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.
Colorado Instruction to Jury as to When Demand is not Necessary in Constituting Conversion One of the important legal concepts in Colorado is the requirement of demand in constituting conversion. Conversion refers to the wrongful exercise of control over someone else's property, depriving the owner of their rights and benefits in that property. However, there are situations in which a demand is not necessary to establish conversion in Colorado. This article will provide a detailed description of Colorado instructions given to juries to determine when demand is not necessary in constituting conversion, using relevant keywords. 1. Definition of Conversion: Before providing instructions on when demand is not necessary, it is essential to explain the concept of conversion to the jury. This instruction should define conversion as the intentional interference with another person's property rights, resulting in significant deprivation or damage to the rightful owner. 2. Importance of Demand: The initial instruction should clarify the significance of demand in a conversion claim. Generally, demand refers to a formal request made by the owner to the alleged converter, demanding the return of the property or compensation for the harm caused. The jury should be informed that demand is a necessary element of conversion unless specific circumstances justify its absence. 3. Elements of Demandless Conversion: The instructions should provide the jury with a comprehensive list of situations in which demand is not necessary for constituting conversion. Relevant keywords to be included in this instruction are: a. Conversion through theft or robbery: If the defendant's act involves theft or robbery, where the owner is unlawfully deprived of their property, a specific demand may not be required to establish conversion. b. Conversion through trespass: If the defendant trespasses onto the owner's property and takes control over it without permission, a demand may be unnecessary to establish conversion. c. Conversion through unauthorized sale or disposal: If the defendant sells or disposes of the owner's property without consent, a demand might not be needed to prove conversion. d. Conversion through destruction or damage: If the defendant intentionally destroys or damages the owner's property, demand may not be necessary to establish conversion. e. Conversion through refusal to deliver property: If the defendant refuses to deliver the owner's property upon proper request or fails to return borrowed property, demand might not be required to prove conversion. 4. Additional Instructions: Depending on the specific circumstances of the case, there might be additional types of Colorado instructions to the jury as to when demand is not necessary in constituting conversion. These instructions may include: a. Conversion through fraudulent misrepresentation: If the defendant fraudulently misrepresents the ownership of the property or deceives others into believing they have the authority to control it, demand may not be required. b. Conversion involving entrusted property: In cases where the defendant has been entrusted with someone's property but then misappropriates or wrongfully uses it, demand may not be necessary to prove conversion. It is crucial to consult with legal professionals or refer to the Colorado Jury Instructions for the accurate formulation of the instructions based on the specific facts and laws applicable to a particular conversion case in Colorado.Colorado Instruction to Jury as to When Demand is not Necessary in Constituting Conversion One of the important legal concepts in Colorado is the requirement of demand in constituting conversion. Conversion refers to the wrongful exercise of control over someone else's property, depriving the owner of their rights and benefits in that property. However, there are situations in which a demand is not necessary to establish conversion in Colorado. This article will provide a detailed description of Colorado instructions given to juries to determine when demand is not necessary in constituting conversion, using relevant keywords. 1. Definition of Conversion: Before providing instructions on when demand is not necessary, it is essential to explain the concept of conversion to the jury. This instruction should define conversion as the intentional interference with another person's property rights, resulting in significant deprivation or damage to the rightful owner. 2. Importance of Demand: The initial instruction should clarify the significance of demand in a conversion claim. Generally, demand refers to a formal request made by the owner to the alleged converter, demanding the return of the property or compensation for the harm caused. The jury should be informed that demand is a necessary element of conversion unless specific circumstances justify its absence. 3. Elements of Demandless Conversion: The instructions should provide the jury with a comprehensive list of situations in which demand is not necessary for constituting conversion. Relevant keywords to be included in this instruction are: a. Conversion through theft or robbery: If the defendant's act involves theft or robbery, where the owner is unlawfully deprived of their property, a specific demand may not be required to establish conversion. b. Conversion through trespass: If the defendant trespasses onto the owner's property and takes control over it without permission, a demand may be unnecessary to establish conversion. c. Conversion through unauthorized sale or disposal: If the defendant sells or disposes of the owner's property without consent, a demand might not be needed to prove conversion. d. Conversion through destruction or damage: If the defendant intentionally destroys or damages the owner's property, demand may not be necessary to establish conversion. e. Conversion through refusal to deliver property: If the defendant refuses to deliver the owner's property upon proper request or fails to return borrowed property, demand might not be required to prove conversion. 4. Additional Instructions: Depending on the specific circumstances of the case, there might be additional types of Colorado instructions to the jury as to when demand is not necessary in constituting conversion. These instructions may include: a. Conversion through fraudulent misrepresentation: If the defendant fraudulently misrepresents the ownership of the property or deceives others into believing they have the authority to control it, demand may not be required. b. Conversion involving entrusted property: In cases where the defendant has been entrusted with someone's property but then misappropriates or wrongfully uses it, demand may not be necessary to prove conversion. It is crucial to consult with legal professionals or refer to the Colorado Jury Instructions for the accurate formulation of the instructions based on the specific facts and laws applicable to a particular conversion case in Colorado.
