Forfeiture Law Flashcards
1
Q
real property:
A
- non moveable objects like HOUSES, BUSINESS, LAND
2
Q
personal property:
A
- moveable objects like CARS, BOATS, FURNITURE
3
Q
title:
A
- evidence of ownership
4
Q
legal title:
A
- right of ownership RECOGNIZED BY LAW
- ex: when person buys car in full, he gets “car title”
5
Q
equitable title:
A
- right to acquire legal title under certain circumstances
- ex: when you buy a car through bank, bank has equitable title
6
Q
when a crime is committed at the border and the government seizes that car, what kind of title does the govt have initially?
A
- equitable title
7
Q
def of forfeiture:
A
- the process by which the govt converts EQUITABLE TITLE to LEGAL TITLE in that property.
8
Q
what is the forfeiture statute?
A
- 21 USC 881
9
Q
in REM:
A
- civil forfeiture
- of the “thing”: boat, car, plane
10
Q
in PERSONAM:
A
- criminal forfeiture
- against the person
11
Q
in order to acquire legal title in property, the government must first get a _______ for the underlying crime.
A
- conviction
12
Q
judicial forfeiture:
A
- court decides whether property is forfeited
13
Q
non judicial forfeiture:
A
- agency decides whether property should be forfeited to govt.
14
Q
another name for non judicial forfeiture is _________
A
- admin forfeiture
15
Q
aviation smuggling
A
- prohibits the transportation of prohibited or restricted merchandise for the purpose of unlawful introduction into the US.
