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.
New Mexico Instruction to Jury as to When Demand is not Necessary in Constituting Conversion: In New Mexico, when a plaintiff alleges conversion, the court may instruct the jury on when a demand is not necessary to establish the claim. Conversion refers to the unauthorized and wrongful use, possession, or disposal of someone else's property. 1. Definition of Conversion: The instruction starts by defining conversion as the exercise of control over another person's property, which is inconsistent with the owner's rights. It may include actions such as destroying, selling, or altering the property without the owner's permission. 2. Elements of Conversion: The instruction outlines the essential elements that the plaintiff must prove to establish conversion. These typically include the ownership or right to possess the property, the defendant's intentional interference, and the resulting damages suffered by the plaintiff. 3. Demand Requirement: Under certain circumstances, the court may inform the jury that a demand is not necessary before a plaintiff can assert a claim for conversion. The instruction may explain the situations when a demand is unnecessary, such as: — Defendant's Denial of Ownership: If the defendant denies being in possession of the property, a demand is not necessary as it would be futile to request the return of property from someone who does not acknowledge having it. — Wrongdoer's Disposition: When the defendant disposes of the property in a manner inconsistent with the owner's rights, without permission or proper authority, a demand is not required. — Conversion with Intention to Deprive: If the defendant's actions demonstrate an intent to permanently deprive the owner of the property, the instruction can guide the jury that a demand is unnecessary to establish conversion. 4. Preservation of Evidence: The instruction may also emphasize the importance of preserving evidence related to the conversion claim. It may advise the jury that the plaintiff must have taken reasonable steps to preserve evidence of the defendant's conversion, such as photographs, receipts, or witness statements. It is important to note that the specific instructions given to the jury may vary depending on the facts and circumstances of each case. The court provides these instructions to clarify the legal principles surrounding conversion and to guide the jury in reaching a fair and just verdict. Overall, the New Mexico Instruction to Jury as to When Demand is not Necessary in Constituting Conversion helps ensure that jurors understand the legal requirements for establishing a conversion claim without the need for a demand in certain situations.
