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.
Wyoming Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: In Wyoming, the instruction to the jury as to when a demand is not necessary in constituting conversion is an important aspect of the legal system. Conversion refers to the wrongful act of exercising ownership over someone else's personal property without their authorization. Normally, before a legal action for conversion can proceed, a demand for the return of the property is required. However, there are certain situations in which demand is not necessary, and instructions to the jury ensure that these exceptions are properly understood and applied. Several types of Wyoming instructions to the jury as to when a demand is not necessary in constituting conversion include: 1. Immediate and unequivocal refusal: This instruction states that if the defendant immediately and definitively refuses to return the property upon rightful demand, the plaintiff can proceed with a conversion claim without the need for a formal demand beforehand. 2. Fugitive nature of the property: When the property is of a nature that is easily movable or can be concealed, making it likely that the defendant will dispose of or hide it, a demand may be considered unnecessary. This instruction advises the jury on how to determine if the property falls under this category. 3. Adverse possession: In cases where the defendant has openly and continuously possessed the property for a specified period of time (as defined by Wyoming law), a demand may be deemed unnecessary. This instruction guides the jury on the elements to consider when assessing adverse possession claims. 4. Willful misconduct or bad faith: If the defendant's actions in acquiring or retaining the property demonstrate willful misconduct or bad faith, a formal demand may be deemed unnecessary. This instruction instructs the jury on how to evaluate whether such conduct exists. 5. Irreparable harm: In situations where the plaintiff can demonstrate that waiting for a demand to be made would result in irreparable harm or damage to the property, the instruction advises the jury on how to consider this factor in determining whether a demand is required. These different types of instructions ensure that the jury is provided with clear guidelines on when a demand is not necessary in constituting conversion in Wyoming. They safeguard the rights of individuals whose property has been wrongfully taken or withheld by others and enable them to seek proper legal recourse without being unduly burdened by the requirement of making a demand before initiating a lawsuit.
