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 Regarding Goods Wrongfully Taken From Plaintiff as Conversion: In South Dakota, when goods are wrongfully taken from a plaintiff, the plaintiff may pursue a legal remedy known as conversion. Conversion occurs when someone intentionally and wrongfully interferes with another's personal property, depriving the owner of their rights and possession of the goods. It is essential for the jury to understand the concept of conversion and its implications in South Dakota law. 1. Definition of Conversion: The first type of instruction involves defining conversion to the jury. Jurors need to understand that conversion is a civil wrong where a defendant intentionally exercises control over the plaintiff's goods without lawful authority or the owner's consent. Conversion can occur through physical acts or actions that substantially interfere with the owner's ownership rights. 2. Elements of Conversion: The second type of instruction focuses on the elements that must be proven to establish a claim of conversion. The jury needs to consider these elements during the evaluation of the plaintiff's case. These elements generally include: a) Plaintiff's ownership or right to possession: The plaintiff must demonstrate that they had the legal right to possess the goods at the time of the alleged conversion. b) Defendant's deliberate interference: The plaintiff must establish that the defendant intentionally and wrongfully took, damaged, withheld, or otherwise interfered with their goods. c) Substantial interference: The plaintiff needs to show that the defendant's actions substantially interfered with the plaintiff's rights or enjoyment of the goods. d) Damages: The plaintiff must prove that they suffered actual damages due to the defendant's conversion, which may include the value of the goods and any other resulting losses. 3. Examples of Conversion: To help the jury grasp the concept of conversion, providing them with relevant examples specific to South Dakota law can be beneficial. These examples can involve scenarios such as: a) Trespasser removing property without consent b) A bailee refusing to return goods to the owner c) Unauthorized sale, destruction, or alteration of goods d) Wrongful withholding of property by a debtor 4. Burden of Proof: It is crucial to explain the burden of proof — the level of evidence required for the plaintiff to succeed in proving their claim of conversion. Typically, the burden of proof in civil cases is by a preponderance of the evidence, meaning that the evidence presented should be more convincing than the opposing party's evidence. 5. Jury Deliberation: Lastly, the instruction may include guidance on the jury's deliberation process, such as emphasizing the necessity to consider all evidence and apply the law as instructed. The jury should analyze the facts presented during the trial to decide whether the plaintiff has proven their claim of conversion by a preponderance of the evidence. By providing detailed instructions on conversion, the jury will be better equipped to understand the plaintiff's claim, assess the evidence, and reach a fair and just verdict.
