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.
Keywords: Louisiana, Instruction to Jury, Demand for and Refusal of Possession, Prima Facie Evidence, Conversion Description: In Louisiana, the Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion is a crucial legal doctrine that helps determine whether an act of conversion has occurred. Conversion refers to the wrongful exercise of ownership or control over someone else's property. When a plaintiff claims that their property has been converted, one of the key elements to establish this claim is the demand for possession and the subsequent refusal by the defendant. This specific Instruction to Jury serves as a guideline for the jury during a trial, explaining that if the plaintiff can prove they made a legal demand for their property and the defendant refused to return it, it constitutes prima facie evidence of conversion. Prima facie evidence, meaning "on first appearance," suggests that based on the established facts, there is a strong presumption that conversion did occur. However, it should be noted that the specific language and variations of this Instruction to Jury may vary depending on the particular circumstances of the case. While the basic concept remains the same, the court may modify the instruction to suit the specific elements and evidence presented. One variation of this instruction could address situations where there is a dispute or ambiguity regarding the ownership or right to possess the property. In such cases, the instruction may emphasize the importance of the plaintiff's lawful claim and the defendant's refusal to return the property under those circumstances. The instruction may further instruct the jury to consider any evidence or arguments presented by the defendant to challenge the plaintiff's demand or disputing the ownership of the property. Another variation might pertain to cases involving stolen property. The instruction may highlight that the demand for possession by the rightful owner, combined with the defendant's refusal to return the stolen property, can serve as strong evidence of conversion. Overall, the Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion in Louisiana is designed to guide the jury in properly considering the evidence and determining whether the defendant is responsible for the act of conversion. By emphasizing the significance of a lawful demand for possession and the defendant's refusal, this instruction helps ensure a fair and just trial in cases involving alleged conversion in Louisiana.Keywords: Louisiana, Instruction to Jury, Demand for and Refusal of Possession, Prima Facie Evidence, Conversion Description: In Louisiana, the Instruction to Jury that Demand for and Refusal of Possession is Prima Facie Evidence of Conversion is a crucial legal doctrine that helps determine whether an act of conversion has occurred. Conversion refers to the wrongful exercise of ownership or control over someone else's property. When a plaintiff claims that their property has been converted, one of the key elements to establish this claim is the demand for possession and the subsequent refusal by the defendant. This specific Instruction to Jury serves as a guideline for the jury during a trial, explaining that if the plaintiff can prove they made a legal demand for their property and the defendant refused to return it, it constitutes prima facie evidence of conversion. Prima facie evidence, meaning "on first appearance," suggests that based on the established facts, there is a strong presumption that conversion did occur. However, it should be noted that the specific language and variations of this Instruction to Jury may vary depending on the particular circumstances of the case. While the basic concept remains the same, the court may modify the instruction to suit the specific elements and evidence presented. One variation of this instruction could address situations where there is a dispute or ambiguity regarding the ownership or right to possess the property. In such cases, the instruction may emphasize the importance of the plaintiff's lawful claim and the defendant's refusal to return the property under those circumstances. The instruction may further instruct the jury to consider any evidence or arguments presented by the defendant to challenge the plaintiff's demand or disputing the ownership of the property. Another variation might pertain to cases involving stolen property. The instruction may highlight that the demand for possession by the rightful owner, combined with the defendant's refusal to return the stolen property, can serve as strong evidence of conversion. Overall, the Instruction to Jury that Demand for and Refusal of Possession is Prime Facial Evidence of Conversion in Louisiana is designed to guide the jury in properly considering the evidence and determining whether the defendant is responsible for the act of conversion. By emphasizing the significance of a lawful demand for possession and the defendant's refusal, this instruction helps ensure a fair and just trial in cases involving alleged conversion in Louisiana.
