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.
In Virginia, there are specific instructions given to the jury regarding the issue of when a demand is not necessary in constituting conversion. In legal terminology, conversion refers to an act where someone unlawfully interferes with another person's property rights, depriving them of the use and possession of their property. A crucial element of proving conversion is establishing that the owner made a proper demand for the return of the property. However, under certain circumstances, a demand is not necessary to constitute conversion in Virginia. The jury receives detailed instructions to understand these exceptions and assess whether a demand was required in a particular case. Here are some types of Virginia instructions that can be given to the jury on this matter: 1. No Demand Required in Case of Denial of Rights: One situation where a demand is not necessary is when the defendant openly and clearly denies the plaintiff's rights to their property. This instruction helps the jury comprehend that if the defendant explicitly states their refusal to recognize the plaintiff's ownership rights, a demand is unnecessary before a conversion claim can be pursued. 2. No Demand Required in Case of Illegal Possession: Another scenario where a demand is not necessary is when the defendant obtains or possesses the property unlawfully. This instruction focuses on clarifying that if the defendant's possession itself is deemed illegal or against the law, the plaintiff is not obligated to make a formal demand for the return of the property before proceeding with a conversion claim. 3. No Demand Required in Case of Willful Act: In certain instances, a demand is not required if the defendant's actions in taking or withholding the property are willful and intentional. This instruction ensures that the jury understands that if the defendant acted intentionally with knowledge of their wrongful conduct, a demand is not a necessary prerequisite to establish conversion. 4. No Demand Required in Case of Futility: The instruction on futility arises when it would be futile or pointless to make a demand for the return of the property due to the defendant's behavior or known intentions. If the circumstances indicate that making a demand would be futile, the jury is instructed that it is not required to prove a demand was made before finding the defendant liable for conversion. These are some different types of Virginia instructions to the jury regarding when a demand is not necessary in constituting conversion. They provide guidance and clarity to the jury members, ensuring they understand the exceptions and can effectively apply the law to the case at hand based on the presented evidence and arguments.
