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.
Arizona Instruction to Jury That Demand for and Refusal of Possession is Prima Facie Evidence of Conversion In the state of Arizona, the instruction to the jury that demand for and refusal of possession is prima facie evidence of conversion is an important legal concept that helps determine liability in cases involving conversion. Conversion refers to the wrongful exercise of ownership or control over someone else's property, which deprives the owner of their rights. This instruction to the jury serves as guidance for determining whether a defendant's refusal to return or deliver possession of property after a lawful demand has been made is evidence of conversion. By giving this instruction, the court instructs the jury to consider the act of refusing to return the property as substantial evidence of conversion, which shifts the burden of proof to the defendant. Keywords: Arizona, jury instruction, demand, refusal, possession, prima facie evidence, conversion, liability, ownership, control, property, wrongful, lawful demand, burden of proof. Different Types of Arizona Instructions to Jury Regarding Demand for and Refusal of Possession as Prima Facie Evidence of Conversion: 1. General Instruction: This instruction is the most common and straightforward type, explaining the concept of demand for possession and refusal as evidence of conversion, and instructing the jury on how to consider it during deliberations. 2. Specific Instruction for Titled Property: In cases where the subject of the conversion is titled property, such as a vehicle or real estate, this specific instruction is given to address any unique factors or considerations relevant to the situation. 3. Instruction for Intentional Conversion: In cases where evidence suggests willful and intentional conversion of the property, this instruction highlights that the defendant's refusal of possession can be considered even stronger evidence of conversion. 4. Instruction for Conversion in Commercial Transactions: For cases involving the conversion of property in a business or commercial context, this instruction may provide additional guidance and factors for the jury to consider when evaluating evidence of demand and refusal of possession. 5. Instruction for Conversion by Transfer of Title: In situations where the defendant has transferred ownership or title of the property to another entity or individual, this instruction helps the jury understand how the demand and refusal of possession can still be evidence of conversion, despite the transfer. These instructions aim to ensure that the jury comprehends the significance of a demand for possession and the subsequent refusal as key indicators of conversion. By providing clarity on this matter, the court helps jurors make informed decisions when determining the liability of a defendant involved in a conversion case in Arizona.Arizona Instruction to Jury That Demand for and Refusal of Possession is Prima Facie Evidence of Conversion In the state of Arizona, the instruction to the jury that demand for and refusal of possession is prima facie evidence of conversion is an important legal concept that helps determine liability in cases involving conversion. Conversion refers to the wrongful exercise of ownership or control over someone else's property, which deprives the owner of their rights. This instruction to the jury serves as guidance for determining whether a defendant's refusal to return or deliver possession of property after a lawful demand has been made is evidence of conversion. By giving this instruction, the court instructs the jury to consider the act of refusing to return the property as substantial evidence of conversion, which shifts the burden of proof to the defendant. Keywords: Arizona, jury instruction, demand, refusal, possession, prima facie evidence, conversion, liability, ownership, control, property, wrongful, lawful demand, burden of proof. Different Types of Arizona Instructions to Jury Regarding Demand for and Refusal of Possession as Prima Facie Evidence of Conversion: 1. General Instruction: This instruction is the most common and straightforward type, explaining the concept of demand for possession and refusal as evidence of conversion, and instructing the jury on how to consider it during deliberations. 2. Specific Instruction for Titled Property: In cases where the subject of the conversion is titled property, such as a vehicle or real estate, this specific instruction is given to address any unique factors or considerations relevant to the situation. 3. Instruction for Intentional Conversion: In cases where evidence suggests willful and intentional conversion of the property, this instruction highlights that the defendant's refusal of possession can be considered even stronger evidence of conversion. 4. Instruction for Conversion in Commercial Transactions: For cases involving the conversion of property in a business or commercial context, this instruction may provide additional guidance and factors for the jury to consider when evaluating evidence of demand and refusal of possession. 5. Instruction for Conversion by Transfer of Title: In situations where the defendant has transferred ownership or title of the property to another entity or individual, this instruction helps the jury understand how the demand and refusal of possession can still be evidence of conversion, despite the transfer. These instructions aim to ensure that the jury comprehends the significance of a demand for possession and the subsequent refusal as key indicators of conversion. By providing clarity on this matter, the court helps jurors make informed decisions when determining the liability of a defendant involved in a conversion case in Arizona.
