A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Minnesota Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion: In the state of Minnesota, the instruction to jury regarding demand for and refusal of possession as prima facie evidence of conversion is a crucial legal doctrine in civil cases involving claims of conversion. Conversion refers to the wrongful act of exercising dominion or control over another person's property without their consent. When a plaintiff alleges conversion, evidence of demand for possession followed by refusal to return the property can establish a prima facie case against the defendant. This instruction to jury highlights the significance of the plaintiff making a demand for the return of their property and the defendant's subsequent refusal to comply. By demonstrating that the defendant explicitly denied the plaintiff's rightful claim to the property, the plaintiff strengthens their argument for conversion. It is essential to note that this instruction does not automatically prove conversion; rather, it establishes a presumption that can be rebutted by the defendant with evidence suggesting an alternative explanation for the refusal of possession. Some different types of Minnesota Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion include: 1. Standard Minnesota Instruction: The standard Minnesota instruction for this doctrine instructs jurors that if a plaintiff proves they made a demand for their property and the defendant unjustly refused to return it, this is prima facie evidence of conversion. The jury is then told that they may infer conversion from this evidence unless the defendant provides a satisfactory explanation for their actions. 2. Minnesota Instruction with Specific Time Frame: This variation of the instruction specifies a time frame within which the defendant must return the property after the plaintiff's demand. If the defendant refuses to return the property within this period, the jury is told to consider it as prima facie evidence of conversion. This timeframe could be subject to the specifics of the case and any relevant statutes or legal precedents. 3. Modified Minnesota Instruction for Defenses: In certain cases, this variation of the instruction includes additional guidance for the jury regarding potential defenses the defendant may raise to rebut the inference of conversion. It emphasizes that the defendant must provide clear and convincing evidence to demonstrate a valid reason for their refusal of possession. This modified instruction ensures the jury properly evaluates any defenses raised and weighs them against the presumption of conversion created by the demand for possession and subsequent refusal. 4. Minnesota Instruction with Multiple Demands: In cases where there have been multiple demands made by the plaintiff, this instruction provides guidance to the jury on how to assess each demand and refusal separately. It clarifies that each instance of demand and refusal should be considered as separate acts of potential conversion, and the jury should evaluate each in determining the existence of conversion. These variations of the Minnesota Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion are tailored to the specific circumstances of each case. By providing relevant guidance, these instructions help ensure a fair evaluation of the evidence and a just resolution in civil cases involving claims of conversion in Minnesota courtrooms.
