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.
Georgia Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion is a legal principle applied in cases involving allegations of conversion in the state of Georgia. Conversion refers to the wrongful exercise of control over another person's property, depriving them of their rights. This specific instruction to the jury is aimed at establishing a presumption of conversion based on the demand for possession and the subsequent refusal by the defendant. It provides guidance to the jury on considering the defendant's actions as evidence of conversion, unless the defendant can justify or explain the refusal lawfully. Keywords: Georgia, instruction to jury, demand for possession, refusal, prima facie evidence, conversion. Different types of Georgia Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion may include: 1. Georgia Instruction to Jury — Demand for Possession and Refusal: This instruction specifically focuses on the demand for possession made by the plaintiff and the defendant's refusal to comply with the demand. It explains that such actions can be considered prima facie evidence of conversion, putting the burden on the defendant to provide a lawful explanation. 2. Georgia Instruction to Jury — Conversion Presumption: This instruction emphasizes the legal presumption that arises when a demand for possession is made and the defendant refuses. It explains to the jury the significance of considering the defendant's refusal as evidence of conversion and the impact it can have on the burden of proof. 3. Georgia Instruction to Jury — Lawful Justification for Refusal: This instruction provides guidelines to the jury on assessing the defendant's potential justifications for refusing a demand for possession. It may outline various lawful reasons for refusal, such as a bona fide belief of rightful ownership or a valid dispute over property ownership. It reminds the jury that a lawful justification can rebut the presumption of conversion. 4. Georgia Instruction to Jury — Weighing the Evidence: This instruction discusses the importance of carefully evaluating all the evidence, including the demand for possession and the refusal, alongside any justifications provided by the defendant. It advises the jury to consider the actions and intentions of the parties involved when deciding whether conversion has occurred. Overall, these instructions aim to assist the jury in understanding the legal implications of a demand for possession and refusal in conversion cases and guide them in making an informed decision based on the facts and evidence presented.
