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.
Texas Instruction to Jury as to Evidence of Conversion is a significant component of the legal system that provides guidance and direction to a jury when considering evidence related to conversion cases. Conversion refers to the unauthorized and wrongful exercise of control over another individual's personal or real property, denying the owner's rights and interests in the process. The instruction assists the jury in understanding the essential elements of conversion, the burden of proof required, and the standard of evidence necessary to establish it. By explicitly defining conversion, the instruction aims to ensure a fair and just decision-making process. Texas Instruction to Jury as to Evidence of Conversion encompasses various types, which serve specific purposes and focus on distinct aspects of this legal concept. 1. TPI — 105.— - Conversion: Unauthorized Exercise of Control: This instruction outlines the definition of conversion and establishes that an unauthorized exercise of control over the property of another person constitutes a conversion. It highlights the requirement of demonstrating the defendant's deliberate or intentional act to permanently deprive the owner of their property or to use it in a manner inconsistent with the owner's rights. 2. TPI — 105.— - Good Faith Claim of Right: This instruction addresses circumstances in which a defendant may assert a good faith claim of right as a defense against a claim of conversion. It emphasizes that a legitimate belief in ownership or a right to possess the property, even if mistaken, can mitigate or, in some cases, eliminate liability for conversion. 3. TPI — 105.— - Value and Damages: This instruction provides guidance on determining the value of the converted property and the potential damages suffered by the owner. It directs the jury to consider factors such as the fair market value at the time of conversion, replacement costs, loss of use, emotional distress, and any other relevant evidence when determining the amount of damages to be awarded. 4. TPI — 105.— - Conversion vs. Trespass: This instruction differentiates conversion from trespass, clarifying that conversion involves the substantial interference with the owner's dominion and control over the property, whereas trespass may only involve the unauthorized physical presence on the property. 5. TPI — 105.— - Affirmative Defenses: This instruction discusses various affirmative defenses that a defendant may raise against a claim of conversion. It educates the jury on recognizing and evaluating defenses such as consent, mistake, necessity, statute of limitations, or the rightful possession of property under an agreement or contract. These instructions collectively offer comprehensive guidance to the jury concerning the examination, evaluation, and consideration of evidence pertaining to conversion cases within Texas courts. By equipping the jury with a clear understanding of key legal principles and elements, these instructions contribute to promoting fair and unbiased verdicts.
