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.
South Dakota law provides specific instructions to juries on when a demand is not necessary in constituting conversion. Conversion refers to the act of wrongfully taking or interfering with someone else's property, depriving them of its possession or value. This legal concept is essential in protecting the rights of individuals and ensuring fair compensation for the loss or damage. One type of South Dakota instruction to the jury as to when demand is not necessary in constituting conversion is when the defendant's actions are intentional. In such cases, the prosecution does not need to prove that the plaintiff made a prior demand for the return of the property. The focus is solely on the defendant's deliberate act of converting another's property without consent or legal authority. Another type of instruction pertains to conversion cases involving perishable property. In situations where the property's value is inherently time-sensitive or will rapidly deteriorate, the law recognizes that making a formal demand may not be practical or necessary. In such instances, the jury may be instructed that the plaintiff does not need to demonstrate prior demand as a requirement for conversion. Additionally, South Dakota's instruction to juries may specify that demand is not necessary if the plaintiff's property rights were completely and permanently dispossessed by the defendant. When the defendant's actions result in a total deprivation of the plaintiff's ownership or possession, there is no need for a demand as it would serve no purpose. This instruction aims to simplify the legal process and provide more efficient means of securing justice for the aggrieved party. It is important to note that these instructions to juries depend on the specific circumstances and details of each individual case. South Dakota law recognizes the need for flexibility and tailors its instructions accordingly to ensure a fair and just outcome for both parties involved. Legal professionals and juries are advised to carefully analyze the facts presented and apply the relevant instructions to make informed decisions and determinations regarding conversion cases.
