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Replevin

Description: Replevin is a common law action that allows a person to recover possession of personal property that has been wrongfully taken or detained by another person.
Number of Questions: 15
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Tags: replevin torts personal property
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What is the purpose of a replevin action?

  1. To recover possession of personal property that has been wrongfully taken or detained

  2. To recover damages for the loss of personal property

  3. To punish the person who wrongfully took or detained the property

  4. To prevent the person who wrongfully took or detained the property from selling or disposing of it

Show answer
Correct Option: A
Explanation:

The purpose of a replevin action is to restore possession of personal property to the person who is entitled to it.

What are the elements of a replevin action?

  1. The plaintiff must have a right to possession of the property

  2. The defendant must have wrongfully taken or detained the property

  3. The property must be capable of being replevied

  4. All of the above

Show answer
Correct Option: D
Explanation:

In order to succeed in a replevin action, the plaintiff must prove that they have a right to possession of the property, that the defendant wrongfully took or detained the property, and that the property is capable of being replevied.

What is the difference between replevin and detinue?

  1. Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property

  2. Replevin is an action to recover possession of personal property, while detinue is an action to recover the value of personal property

  3. Replevin is an action to recover possession of personal property, while detinue is an action to recover the property itself

  4. None of the above

Show answer
Correct Option: A
Explanation:

Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property.

What is the procedure for bringing a replevin action?

  1. The plaintiff must file a complaint with the court

  2. The plaintiff must post a bond with the court

  3. The plaintiff must serve the defendant with a summons and complaint

  4. All of the above

Show answer
Correct Option: D
Explanation:

In order to bring a replevin action, the plaintiff must file a complaint with the court, post a bond with the court, and serve the defendant with a summons and complaint.

What is the measure of damages in a replevin action?

  1. The value of the property at the time it was taken or detained

  2. The value of the property at the time of the trial

  3. The highest value of the property between the time it was taken or detained and the time of the trial

  4. None of the above

Show answer
Correct Option: C
Explanation:

The measure of damages in a replevin action is the highest value of the property between the time it was taken or detained and the time of the trial.

What are some defenses to a replevin action?

  1. The defendant did not wrongfully take or detain the property

  2. The plaintiff does not have a right to possession of the property

  3. The property is not capable of being replevied

  4. All of the above

Show answer
Correct Option: D
Explanation:

Some defenses to a replevin action include the defendant did not wrongfully take or detain the property, the plaintiff does not have a right to possession of the property, and the property is not capable of being replevied.

What is the difference between replevin and conversion?

  1. Replevin is an action to recover possession of personal property, while conversion is an action to recover damages for the loss of personal property

  2. Replevin is an action to recover possession of personal property, while conversion is an action to recover the value of personal property

  3. Replevin is an action to recover possession of personal property, while conversion is an action to recover the property itself

  4. None of the above

Show answer
Correct Option: A
Explanation:

Replevin is an action to recover possession of personal property, while conversion is an action to recover damages for the loss of personal property.

What is the difference between replevin and detinue?

  1. Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property

  2. Replevin is an action to recover possession of personal property, while detinue is an action to recover the value of personal property

  3. Replevin is an action to recover possession of personal property, while detinue is an action to recover the property itself

  4. None of the above

Show answer
Correct Option: A
Explanation:

Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property.

What is the difference between replevin and trover?

  1. Replevin is an action to recover possession of personal property, while trover is an action to recover damages for the loss of personal property

  2. Replevin is an action to recover possession of personal property, while trover is an action to recover the value of personal property

  3. Replevin is an action to recover possession of personal property, while trover is an action to recover the property itself

  4. None of the above

Show answer
Correct Option: A
Explanation:

Replevin is an action to recover possession of personal property, while trover is an action to recover damages for the loss of personal property.

What is the difference between replevin and detinue?

  1. Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property

  2. Replevin is an action to recover possession of personal property, while detinue is an action to recover the value of personal property

  3. Replevin is an action to recover possession of personal property, while detinue is an action to recover the property itself

  4. None of the above

Show answer
Correct Option: A
Explanation:

Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property.

What is the difference between replevin and detinue?

  1. Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property

  2. Replevin is an action to recover possession of personal property, while detinue is an action to recover the value of personal property

  3. Replevin is an action to recover possession of personal property, while detinue is an action to recover the property itself

  4. None of the above

Show answer
Correct Option: A
Explanation:

Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property.

What is the difference between replevin and detinue?

  1. Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property

  2. Replevin is an action to recover possession of personal property, while detinue is an action to recover the value of personal property

  3. Replevin is an action to recover possession of personal property, while detinue is an action to recover the property itself

  4. None of the above

Show answer
Correct Option: A
Explanation:

Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property.

What is the difference between replevin and detinue?

  1. Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property

  2. Replevin is an action to recover possession of personal property, while detinue is an action to recover the value of personal property

  3. Replevin is an action to recover possession of personal property, while detinue is an action to recover the property itself

  4. None of the above

Show answer
Correct Option: A
Explanation:

Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property.

What is the difference between replevin and detinue?

  1. Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property

  2. Replevin is an action to recover possession of personal property, while detinue is an action to recover the value of personal property

  3. Replevin is an action to recover possession of personal property, while detinue is an action to recover the property itself

  4. None of the above

Show answer
Correct Option: A
Explanation:

Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property.

What is the difference between replevin and detinue?

  1. Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property

  2. Replevin is an action to recover possession of personal property, while detinue is an action to recover the value of personal property

  3. Replevin is an action to recover possession of personal property, while detinue is an action to recover the property itself

  4. None of the above

Show answer
Correct Option: A
Explanation:

Replevin is an action to recover possession of personal property, while detinue is an action to recover damages for the loss of personal property.

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