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Simple English definitions for legal terms

civil forfeiture

Read a random definition: Courts and court officers - State statutes

A quick definition of civil forfeiture:

Civil forfeiture is when the government takes away someone's property if they believe it was involved in a crime or illegal activity, even if the owner was not arrested or convicted of a crime. The government does not have to prove that the owner did anything wrong, but the owner has to prove that their property was not involved in any illegal activity. This process is done against the property itself, not the owner. Some people think it's a good way to stop criminals, but others think it's unfair and can lead to abuse of power by the government.

A more thorough explanation:

Civil forfeiture is a legal process that allows the government, usually the police, to take and keep or sell any property that is believed to be involved in a crime or illegal activity. The owner of the property does not need to be arrested or convicted of a crime for their property to be taken away permanently by the government.

For example, if the police suspect that a car was used to transport drugs, they can seize the car even if the owner was not arrested or convicted of a crime. The burden of proof then shifts to the owner, who must prove that the car was not involved in any illegal activity.

Civil forfeiture is controversial because it is seen as an unconstitutional exercise of government power. Critics argue that innocent owners can become entangled in the process and are presumed guilty instead of being presumed innocent. Critics also argue that the incentives lead to corruption and law enforcement misbehavior and abuse.

The Supreme Court has addressed the constitutional implications of civil forfeiture in several cases. In 1993, the U.S. Supreme Court ruled in Austin v. United States that a forfeiture could be considered an excessive fine in violation of the Eighth Amendment but declined to establish a multi-factor test to determine whether a forfeiture is constitutionally excessive. Otherwise, the ruling upheld civil forfeiture as a practice, within undefined limits.

Civil forfeiture is codified in 18 U.S.C. §§ 981, 983, 984, and 985, as well as in 21 U.S.C. § 881.

Overall, civil forfeiture is a legal process that allows the government to seize property that is believed to be involved in a crime or illegal activity. While it is seen as an effective tool against criminal organizations, it is also controversial and has been criticized as an unconstitutional exercise of government power.

civil code | civil law

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NosyBeagle
19:28
Do tell
i had to drop out of a grad program but i explained it in my gpa addendum bc it was the same underlying event causing both
i was also named in a civil lawsuit that got dismissed but only one school asked about it
sorry probably not helpful
ParallelAgreeableOrangutan
19:58
idk what the situations are, but you absolutely should write about them if the school asks about them—the only time you should be asking *whether* to write one is when you're not sure whether your situation qualifies as what they're asking about
ParallelAgreeableOrangutan
19:59
better question is usually *how* to write about them
ParallelAgreeableOrangutan
20:00
I had to write about write
ParallelAgreeableOrangutan
20:01
... write-ups at work (petty, and they were removed from my file after a year, but even so the app asked so I wrote)
NosyBeagle
20:05
Ah it cancelled out my msg cus I switched tabs. But I’ll just tell you guys cus I get mixed answers: a) accused of cheating on a calc exam freshman year but was cleared of wrongdoing, b) sent to the hospital senior year because I go too drunk
ParallelAgreeableOrangutan
20:12
Seems like you'd need to write about A because it went through a formal process, but it shouldn't hurt you if you explain it straightforwardly and explain you were cleared (just don't be weirdly salty about it like you're holding a grudge)
ParallelAgreeableOrangutan
20:12
Re B, did this involve school in any way? Is there an app that has a C&F question that you think this applies to?
ParallelAgreeableOrangutan
20:13
Maybe you're not deep enough into the process to know this—each school has its own unique set of C&F questions, so you should disclose exactly what they ask about, no more, no less
NosyBeagle
20:14
OH
NosyBeagle
20:14
Ok why did I think it was just gonna be one type of q for all. My bad folks. Ignore my info dump
ParallelAgreeableOrangutan
20:16
No worries! Frankly I think it's wild that applications have weird hidden quirks that you don't know about until you're actually logged into LSAC working through the app. There's some info you can find about the oddball/unique questions you'll find on specific apps, so you might want to look for that for schools you're going to apply to
ParallelAgreeableOrangutan
20:17
Like on various consultants' blogs, reddit, etc
NosyBeagle
20:17
🫡 thank you good sir or ma’am or bam
ParallelAgreeableOrangutan
20:17
Ooh can I be a bam
NosyBeagle
20:39
You may
20:45
ima write my personal statement about being fired and how that made me want to do law but it would be funny if I also had to write an addendum about it
20:45
turns out defense companies don’t like it when you question the war machine 🙏
20:46
“What are your opinions on Edward Snowden” - my boss
ParallelAgreeableOrangutan
21:02
I wrote optional essays about a situation that affected my undergrad performance. For any school that required an "education gap addendum" I was basically like "pls see my optional essay"
ParallelAgreeableOrangutan
21:02
¯⁠\⁠_⁠(⁠ツ⁠)⁠_⁠/⁠¯
NosyBeagle
21:12
did they accept that?
NosyBeagle
21:12
that reminds me of filling out job apps and they want you to type out your resume in a text box. like huh??? open the pdf, idiots
ParallelAgreeableOrangutan
21:18
I mean I was nicer about it—I'd put a couple of sentences explaining it super lo-res, and then I said something like "I speak to this situation in detail in my optional essay."
ParallelAgreeableOrangutan
21:20
They don't send your application back to you and tell you to redo an addendum if they don't like it, so the only way to know whether they "accepted" it, as it were, is admissions results
Bettercaulsaul
22:28
Helpful video I found https://youtu.be/2ZVrX6DTSKU?si=KsZeWbF4_fJuqKl5
23:17
who up lsdin they law
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