what is a forfeiture claim?
- 1 decade agoFavorite Answer
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.
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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.
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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.
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