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.
South Dakota Instruction to Jury as to the Definition of Conversion: Introduction: South Dakota instruction to the jury as to the definition of conversion refers to the guidance provided by the court to jurors during a trial involving a civil claim of conversion. Conversion is a legal term that describes the act of wrongfully depriving someone of their personal property or using it in a way that is inconsistent with their rights. Jurors are instructed on the elements required to establish a claim of conversion and the legal standards they must apply to make a fair and impartial decision. Types of South Dakota Instruction to Jury as to the Definition of Conversion: 1. Standard Instruction on Conversion: This type of instruction provides a general definition of conversion applicable in most civil cases. It explains that conversion occurs when there is an intentional exercise of control over another person's property, which is inconsistent with their rights. Jurors are instructed to consider factors such as the defendant's intent, the plaintiff's ownership rights, and the defendant's interference with those rights. 2. Instruction on the Burden of Proof: Jurors may receive an additional instruction specifically addressing the burden of proof in conversion cases. This instruction clarifies that the plaintiff has the burden of proving by a preponderance of the evidence that the defendant committed conversion. It explains the standard of preponderance of evidence and educates jurors on the level of certainty required to find in favor of the plaintiff. 3. Instruction on Damages: In cases where conversion has been established, jurors may receive an instruction specific to the evaluation of damages. This instruction guides jurors in assessing the monetary value of the converted property, including compensatory damages to restore the plaintiff to their pre-conversion position and potential additional damages if the defendant's actions were particularly egregious. 4. Instruction on Defenses: If the defendant raises any defenses to the claim of conversion, such as mistake, consent, or legal justification, jurors may be provided with an instruction on these defenses. This instruction explains the elements required to establish each defense and informs jurors of their role in evaluating the credibility of evidence and determining whether the defendant has successfully proven their defense. 5. Instruction on Conversion in Specified Contexts: Depending on the nature of the case, the court may provide specialized instructions regarding conversion in specific contexts. For instance, instructions may be given to address conversion involving financial instruments, motor vehicles, livestock, or intellectual property. These instructions will provide jurors with the necessary legal framework to understand and apply the definition of conversion within the relevant context. Conclusion: South Dakota instruction to the jury as to the definition of conversion provides essential guidance during civil trials where a claim of conversion is made. These instructions ensure that jurors understand the legal elements of conversion, the burden of proof, and how to evaluate potential defenses. By receiving these instructions, jurors can make informed decisions and deliver a just verdict in accordance with South Dakota law.