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.
Illinois Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion is a legal instruction provided to jurors in Illinois courts when dealing with conversion cases. In these cases, conversion refers to the unauthorized assumption and exercise of control over another person's personal property, denying them their rightful possession. This instruction serves to inform the jury that when a plaintiff demands the return of their property from the defendant, and the defendant wrongfully refuses to comply with the demand, it can be considered prima facie evidence of conversion. Prima facie evidence means that it creates a presumption of conversion, which can be rebutted by the defendant presenting evidence to the contrary. Keywords: Illinois, instruction to jury, demand for possession, refusal of possession, prima facie evidence, conversion, unauthorized assumption, exercise of control, personal property, rightful possession, presumption, rebuttal evidence. Different Types of Illinois Instructions to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion: 1. Illinois Pattern Jury Instruction (Civil): This is a standardized instruction developed by the Illinois Supreme Court Committee on Jury Instructions in Civil Cases. It provides a general guideline for judges to instruct jurors on the legal principle that demand for possession and subsequent refusal can be considered evidence of conversion. 2. Criminal Conversion Instruction: In cases where the conversion involves criminal charges, the instruction may differ slightly to address the specific elements and requirements of proving criminal conversion. It may include additional elements such as intent and knowledge of the defendant's actions. 3. Specific Industries Instruction: Depending on the context of the conversion case, there may be specialized instructions tailored for specific industries. For example, instructions for conversion cases involving intellectual property, real estate, or financial assets, which may have unique legal considerations and requirements. 4. Supreme Court Approved Variations: Over time, the Illinois Supreme Court may approve variations or updates to the standard instruction, taking into account changes in legal precedent or emerging issues related to conversion cases. These variations aim to ensure that the jury instructions accurately reflect the most current legal standards and principles. Overall, the Illinois Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion ensures that the jury understands the significance of a demand for possession and subsequent refusal as evidence in a conversion case. It provides a framework for jurors to evaluate the evidence presented and determine whether the conversion claim has been substantiated.Illinois Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion is a legal instruction provided to jurors in Illinois courts when dealing with conversion cases. In these cases, conversion refers to the unauthorized assumption and exercise of control over another person's personal property, denying them their rightful possession. This instruction serves to inform the jury that when a plaintiff demands the return of their property from the defendant, and the defendant wrongfully refuses to comply with the demand, it can be considered prima facie evidence of conversion. Prima facie evidence means that it creates a presumption of conversion, which can be rebutted by the defendant presenting evidence to the contrary. Keywords: Illinois, instruction to jury, demand for possession, refusal of possession, prima facie evidence, conversion, unauthorized assumption, exercise of control, personal property, rightful possession, presumption, rebuttal evidence. Different Types of Illinois Instructions to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion: 1. Illinois Pattern Jury Instruction (Civil): This is a standardized instruction developed by the Illinois Supreme Court Committee on Jury Instructions in Civil Cases. It provides a general guideline for judges to instruct jurors on the legal principle that demand for possession and subsequent refusal can be considered evidence of conversion. 2. Criminal Conversion Instruction: In cases where the conversion involves criminal charges, the instruction may differ slightly to address the specific elements and requirements of proving criminal conversion. It may include additional elements such as intent and knowledge of the defendant's actions. 3. Specific Industries Instruction: Depending on the context of the conversion case, there may be specialized instructions tailored for specific industries. For example, instructions for conversion cases involving intellectual property, real estate, or financial assets, which may have unique legal considerations and requirements. 4. Supreme Court Approved Variations: Over time, the Illinois Supreme Court may approve variations or updates to the standard instruction, taking into account changes in legal precedent or emerging issues related to conversion cases. These variations aim to ensure that the jury instructions accurately reflect the most current legal standards and principles. Overall, the Illinois Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion ensures that the jury understands the significance of a demand for possession and subsequent refusal as evidence in a conversion case. It provides a framework for jurors to evaluate the evidence presented and determine whether the conversion claim has been substantiated.
