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.
Nebraska Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is a legal instruction given to the jury in Nebraska court cases involving allegations of conversion. Conversion refers to the unlawful interference with another person's property rights, where the defendant either takes control over the property or exercises dominion or control inconsistent with the owner's rights. This instruction advises the jury that when the plaintiff demands the return of their property, and the defendant refuses to comply with that demand, such action is considered prima facie evidence of conversion. Prima facie evidence means that the refusal to return the property creates a presumption that the defendant has committed conversion, which stands unless the defendant can provide evidence to the contrary. Keywords: Nebraska, instruction to jury, demand for possession, refusal of possession, prima facie evidence, conversion, legal instruction, court cases, property rights, unlawful interference, control, plaintiff, defendant, presumption. Additional Nebraska Instructions to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion may include variations or specific details related to the case at hand, such as: 1. Nebraska Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion (Real Property): This instruction may be used in cases involving the conversion of real property (land or immovable structures), where the plaintiff demands the return of their property and the defendant refuses to comply, thus indicating a prima facie evidence of conversion. 2. Nebraska Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion (Personal Property): This instruction may be used in cases involving the conversion of personal property (movable assets), such as vehicles, jewelry, or electronics. It informs the jury that when the plaintiff demands the return of their personal property and the defendant refuses to comply, it serves as prima facie evidence of conversion. 3. Nebraska Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion (Ailment): This instruction may apply in cases where the conversion claim involves the improper handling or disposal of goods entrusted to the defendant as an ailment. It emphasizes that if the plaintiff demands the return of their goods, and the defendant refuses to comply, it can be considered prima facie evidence of conversion. It's important to note that specific instructions may vary depending on the circumstances of each case and any applicable laws or regulations. Legal professionals should consult the relevant Nebraska statutes and case law for the most accurate and up-to-date instructions related to the demand for and refusal of possession as prima facie evidence of conversion.
