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.
Wake North Carolina Instruction to Jury as to the Definition of Conversion is a legal instruction provided to the jury in a court trial held in Wake County, North Carolina. This instruction specifically focuses on the concept of conversion, which is an important legal term used to determine liability for converting someone else's property without consent. Conversion is generally defined as the act of wrongfully taking, exercising control over, or using another person's property without their permission. It involves interfering with the owner's right to possess and enjoy their personal property. The instruction to the jury aims to provide them with a clear understanding of the elements and requirements that must be met in order to establish a claim for conversion. The Wake North Carolina Instruction to Jury as to the Definition of Conversion typically includes the following key points: 1. Explanation of Conversion: The instruction starts with a brief overview of conversion, emphasizing that it is a civil wrong that may lead to the awarding of damages to the plaintiff. It explains how conversion occurs, which is through an intentional act that interferes with another person's property rights. 2. Elements of Conversion: The instruction identifies the essential elements that must be proven to establish a claim of conversion. These elements usually include: a. Ownership or Right to Possession: The plaintiff must have a lawful ownership interest or a rightful possessor interest in the property. b. Act of Conversion: The defendant must have performed an act that substantially interfered with the plaintiff's ownership or possession rights in the property. c. Intent: The defendant must have intended to exercise control over the property or use it in a manner inconsistent with the plaintiff's rights. d. Damages: The plaintiff must have suffered actual damages as a result of the conversion. This may include loss of the property's value or loss of use. 3. Burden of Proof: The instruction clarifies that the burden of proving the elements of conversion rests on the plaintiff. They must provide sufficient evidence to convince the jury that a conversion has occurred. 4. Types of Conversion: While not directly mentioned in the instruction itself, it is worth noting that there can be different types of conversion cases. These could include conversion of tangible personal property (such as a car or jewelry), conversion of intangible property (such as intellectual property), or even conversion involving real estate. The Wake North Carolina Instruction to Jury as to the Definition of Conversion aims to guide the jury in understanding the legal principle of conversion and assists them in rendering an informed verdict based on the evidence presented during the trial. It is important for the instruction to be crafted carefully, ensuring it is concise, comprehensive, and relevant to the specific case at hand.
