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.
Minnesota Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is a legal instruction that explains the circumstances under which a demand is not required to establish a claim of conversion in the state of Minnesota. Conversion refers to the act of wrongfully taking, using, or interfering with someone else's property, depriving them of its possession or rightful use. In Minnesota, there are specific situations where a demand for the return of the property from the alleged converter is not necessary to establish a claim. These situations can be classified into two main types of instructions given to the jury: 1. Conversion without Demand: This instruction explains that for certain categories of property, a demand is not required as a prerequisite to filing a claim for conversion. This typically includes tangible property or goods under the defendant's possession, which the plaintiff can prove as lawfully belonging to them. The instruction clarifies that if the defendant exercises control over the property in a manner inconsistent with the plaintiff's rights, no demand is necessary, and the plaintiff may proceed with their claim. 2. Conversion after Denial of Ownership: This instruction covers cases where the alleged converter denies the plaintiff's ownership or right to possess the property in question. If the defendant, after the denial, still exercises control over the property, a demand is not necessary to prove conversion. The instruction explains that the denial of ownership combined with the continued control over the property is sufficient for the jury to find the defendant liable for conversion. The purpose of Minnesota Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is to guide the jury in understanding the legal requirements for establishing a claim of conversion and to determine whether a demand for the return of property was necessary in a given case. It provides clarity on when a demand is not required, ensuring that rightful property owners can seek legal recourse without additional burdens and delays caused by having to make a demand.
