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.
Iowa Jury Instruction on Demand for and Refusal of Possession as Prima Facie Evidence of Conversion: In the state of Iowa, the instruction to a jury regarding the demand for and refusal of possession as prima facie evidence of conversion is an important aspect of legal proceedings. The instruction highlights the weight that can be placed on a defendant's refusal to return property when demanded by the rightful owner. This instruction helps guide the jury in understanding the elements of conversion, which is the act of wrongfully exercising control over another person's property. When a demand for possession is made by the rightful owner, the refusal by the defendant to return the property can be considered prima facie evidence of conversion. This means that it is considered sufficient evidence to establish a presumption of guilt for the defendant. However, it is important to note that this instruction does not automatically prove conversion beyond a reasonable doubt, but rather serves as a prima facie basis for the jury's deliberations. Different types of Iowa Jury Instructions that discuss demand for and refusal of possession as prima facie evidence of conversion include: 1. Iowa Instruction to Jury — Demand for and Refusal of Possession in Tangible Property Conversion: This instruction specifically focuses on cases where there is a dispute over tangible property, such as personal belongings, vehicles, or real estate. It emphasizes the importance of a demand for possession and the refusal to return the tangible property. 2. Iowa Instruction to Jury — Demand for and Refusal of Possession in Intellectual Property Conversion: This instruction is relevant in cases involving the conversion of intellectual property, such as copyrights, patents, or trade secrets. It addresses the unique aspects of intellectual property rights and how the refusal to return or surrender such property can be considered as prima facie evidence of conversion. 3. Iowa Instruction to Jury — Demand for and Refusal of Possession in Financial Asset Conversion: When financial assets, such as money, stocks, or bonds, are wrongfully controlled or not returned upon demand, this instruction comes into play. It clarifies the significance of demand and refusal in cases where intangible financial assets are the subject of the conversion claim. It is crucial for the jury to carefully consider the evidence presented, including the demand for possession, the defendant's refusal, and any additional relevant factors, before arriving at a verdict regarding the allegation of conversion. Compliance with the Iowa Instruction to Jury ensures a fair assessment of the evidence and a just resolution in cases involving the demand for and refusal of possession as prima facie evidence of conversion.
