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.
Utah Instruction to Jury as to When Demand is not Necessary in Constituting Conversion In Utah, when it comes to determining the elements of a conversion claim, one important factor is whether a demand for the return of the property is necessary. The Utah Instruction to Jury provides guidance on situations where a demand is not required in constituting conversion, ensuring a fair and thorough assessment of the case. Keywords: Utah, Instruction to Jury, conversion, demand, necessary, constituting Types of Utah Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: 1. Lack of Ownership or Rightful Possession: This type of instruction is applicable when the defendant is found to lack ownership or any rightful possession of the property. In such cases, the plaintiff does not need to make a demand for return since the defendant has no legitimate claim on the property. 2. Willful or Intentional Conduct: If it is proven that the defendant's actions were willful or intentional in depriving the plaintiff of their property, a demand is not necessary to establish conversion. This instruction highlights the significance of intent in determining whether a demand is required or not. 3. Inability or Unwillingness to Return: When the defendant is unable or unwilling to return the property, thereby demonstrating their refusal to comply, a demand is not necessary. This instruction recognizes that making a demand would be futile when the defendant shows an evident lack of cooperation. 4. Destruction, Alteration, or Disposal: If the defendant has destroyed, altered, or disposed of the property in question, a demand is not necessary for conversion. This instruction aims to address situations where the property has been significantly altered or is irretrievable, rendering a demand ineffective in remedying the harm caused. 5. Previous Demands Already Made: When prior demands have already been made for the return of the property and the defendant fails to respond or comply, subsequent demands may not be necessary. This instruction acknowledges that repetitive demands are unnecessary when the defendant has already been notified of the plaintiff's request. Understanding these different types of instruction allows the jury to evaluate the evidence and circumstances of a conversion claim in Utah. By considering whether a demand for return is necessary, the legal system ensures a fair process that takes into account various factors influencing the nature and extent of the conversion.
