Simple English definitions for legal terms
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Term: DETINET
Definition: Detinet means that someone is holding onto something that doesn't belong to them. It's a type of legal action that can be taken when someone wrongfully keeps goods instead of returning them. It can also be used when someone who isn't the original debtor owes money or when someone is holding onto property until after a judgment is made. It's different from "debet et detinet," which means someone owes money and is also holding onto property that doesn't belong to them.
Definition: Detinet (det-i-net) is a Latin term that means "he detains." It refers to a legal action in debt where the plaintiff claims that the defendant wrongfully kept goods, as opposed to wrongfully taking them.
For example, if someone borrowed a book from you and refused to return it, you could bring an action in detinet to recover the book. Similarly, if you were an executor of an estate and someone refused to return property that belonged to the estate, you could bring an action in detinet to recover the property.
An action of replevin is also considered to be in detinet when the defendant retains possession of the property until after the judgment. This means that the defendant is holding onto the property even though they have been ordered by the court to return it to the plaintiff.
Example: John borrowed a lawnmower from his neighbor, but when he returned it, the neighbor claimed that it was damaged. John denied causing any damage and demanded the return of his lawnmower. When the neighbor refused to return it, John brought an action in detinet to recover the lawnmower.
Explanation: In this example, John is claiming that his neighbor wrongfully kept his lawnmower. He is not alleging that the neighbor stole the lawnmower, but rather that the neighbor is holding onto it without justification. Therefore, John's legal action is in detinet.