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.
North Carolina Instruction to Jury: Demand for and Refusal of Possession as Prime Facial Evidence of Conversion In North Carolina, when a case involves a claim of conversion, the court provides the jury with specific instructions on how to evaluate the evidence. One crucial instruction is that the demand for and refusal of possession can be considered prima facie evidence of conversion. This instruction guides the jury in assessing whether the defendant wrongfully exercised control over the plaintiff's property. The instruction emphasizes that if the plaintiff presents evidence of a valid demand for the return of the property and the defendant refuses to comply, the jury may infer that the defendant converted the property. By refusing to give back what rightfully belongs to the plaintiff, the defendant's actions suggest an intent to exercise control over the property in a manner inconsistent with the owner's rights. This North Carolina instruction serves as a vital legal tool to establish a presumption of conversion against the defendant. It helps the jury evaluate the case more effectively and aids in determining whether the defendant intentionally interfered with the plaintiff's property rights. Types of North Carolina Instructions to Jury on Demand for and Refusal of Possession as Prime Facial Evidence of Conversion: 1. Standard Instruction: This instruction provides a general guideline to the jury on how to consider the demand for and refusal of possession as prima facie evidence of conversion. It ensures consistency across cases and helps the jury understand the significance of this evidence. 2. Modified Instruction for Specific Cases: North Carolina law recognizes that each case may have unique circumstances. In such cases, the court may provide a modified instruction to address the specific facts and legal issues involved. For example, if the property in question is of significant value or if there are unusual circumstances of the demand for possession, the instruction may be tailored accordingly. 3. Supplemental Instruction: The court may provide supplemental instructions if the evidence or a particular argument presented during the trial requires further clarification. These additional instructions can help the jury reach a fair and informed decision when considering the demand for and refusal of possession as prima facie evidence of conversion. By providing these instructions, North Carolina's legal system ensures that juries can properly evaluate the evidence related to demand for and refusal of possession in conversion cases. These instructions safeguard the rights of both plaintiffs and defendants, promoting fairness and justice in the resolution of legal disputes involving property rights.
