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.
North Carolina Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: In North Carolina, a detailed instruction is provided to the jury regarding the circumstances when demand is not necessary in constituting conversion. Conversion is a legal term used to describe the act of wrongfully exercising control over someone else's property, depriving them of their rights to possess and use it. One type of instruction that may be given to the jury involves the concept of wrongful possession. If the defendant is found to be in wrongful possession of the property, whether through theft, misappropriation, or any other unauthorized means, demand for its return is generally deemed unnecessary before a claim of conversion can be made. This instruction ensures that the victim does not have to go through the burden of making a demand when the defendant's possession is clearly unlawful. Another type of instruction relates to the defendant's refusal to return the property upon demand. In cases where the plaintiff has made a valid demand for the return of their property, and the defendant outright refuses to comply with the demand, no further demand is necessary. The refusal itself is considered proof of the defendant's intent to exercise control over the property, establishing the basis for a conversion claim. Additionally, an instruction may be given if the property has been damaged or altered by the defendant. In such cases, demand is not necessary, as the damage or alteration signifies the defendant's intent to exercise control over the property, indicating a conversion has taken place. Furthermore, an instruction may be provided if the defendant's possession of the property is inconsistent with the rights of the true owner. If the defendant's possession exceeds the scope of what they are authorized to possess, whether through lease agreements or other legal arrangements, demand is typically not necessary to establish the conversion claim. In summary, North Carolina provides specific instructions to the jury regarding situations where demand is not necessary in constituting conversion. These instructions include cases of wrongful possession, refusal to return the property upon demand, damage or alteration of the property, and possession inconsistent with the rights of the true owner. Keywords: North Carolina, instruction to jury, demand, conversion, wrongful possession, refusal to return, property damage, alteration of property, possession inconsistent with rights, legal instructions, unauthorized possession.
