This page is continued from Civil Law Self-Help >>>> Section 5: Commence a Civil Action >>>> Types of Actions >>>> The 11 Historical Common-Law Forms of Action:
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The 11 Common Law Forms of Action can be executed via various types of writs. Another (more modern) way to activate the relief these forms of action can provide is by filing a civil action.
The following 4 forms of action are used for the purpose of recovering property, wrongfully imprisoned, detained, or withheld persons, &/or damages caused by such losses (damages can be filed for through a tort claim):
#1.) Detinue – recover “personal property” (movable or intangible assets, but not “real property” such as land or buildings)
#2.) Ejectment – an owner or occupier who was wrongfully ejected from their land (home, etc.) recovers possession, damages, & costs
#3.) Replevin – to repossess:
- “personal property” (movable or intangible assets, but not “real property” such as land or buildings) wrongfully taken
- a person who is wrongfully detained (withheld), imprisoned, or encumbered (i.e. probation) – see Writ of Habeas Corpus
#4.) Trover – recovery damages for property wrongfully taken & then sold, given away, lost, etc.
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Back to The 11 Common Law Forms of Action
Legal Precepts Adopted (from Europe) into The U.S. Constitution
§ § of Law Embedded into the Constitution Pursuant to the American Revolution
Civil Proceedings (Torts) Self-Help
Criminal Proceedings (Crimes) Self-Help
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