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.
Oklahoma Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: In Oklahoma, when discussing the legal doctrine of conversion, it is important for the jury to understand the circumstances under which a demand is not necessary for a plaintiff to establish the defendant's liability. Conversion refers to the act of wrongfully taking or holding someone else's property, denying their right to possession. It can be a civil tort that requires compensation to the aggrieved party. The absence of a demand is a critical factor in constituting conversion in Oklahoma, and there are several situations where a demand is not necessary. Providing clear instructions to the jury on these circumstances ensures a fair trial and accurate verdict. Below are some relevant types of instructions that can be given: 1. Conversion in Clear Cases: This instruction relates to situations where the defendant's actions are so obviously wrongful that a demand for the property's return is unnecessary. It explains that when the property is taken unlawfully, the defendant cannot claim good faith or ignorance of the owner's rights as a defense. 2. Conversion by Denial of Rightful Possession: This instruction specifies that when the defendant denies the rightful owner's possession of the property, whether through refusal, withholding, or any other means, a demand is not necessary to establish conversion. The jury is informed that the defendant's denial itself is evidence of their wrongful intent. 3. Conversion by Destruction or Alteration: In cases where the defendant destroys, damages, or alters the property in their possession without the owner's consent, a demand is not required. This instruction emphasizes that the act of destruction or alteration is sufficient evidence of conversion, even if the owner hasn't demanded the property's return. 4. Conversion by Transfer of Ownership: This instruction deals with situations where the defendant transfers ownership of the property to someone else without the owner's consent. It clarifies that a demand is not necessary to prove conversion since the defendant's act of transferring ownership constitutes a wrongful exercise of control over the property. 5. Conversion by Unauthorized Sale or Disposal: This instruction is applicable when the defendant sells, disposes of, or otherwise deals with the property without the owner's permission. It highlights that a demand is not required to establish conversion, as the unauthorized sale or disposal itself demonstrates the defendant's lack of rightful authority over the property. By providing these specific instructions, the jury can better grasp the legal nuances of conversion in Oklahoma and apply them to the evidence presented. The instructions help streamline the legal process and assist the jury in coming to a just verdict in conversion cases where a demand is not necessary.
