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.
Washington Instruction to Jury, Demand for and Refusal of Possession as Prima Facie Evidence of Conversion In the state of Washington, when a party is accused of conversion, the court provides jury instructions to guide the jury in their decision-making process. One specific instruction pertains to the demand for and refusal of possession as prima facie evidence of conversion. This instruction aids the jury in understanding the legal implications associated with this particular form of evidence. Conversion refers to the wrongful exercise of control over someone else's property, depriving the rightful owner of their possession or interfering with their ownership rights. In Washington, when a demand has been made for the return of the property, and the accused party refuses to comply, such demand and refusal can be considered prima facie evidence of conversion. Prima facie evidence implies that the demand for possession and the subsequent refusal, if proven in court, are sufficient to establish a presumption of conversion. This presumption places the burden of proof on the accused party to provide evidence to the contrary. However, it is essential to note that the presumption of conversion can be rebutted by presenting evidence that justifies or explains the refusal. Different types of Washington Instructions to Jury that pertain to the demand for and refusal of possession as prima facie evidence of conversion include: 1. Washington Instruction to Jury — Demand for and Refusal of Possession: This standard instruction states that if the jury finds that a demand for possession was made by the rightful owner and the accused party refused to return the property, then they may consider such demand and refusal as prima facie evidence of conversion. 2. Washington Instruction to Jury — Circumstances Affecting Demand and Refusal: This instruction provides guidance when there are circumstances of the demand for possession and refusal that may impact the evaluation of conversion. It advises the jury to assess these circumstances and consider whether they affect the strength of the evidence of conversion presented. 3. Washington Instruction to Jury — Rebutting the Presumption of Conversion: This instruction guides the jury on the burden of proof regarding the accused party's ability to rebut the presumption of conversion resulting from the demand for and refusal of possession. It emphasizes that the accused party must present evidence that convincingly demonstrates that their refusal was justified or lawful. 4. Washington Instruction to Jury — Consequences of Prima Facie Evidence: This instruction outlines the legal consequences of establishing prima facie evidence of conversion through the demand for and refusal of possession. It explains that if the jury determines the evidence meets this standard, it is their duty to presume conversion unless the accused party successfully rebuts the presumption. These Washington Instructions to Jury ensure that the demand for and refusal of possession as prima facie evidence of conversion is properly understood and evaluated during legal proceedings. They provide a framework for the jury to make informed decisions while applying the law in accordance with the specific circumstances of each case.
