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.
Alaska Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion: In Alaska, Instructions to the Jury play a critical role in guiding the jury members in understanding the elements of a particular offense or legal principle. One such important instruction relates to the concept of conversion in a civil lawsuit or criminal case. Specifically, the instruction emphasizes that when a demand for possession is made, and the defendant refuses to return the property, it constitutes prima facie evidence of conversion. Prima facie evidence refers to evidence that, if uncontested or unexplained, is sufficient to establish a particular fact or issue. Therefore, when a plaintiff can show that they have made a proper demand for possession of their property, and the defendant refuses to comply, it creates a presumption that the defendant has committed conversion, i.e., unlawfully exerted control over the property of another. The Alaska Instruction to Jury on demand for and refusal of possession as prima facie evidence of conversion establishes a strong legal foundation to prove the defendant's liability. However, it is essential to recognize that the instruction is not an automatic guarantee of conviction or liability. The defendant can present evidence or explanations to challenge or rebut the presumption of conversion created by the refusal to return the property upon demand. Different variations or types of Alaska Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion may include: 1. Standard Instruction: This is the basic instruction that outlines the elements and presumption involved in the demand for and refusal of possession. It provides a general overview of the concept and its relevance in proving conversion. 2. Exceptions or Defenses Instruction: This instruction addresses specific situations where the defendant may have a lawful justification for refusing to return the property, such as when the defendant has a rightful claim or lien on the property, or if the defendant is holding the property as collateral for unpaid debts. 3. Burden of Proof Instruction: This instruction emphasizes that the presumption of conversion created by the refusal to return property upon demand is rebutted table. It places the burden on the defendant to provide evidence or arguments to challenge the presumption and convince the jury that conversion did not occur. 4. Jury Discretion Instruction: This instruction reminds the jury members that, ultimately, they are the triers of fact and can weigh the evidence presented by both parties. It advises the jury to carefully consider all the evidence, including any explanations or justifications presented by the defendant, before reaching a verdict. In conclusion, the Alaska Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion is an important legal instruction that helps establish a presumption of liability in cases involving the unlawful withholding of property. While it is a powerful tool for the plaintiff or prosecution, defendants have the opportunity to present evidence to challenge or rebut this presumption. The specific types of instructions may vary to address exceptions, burdens of proof, and the discretionary role of the jury in evaluating the evidence.Alaska Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion: In Alaska, Instructions to the Jury play a critical role in guiding the jury members in understanding the elements of a particular offense or legal principle. One such important instruction relates to the concept of conversion in a civil lawsuit or criminal case. Specifically, the instruction emphasizes that when a demand for possession is made, and the defendant refuses to return the property, it constitutes prima facie evidence of conversion. Prima facie evidence refers to evidence that, if uncontested or unexplained, is sufficient to establish a particular fact or issue. Therefore, when a plaintiff can show that they have made a proper demand for possession of their property, and the defendant refuses to comply, it creates a presumption that the defendant has committed conversion, i.e., unlawfully exerted control over the property of another. The Alaska Instruction to Jury on demand for and refusal of possession as prima facie evidence of conversion establishes a strong legal foundation to prove the defendant's liability. However, it is essential to recognize that the instruction is not an automatic guarantee of conviction or liability. The defendant can present evidence or explanations to challenge or rebut the presumption of conversion created by the refusal to return the property upon demand. Different variations or types of Alaska Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion may include: 1. Standard Instruction: This is the basic instruction that outlines the elements and presumption involved in the demand for and refusal of possession. It provides a general overview of the concept and its relevance in proving conversion. 2. Exceptions or Defenses Instruction: This instruction addresses specific situations where the defendant may have a lawful justification for refusing to return the property, such as when the defendant has a rightful claim or lien on the property, or if the defendant is holding the property as collateral for unpaid debts. 3. Burden of Proof Instruction: This instruction emphasizes that the presumption of conversion created by the refusal to return property upon demand is rebutted table. It places the burden on the defendant to provide evidence or arguments to challenge the presumption and convince the jury that conversion did not occur. 4. Jury Discretion Instruction: This instruction reminds the jury members that, ultimately, they are the triers of fact and can weigh the evidence presented by both parties. It advises the jury to carefully consider all the evidence, including any explanations or justifications presented by the defendant, before reaching a verdict. In conclusion, the Alaska Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion is an important legal instruction that helps establish a presumption of liability in cases involving the unlawful withholding of property. While it is a powerful tool for the plaintiff or prosecution, defendants have the opportunity to present evidence to challenge or rebut this presumption. The specific types of instructions may vary to address exceptions, burdens of proof, and the discretionary role of the jury in evaluating the evidence.