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.
Nebraska Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: In Nebraska, when it comes to the legal concept of conversion, there are specific instructions that can be given to the jury to determine when a demand is not necessary for the plaintiff to establish a case of conversion. Conversion refers to the wrongful exercise of control over someone else's property, depriving them of their rights to use, possess, or enjoy it. This instruction provides guidance on scenarios where a demand for the return of the property is not required to prove conversion. Key elements to consider in this instruction include: 1. Definition of Conversion: The instruction should begin by defining conversion as the intentional interference with the plaintiff's property rights, leading to substantial deprivation of the plaintiff's use, possession, or enjoyment of the property. 2. Demand Requirement: Normally, in cases of conversion, the plaintiff is required to make a demand for the return of the property before filing a lawsuit. However, this instruction focuses on situations where a demand is unnecessary for the plaintiff to establish a claim of conversion. 3. Identifying Exceptions: The instruction should outline the various exceptions to the general demand requirement in converting property cases. For example, exceptions may include: a. Property Destruction: If the defendant intentionally damages or destroys the property, a demand is not necessary as the defendant's actions are undeniable evidence of conversion. b. Defendant's Denial or Refusal: If the defendant denies having possession of the property or refuses to surrender it after a proper demand, a demand is not required to prove conversion. The defendant's actions already indicate a wrongful exercise of control over the property. c. Unauthorized Sale: If the defendant sells the plaintiff's property without permission or authority, no demand is necessary to establish conversion, as the unauthorized sale is a clear interference with the plaintiff's property rights. 4. Burden of Proof: The instruction should clarify that the burden of proof lies with the plaintiff to demonstrate, by a preponderance of the evidence, that the defendant's actions met the criteria for conversion. This includes showing that the demand was unnecessary based on one of the exceptions mentioned above. Different types of specific Nebraska Instructions to the jury as to When Demand is not Necessary in Constituting Conversion may be numbered accordingly, such as: — Nebraska Instruction to Jury #X as to When Demand is not Necessary in Constituting Conversion (Property Destruction) — Nebraska Instruction to Jury #Y as to When Demand is not Necessary in Constituting Conversion (Defendant's Denial or Refusal) — Nebraska Instruction to Jury #Z as to When Demand is not Necessary in Constituting Conversion (Unauthorized Sale) Each instruction tailored to a specific exception allows the jury to properly evaluate the evidence and make an informed decision regarding the existence of conversion without the need for a demand for the return of the property.
