Property Law Keyed to Singer
United States v. Leasehold Interest in 121 Nostrand Avenue
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
A great-grandmother, Mrs. Clara Smith, lived with her children, grandchildren and great-grandchildren in an apartment. The family lives in poverty, but they are better off in the apartment than on the streets or in shelters. An undercover police officer purchased drugs from one of her granddaughters. A search of the house was conducted, and police found crack and determined the home was used to store drugs. The civil drug forfeiture statute creates an in rem cause of action for violations of narcotics laws. It allows the government, on finding a sufficient nexus between drug activity and the property itself, to obtain forfeiture of the property. Forfeiture is warranted if the property is used to make drug activity easier. The government seeks to evict Mrs. Smith and her family from their home under this statute.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.