Due Process and Prejudgment Replevin

These flashcards cover key legal concepts discussed in the lecture notes, focusing on prejudgment replevin and due process.

Replevin

A legal action for recovering personal property unlawfully taken or detained.

Due Process Clause

A clause in the Fourteenth Amendment that prohibits the state from depriving any person of life, liberty, or property without due process of law.

Ex parte

A legal proceeding brought by one person in the absence of and without representation or notification of other parties.

Conditional Sales Contract

A contract under which the seller retains ownership of the property until the buyer fulfills the sales agreement.

Summary seizure

The act of seizing property without a prior hearing or notice to the possessor.

Writ of Replevin

A court order to recover goods that have been wrongfully taken or detained.

Notice

Information or notification given to a party to inform them of an action affecting their rights.

Meaningful hearing

An opportunity for a party to present their case in a fair and adequate manner before a decision is made.

Prejudgment seizure

The act of seizing assets before a judgment is rendered in an underlying claim or lawsuit.

Post-seizure hearing

A hearing that occurs after property has been seized, often to determine if the seizure was lawful.