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Innocent Owner Defense
An innocent owner defense is a concept in United States law providing for an affirmative defense that applies when an owner claims innocence of a crime and so the property should not be forfeited. It is defined in section 983(d) of title 18 of the United States Code () and is part of the Code that defines Asset forfeiture, forfeiture laws and more specifically the general rules for civil forfeiture proceedings. It states that the "claimant shall have the Legal burden of proof, burden of proving that the claimant is an innocent owner by a preponderance of the evidence.https://gould.usc.edu/students/journals/rlsj/issues/assets/docs/19.3_Wilson.pdf ''United States v. Liberty Avenue'' is a case in which the innocent owner defense was used. It can be claimed when the owner can prove that he had no knowledge of illegal activity or had not consented to the illegal activity. Many property owners choosing to assert the innocent owner defense are burdened by inconsistent judicial interp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Innocence
Innocence is a lack of guilt, with respect to any kind of crime, or wrongdoing. In a legal context, innocence is to the lack of legal guilt of an individual, with respect to a crime. In other contexts, it is a lack of experience. In relation to knowledge Innocence can imply lesser experience in either a relative view to social peers, or by an absolute comparison to a more common normative scale. In contrast to ''ignorance'', it is generally viewed as a positive term, connoting an optimistic view of the world, in particular one where the lack of knowledge stems from a lack of wrongdoing, whereas greater knowledge comes from doing wrong. Subjects such as crime and sexuality may be especially considered. This connotation may be connected with a popular false etymology explaining "innocent" as meaning "not knowing" (Latin ''noscere'' (To know, learn)). The actual etymology is from general negation prefix ''in-'' and the Latin ''nocere'', "to harm". People who lack the mental cap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Code
In the law of the United States, the Code of Laws of the United States of America (variously abbreviated to Code of Laws of the United States, United States Code, U.S. Code, U.S.C., or USC) is the official compilation and codification of the general and permanent federal statutes. It contains 53 titles (Titles 1–54, excepting Title 53, which is reserved for a proposed title on small business). The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually.About United States Code Gpo.gov. Retrieved on 2013-07-19. The official version of these laws appears in the '' United States Stat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Asset Forfeiture
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This applies, but is not limited, to terrorist activities, drug-related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term "confiscation" instead of forfeiture. The alleged purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization. Civil and criminal law Legal systems distinguish between criminal and civil proceedings. Criminal prosecutions regulate crimes against society as a whole or against the government. Penalties for conviction of a violation of a criminal law typically include being sent to prison, jail or some other form of incarceration. Civil litigation involves disputes either betwe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Claimant
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Burden Of Proof
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Preponderance Of The Evidence
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party had no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to prove their case, the claim will be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bennis V
Bennis is a surname. Notable people with the surname include: * Ahmed Bennis (1914–2009), Moroccan chess master *Edward Bennis, the head football coach for the Villanova University Wildcats football team in 1916 * Elizabeth Bennis (1725–1802), an Irish Methodist activist and diarist *Mohammed Bennis, Moroccan poet and one of the most important poets of Modern Arabic Poetry *Phil Bennis (born 1942), retired Irish hurling manager and former player *Phyllis Bennis (born 1951), American writer and activist *Richie Bennis (born 1945), retired Irish hurling manager and former player * Susan Bennis, shoe designer and co-founder of the Susan Dennis/Warren Edwards brand *Warren Bennis (born 1925), American scholar, organizational consultant and author, and pioneer of Leadership studies See also * Benni, a given name and surname *''Bennis v. Michigan ''Bennis v. Michigan'', 516 U.S. 442 (1996), was a decision by the United States Supreme Court, which held that the innocent owner defense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
