A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Title: Understanding Utah Instruction to Jury on Demand for and Refusal of Possession as Prima Facie Evidence of Conversion Keywords: Utah, instruction to jury, demand for possession, refusal of possession, prima facie evidence, conversion Introduction: In legal proceedings related to conversion cases in Utah, the instruction provided to the jury plays a crucial role in guiding them through the examination of evidence. One specific instruction that holds significance is the recognition that the demand for and refusal of possession can serve as prima facie evidence of conversion. This article aims to provide a detailed description of this Utah instruction to juries, shedding light on its importance and implications in various conversion cases. Types of Utah Instructions on Demand for and Refusal of Possession as Prima Facie Evidence of Conversion: 1. Utah Instruction to Jury: Demand for Possession and Refusal of Possession Defined: This instruction clarifies the concepts of demand for possession and refusal of possession for the jury, ensuring a common understanding of the terms before discussing their significance as evidence of conversion. It helps establish that the demand for possession refers to a lawful request made by the rightful owner, while the refusal of possession is an explicit rejection or denial of fulfilling this demand. 2. Utah Instruction to Jury: Prima Facie Evidence of Conversion: This instruction emphasizes that the demand for and refusal of possession, when proven, can serve as prima facie evidence of conversion. It highlights the importance of considering this evidence as an initial presumption of the defendant's intent to exercise control over another's property without lawful authority or justification. 3. Utah Instruction to Jury: Exploring the Elements of Conversion: This instruction provides an overview of the essential elements required to prove a conversion claim, alongside the specific relevance of demand for and refusal of possession as part of the evidence. It guides the jury in closely evaluating these elements, such as the plaintiff's ownership or right to possess the property, the defendant's interference or control, and the defendant's intent or knowledge of such interference. 4. Utah Instruction to Jury: Evaluating the Weight of Demand and Refusal Evidence: This instruction advises the jury on the weight they should assign to the evidence of demand for and refusal of possession presented during the trial. It emphasizes that while this evidence is considered prima facie, it should be evaluated along with other testimonies and circumstances of the case before drawing any conclusive inferences. Conclusion: Utah instructions to juries regarding demand for and refusal of possession as prima facie evidence of conversion are crucial in facilitating fair and effective evaluation of conversion cases. These instructions help ensure that jurors understand the significance of demand and refusal evidence and allow for a comprehensive assessment of the elements necessary for establishing a successful conversion claim. By adhering to these instructions, juries can provide a fair verdict based on a thorough examination of the evidence presented.
