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.
West Virginia Instruction to Jury as to the Definition of Conversion 1. Introduction to Conversion: This instruction aims to provide the jury with a detailed understanding of the legal concept of conversion in West Virginia. It explains that conversion refers to the wrongful exercise of dominion or control over another person's property, which denies the rightful owner their possessor rights. 2. Elements of Conversion: This instruction outlines the essential elements that must be proven to establish a claim for conversion. It includes keywords such as "wrongful exercise," "dominion," and "control" to emphasize the specific requirements for a successful conversion claim in West Virginia. 3. Wrongful Exercise of Dominion: This instruction elaborates on what constitutes a wrongful exercise of dominion, emphasizing that any unauthorized act inconsistent with the owner's right to possess and control the property may qualify as conversion. Keywords in this instruction may include "unauthorized," "inconsistent," and "possession." 4. Intentional Act: This instruction highlights the requirement that conversion must be an intentional act. It informs the jury that mere negligence or accidental actions do not amount to conversion. Keywords could include "intentional," "negligence," and "accidental." 5. Sufficiency of Conversion: This instruction explains that even a partial or temporary interference with the owner's rights can be sufficient to establish conversion. The keyword "sufficiency" emphasizes that the degree or extent of interference does not invalidate a conversion claim. 6. Damages: This instruction addresses the issue of damages in a conversion claim and instructs the jury on how to evaluate and award compensation to the plaintiff. Keywords could include "compensation," "damages," and "evaluation." Types of West Virginia Instruction to Jury as to the Definition of Conversion: a. Instruction on Conversion in Tangible Property: This specific instruction focuses on conversion involving physical or tangible property, such as personal belongings or real estate. b. Instruction on Conversion in Intangible Property: This instruction addresses conversion claims involving intangible property, such as intellectual property rights, bank accounts, or stock shares. c. Instruction on Conversion in Commercial Transactions: This specific instruction provides guidance to the jury when considering conversion claims arising from commercial transactions, such as the unauthorized use or disposal of business assets. d. Instruction on Conversion in the Digital Sphere: This instruction deals with conversion claims related to digital property, including unauthorized access, use, or manipulation of digital assets, such as computer programs, data, or online accounts. e. Instruction on Conversion in Employment Context: This instruction instructs the jury on conversion claims within an employment context, addressing scenarios such as misappropriation of trade secrets, unauthorized use of company resources, or wrongful retention of employer's property.
