what is a forfeiture claim?

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  • 1 decade ago
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    The involuntary relinquishment of money or property without compensation as a consequence of a breach or nonperformance of some legal obligation or the commission of a crime. The loss of a corporate charter or franchise as a result of illegality, malfeasance, or Nonfeasance. The surrender by an owner of his or her entire interest in real property, mandated by law as a punishment for illegal conduct or Negligence. Under old English Law, the release of land by a tenant to the tenant's lord due to some breach of conduct, or the loss of goods or chattels (articles of Personal Property) assessed as a penalty against the perpetrator of some crime or offense and as a recompense to the injured party.

    Forfeiture is a broad term that can be used to describe any loss of property without compensation. A forfeiture may be privately arranged. For example, in a contractual relationship, one party may be required to forfeit specified property if the party fails to fulfill its contractual obligations. Courts are often called upon to resolve disputes regarding a forfeiture of property pursuant to a private contract. They may examine these cases to see whether they are fair and not the result of duress, deception, or other nefarious tactics.

    Further readings

    Aznavoorian, Vartan. 1995. "Using Racketeering Laws to Control Obscenity: Alexander v. United States and the Perversion of RICO." Boston College Law Review 36.

    Campbell, Christopher Zemp. 1995. "Excessive Means: Applying the Eight Amendment to Civil In Rem Forfeitures under United States v. Chandler." North Carolina Law Review 73.

    Henry, Sarah. 1994. "The Thin Green Line." California Law 46 (September 14).

    Hyde, Henry. 1995. Forfeiting Our Property Rights: Is Your Property Safe from Seizure? Washington, D.C.: Cato Institute.

    Lieske, Robert. 1995. "Civil Forfeiture Law: Replacing the Common Law with a Common Sense Application of the Excessive Fines Clause of the Eighth Amendment." William Mitchell Law Review 21.

    Nelson, Scott Alexander. 1994. "The Supreme Court Takes a Weapon from the Drug War Arsenal: New Defenses to Civil Drug Forfeiture." St. Mary's Law Journal 26.

    Zarkowsky, Aaron. 1995. "The RICO Threat to Artistic Freedoms: An Indirect Consequence of the Anti-Pornography Crusade?" DePaul-LCA Journal of Art and Entertainment Law 5.

  • dayan
    Lv 4
    4 years ago

    What Is A Forfeiture

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