby depriving them of their right to use or possess it. This instruction aims to guide the jury in considering the evidence presented to determine if conversion has taken place. There are several types of Michigan Instructions to Jury as to Evidence of Conversion: 1. Standard Instruction: The standard instruction for conversion outlines the elements that must be proven by the plaintiff to establish the defendants' liability. This includes the following: a. Plaintiff's Ownership: The plaintiff must establish that they had ownership or possessor rights over the property allegedly converted. b. Defendant's Control: The plaintiff must prove that the defendant exercised control over the property without their consent. c. Intentional Act: The plaintiff must demonstrate that the defendant intentionally exercised control or took possession of the property. d. Deprivation of Right: The plaintiff must show that the defendant's actions deprived them of their right to possess or use the property. 2. Presumption of Conversion: Under certain circumstances, the court may instruct the jury on the presumption of conversion. The instruction will explain that when the plaintiff establishes their ownership of the property and its non-return, the law presumes that a conversion has occurred. However, this presumption can be rebutted by the defendant presenting evidence to the contrary. 3. Good Faith Defense: In some cases, the defendant may argue that they acted in good faith or had a valid belief that they had the right to possess or control the property. In such instances, the court may provide an instruction explaining the concept of a good faith defense. This instruction clarifies that if the defendant genuinely believed they had lawful authority or ownership over the property, they may not be held liable for conversion. 4. Value of the Property: When determining damages in a conversion case, the court may instruct the jury on how to assess the value of the converted property. This instruction will guide the jury in evaluating the fair market value of the property at the time of the conversion. It is crucial to note that these instructions can vary depending on the specific facts and circumstances of each case. The jury's understanding and application of these instructions play a vital role in determining whether the plaintiff has successfully proven their claim of conversion.
