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Term Paper Undergraduate 407 words

Punitive damages, injunctions, and forfeiture in civil and criminal law

~3 min read Law
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Essay 407 words

¶ … punitive damages? In what circumstances are they justified?

Punitive damages are damages awarded not to compensate the plaintiff, but to punish the defendant and are used when "the victim's death was intentional, malicious, or egregious" ("When are punitive damages available," Freeadvice.com, 2008)

What is an injunction? When may it be used and for what purposes?

An injunction is a court order "requiring a person, corporation, or government entity to stop doing something and refrain from doing that thing in the future. They are issued only "when the remedy at law is inadequate….For example, suppose you own a home surrounded by 100-year-old trees and your neighbor claims the trees are on his property and is planning on cutting them down. While the dispute is pending, the court might well issue an injunction preventing the neighbor from cutting down the trees until the matter is heard and completely resolved. Otherwise there could be irreparable harm to the land [and] money damages could not replace the trees," ("What is an injunction," Freeadvice.com, 2008). Also, injunctions may be issued to stop someone from doing something potentially illegal, like violating a copyright, while a court case is ongoing, until the judge settles the dispute.

How can forfeiture be used in civil and criminal cases? Does its use in criminal cases pose any constitutional issues?

130 Words Hidden
Forfeiture is a punitive, that is punishing, government seizure of property connected to illegal activity, including contraband, proceeds, or tools used in the criminal activity…
Key Concepts in This Paper
punitive damages injunctions civil forfeiture criminal forfeiture property seizure legal remedies constitutional issues
Cite This Paper
PaperDue. (2008). Punitive damages, injunctions, and forfeiture in civil and criminal law. PaperDue. https://www.paperdue.com/essay/punitive-damages-in-what-circumstances-31005

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