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.
Rhode Island jury instructions provide guidance to jurors on various aspects of a trial, including the determination of a conversion claim. One important instruction is the recognition that a demand for possession and subsequent refusal can be prima facie evidence of conversion. This instruction helps jurors understand the legal standard that demands an accused party to deliver or return property that rightfully belongs to another. In Rhode Island, there might not be different types of instructions pertaining specifically to the demand for and refusal of possession being prima facie evidence of conversion. However, the state's jury instructions generally consist of multiple variations depending on the specific context and facts of each case. When considering a claim of conversion, the instruction related to demand for and refusal of possession as prima facie evidence could be summarized as follows: Instruction 1: Demand for and Refusal of Possession as Prima Facie Evidence of Conversion In a civil case involving an allegation of conversion, the jury should be instructed that if the plaintiff proves, by a preponderance of the evidence, the following elements: (1) rightful ownership of the property by the plaintiff; (2) a demand for possession made by the plaintiff; and (3) a subsequent refusal by the defendant to deliver or return the property, then the demand for and refusal of possession constitutes prima facie evidence of conversion. This means that if these elements are established, the burden of proof then shifts to the defendant to demonstrate a lawful justification for their actions. The above instruction, often used in Rhode Island's civil cases, underlines the importance of a genuine demand for possession by the rightful owner, followed by a refusal by the accused party. It emphasizes that, when these elements are proven, the law presumes a conversion has occurred. It is essential for jurors to understand that the accused party may present evidence to dispute this presumption. Furthermore, it should be noted that these instructions are provided to serve as a general overview and may vary depending on the specific circumstances and facts of an individual case. In any legal matter, it is vital to consult the relevant, up-to-date Rhode Island statutes, case law, and official jury instructions to obtain accurate and complete information.
