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.
Missouri Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is an important legal concept that helps establish the elements required for a successful claim of conversion. Conversion refers to the act of wrongfully depriving someone of their personal property, either permanently or temporarily. In some situations, demand may not be necessary to establish conversion, and Missouri provides specific instructions to guide the jury in such cases. One type of Missouri Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is that related to the wrongful taking or dispossession of property. In these cases, if it is proven that the defendant intentionally and unlawfully took or disposed of the property, without consent and against the rights of the owner, no formal demand is necessary to establish the claim of conversion. The jury is instructed to consider the evidence of the defendant's actions and intent in determining whether conversion occurred. Another type of instruction addresses situations where the defendant lawfully gained possession of the property but subsequently exceeded the permitted use or wrongfully withheld it. In such cases, if the owner establishes that the defendant unlawfully held or used the property without consent, demand is not necessary to constitute conversion. The instruction emphasizes that the defendant's actions go beyond what is allowed under the law, and the jury must consider the evidence in determining if conversion has taken place. It is important for the jury to understand that conversion does not always require a formal demand before legal action can be pursued. Missouri recognizes that certain circumstances exist where the defendant's actions are clear evidence of conversion, even without an explicit demand from the owner. These instructions aim to guide the jury in applying the law correctly and assessing the evidence presented to them. In summary, Missouri Instruction to Jury as to When Demand is not Necessary in Constituting Conversion provides guidance in legal cases where conversion is claimed. It outlines specific circumstances where a demand is not required to establish conversion, such as when there is a wrongful taking or dispossession of property or when the defendant exceeds the lawful use or wrongfully withholds the property. These instructions ensure the jury can assess the evidence and make informed decisions regarding the claim of conversion.
