Difference between revisions of "Forfeiture"

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-A '''forfeiture''' is a cancellation in contract [[law]].  Most commonly a forfeiture is a legal action whereby a [[contract]] purchaser following default loses all his interest in the [[property]].
-In litigation forfeiture has a different meaning.  Forfeiture in a trial is the failure to make the timely assertion of a right.  This is contrasted with waiver, which is the intentional relinquishment or abandonment of a known right.  This distinction is important, because a right that is waived is lost on appeal unless there is proof that the waiver was defective, but a right that is forfeited may be the subject of an assertion of plain error on appeal (for overturning the trial decision).<ref>''Sherron v. Mississippi'', 2006 Miss. App. LEXIS 832 (Ct. App. Nov. 7, 2006)</ref>
-== References ==
-<references/>
-[[category:legal terms]]

Revision as of 00:14, September 12, 2007