Simple English definitions for legal terms
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Term: NON CEPIT
Definition: Non cepit means "he did not take" in Latin. In legal terms, it is a general denial used in a replevin action that disputes both the taking and the place of taking. It is also known as non cepit modo et forma. This term is used to deny the fact and place of the alleged taking, but it does not deny the plaintiff's right of possession. In cases where replevin is brought for goods that were lawfully obtained but unlawfully detained, the general issue is "non detinet," which denies the detention but not the plaintiff's right.
Definition: Non cepit (non see-pit) is a Latin term that means "he did not take." In legal terms, it refers to a general denial in a replevin action that puts at issue both the taking and the place of taking. It is also known as non cepit modo et forma.
Example: In a replevin action, if the defendant denies taking the property and also disputes the place of taking, they can use the defense of non cepit. For instance, if a person is accused of stealing a car from a parking lot, but they claim that they did not take the car from that particular parking lot, they can use the defense of non cepit.
Explanation: Non cepit is a formal denial of both the fact and the place of the alleged taking. It denies the taking only and not the plaintiff's right of possession. It is used when the defendant wants to challenge both the fact of taking and the location of taking. The defense of non cepit is commonly used in replevin cases where the defendant denies taking the property in question.