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Civil recovery is the method in some legal systems employed to recover the proceeds of crime, instead of, or in addition to, criminal court proceedings. [1]Many retailers, or agents acting on their behalf, utilize civil recovery to recover the value of property (including intellectual property) obtained through unlawful conduct (i.e. theft, burglary, larceny, fraud etc.).
Summary order, a decision without an opinion explaining the decision. Summary possessory proceeding (summary process), a proceeding, summary in character, to which a landlord may resort for the recovery or possession of leased premises when he becomes entitled to possession. 32 Am J1st L & T § 1016. Summary proceeding.
In Scotland, confiscation proceedings are initiated by the procurator fiscal or Lord Advocate through a sheriff court or High Court of Justiciary. Cash forfeiture and civil recovery are brought by the Civil Recovery Unit of the Scottish Government in a sheriff court, with appeals to the Court of Session.
While civil procedure, as opposed to criminal procedure, generally involves a dispute between two private citizens, civil forfeiture involves a dispute between law enforcement and property such as a pile of cash or a house or a boat, such that the thing is suspected of being involved in a crime. To get back the seized property, owners must ...
Part 5 of the Act deals with the civil recovery of the proceeds of crime from unconvicted defendants through proceedings in the civil courts (the High Court or, in Scotland, Court of Session). It includes powers relating to the seizure, detention and forfeiture of cash sums [21] in excess of the 'minimum amount' [22] (currently £1,000). [23]
Until the Common Law Procedure Act 1854 came into effect in England and Wales, a defendant was able to exercise an option of paying damages instead of restoring the actual goods. [ 27 ] Section 65 of the Tribunals, Courts and Enforcement Act 2007 made provision for the common law rules governing replevin in England and Wales to be replaced ...
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A former version of Chapter IX, contained in the original Rules of Civil Procedure, dealt with appeals from a District Court to a United States Court of Appeals. These rules were abrogated in 1967 when they were superseded by the Federal Rules of Appellate Procedure , a separate set of rules specifically governing the Courts of Appeals.