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.
North Dakota Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is a legal guideline provided to juries in North Dakota to assist them in understanding the circumstances under which a demand is not necessary to establish conversion. Conversion refers to the act of wrongfully depriving someone of their personal property, which could include taking, destroying, or interfering with the use of the property without the owner's consent. This instruction aims to ensure that juries have clarity when dealing with conversion cases and avoid any confusion regarding the requirement of making a demand before concluding that a conversion has occurred. When certain situations exist, the law recognizes that making a demand is unnecessary or impractical, and the jury needs to be informed about those exceptions. Types of North Dakota Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: 1. Instruction for Clearly Abandoned Property: This type of instruction helps juries understand that if property has been clearly abandoned by the owner, a demand is not necessary to establish conversion. If the property shows clear signs of being discarded or abandoned, the person in possession cannot rely on a lack of demand as a defense against a conversion claim. 2. Instruction for Fugitive Chattels: Fugitive chattels refer to personal property that is in constant motion, such as wild animals, birds, or fish. In such cases, this instruction explains to juries that a demand is not required before concluding a conversion because the nature of the property does not allow for a practical demand. 3. Instruction for Reasonable Excuse: This type of instruction informs juries that if the defendant had a reasonable excuse for not making a demand before the alleged conversion, it may be considered as a valid defense. The instruction will specify what constitutes a reasonable excuse, such as emergency situations or imminent danger to the property. 4. Instruction for Known Hostile Adversary: In some cases, when the defendant is already aware that the owner would not consent to the interference with their property, making a demand becomes unnecessary. This instruction guides juries to consider situations where the relationship between the parties is adversarial or when the defendant had known the owner's objections in similar past circumstances. These different types of North Dakota Instruction to Jury as to When Demand is not Necessary in Constituting Conversion provide juries with the necessary knowledge and guidelines to assess conversion cases accurately. It helps them determine when a demand is not required before concluding that a wrongful deprivation of personal property has occurred.North Dakota Instruction to Jury as to When Demand is not Necessary in Constituting Conversion is a legal guideline provided to juries in North Dakota to assist them in understanding the circumstances under which a demand is not necessary to establish conversion. Conversion refers to the act of wrongfully depriving someone of their personal property, which could include taking, destroying, or interfering with the use of the property without the owner's consent. This instruction aims to ensure that juries have clarity when dealing with conversion cases and avoid any confusion regarding the requirement of making a demand before concluding that a conversion has occurred. When certain situations exist, the law recognizes that making a demand is unnecessary or impractical, and the jury needs to be informed about those exceptions. Types of North Dakota Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: 1. Instruction for Clearly Abandoned Property: This type of instruction helps juries understand that if property has been clearly abandoned by the owner, a demand is not necessary to establish conversion. If the property shows clear signs of being discarded or abandoned, the person in possession cannot rely on a lack of demand as a defense against a conversion claim. 2. Instruction for Fugitive Chattels: Fugitive chattels refer to personal property that is in constant motion, such as wild animals, birds, or fish. In such cases, this instruction explains to juries that a demand is not required before concluding a conversion because the nature of the property does not allow for a practical demand. 3. Instruction for Reasonable Excuse: This type of instruction informs juries that if the defendant had a reasonable excuse for not making a demand before the alleged conversion, it may be considered as a valid defense. The instruction will specify what constitutes a reasonable excuse, such as emergency situations or imminent danger to the property. 4. Instruction for Known Hostile Adversary: In some cases, when the defendant is already aware that the owner would not consent to the interference with their property, making a demand becomes unnecessary. This instruction guides juries to consider situations where the relationship between the parties is adversarial or when the defendant had known the owner's objections in similar past circumstances. These different types of North Dakota Instruction to Jury as to When Demand is not Necessary in Constituting Conversion provide juries with the necessary knowledge and guidelines to assess conversion cases accurately. It helps them determine when a demand is not required before concluding that a wrongful deprivation of personal property has occurred.
