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.
Rhode Island Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: In Rhode Island, when it comes to the legal concept of conversion, there are specific instructions that the jury must be aware of when determining whether a demand is necessary. Conversion refers to an intentional and unlawful act of taking someone else's personal property without their consent, thereby depriving them of its possession and use. One type of instruction that may be given to the jury is when demand is not necessary in constituting conversion. This means that under certain circumstances, the owner of the property does not need to make a formal demand for the return of their property before a conversion claim can be pursued. The purpose of this instruction is to guide the jury in cases where there is a clear and obvious denial of the owner's rights to their property. It recognizes that in some situations, making a demand for the return of the property may be futile, unnecessary, or even dangerous. For example, in cases where the defendant's actions clearly show an intentional and complete disregard for the owner's rights, such as forcefully taking the property, selling it, or damaging it without any justification, a demand may be seen as redundant. In these instances, the jury can be instructed that a demand is not necessary and that the defendant's actions alone can constitute conversion. However, it is important to note that there are also instances where a demand may still be required in constituting conversion. In some situations, it may be considered reasonable for the owner to make a demand before pursuing a legal claim. If the defendant's possession of the property was initially lawful, or there were other circumstances that may require a demand to be made, the jury can be instructed differently. In summary, Rhode Island Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is an essential aspect of the legal process in conversion cases. It guides the jury in determining whether a demand for the return of the property is required or if the defendant's actions alone are sufficient to establish conversion. Understanding this instruction is crucial for achieving justice in these types of legal disputes.
