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.
Title: Understanding Ohio Instruction to Jury as to When Demand is not Necessary in Constituting Conversion Keywords: Ohio instruction to jury, demand not necessary, constituting conversion, types Introduction: Ohio instruction to jury plays a vital role in guiding the jurors to understand the legal aspects of various cases. One of the essential aspects of instruction pertains to when a demand is not necessary in constituting conversion. In this article, we will delve into the detailed description of Ohio instruction to jury regarding this topic, exploring its significance and different types it may manifest. I. Understanding Ohio Instruction to Jury as to When Demand is not Necessary 1. Definition of Conversion in Ohio Law: — Explanation of conversion as a civil wrong that occurs when one interferes with another individual's personal property rights, resulting in either wrongful possession or deprivation of ownership rights. — Highlighting the importance of understanding the elements required to prove conversion, such as the plaintiff's ownership or right to possess the property, defendant's interference, and damages resulting from such interference. 2. The Concept of Demand in Conversion Cases: — Examination of the general rule that demands are typically necessary to establish a conversion claim in Ohio. — Clarification that a demand refers to a formal request made by the owner to the alleged converter, demanding either the return of the property or compensation for its value. — Emphasizing how a demand serves as a prerequisite to establish the defendant's wrongful withholding or appropriation of the property, indicating their refusal to comply with the owner's rightful claim. 3. Exceptions to the Requirement for Demand in Ohio: — Explanation of specific scenarios where Ohio law recognizes the absence of demand as necessary for constituting conversion. — Illustration of the exception when the defendant denies ever receiving the property or asserts a superior right of ownership, making a demand futile. — Analysis of cases where the property's nature is such that demand would be impractical or contrary to the owner's interests, such as perishable items or hazardous materials. — Highlighting situations where the defendant's conduct exhibits bad faith or intentional conduct, eliminating the necessity of a formal demand. II. Types of Ohio Instruction to Jury as to When Demand is not Necessary 1. Standard Jury Instruction: — Overview of the standard, widely used Ohio jury instruction that explains when a demand is not required to establish conversion. — Discussion of the specific language used in this instruction to guide the jurors during a trial. 2. Tailored Instructions for Specific Cases: — Analysis of how Ohio courts may tailor jury instructions regarding demand in conversion for specific case circumstances. — Differentiation between tailored instructions based on situations involving real property, intellectual property, personal property, or commercial transactions. 3. Historical Development of Ohio Jury Instructions on Demand: — Delving into the historical evolution of Ohio jury instructions on demand in conversion cases, examining changes in legislation, rulings, and court interpretations. Conclusion: Understanding Ohio instruction to jury as to when demand is not necessary in constituting conversion is crucial for both legal practitioners and jurors involved in civil cases. By comprehending the exceptions to the demand requirement, jurors can make informed decisions based on the specific facts and circumstances of each case.
