Remedies · Lesson 08
Replevin & Ejectment
這一課問的是：返還占有應用 replevin（動產）或 ejectment（不動產）？
ActorActObjectStandardConsequence
Issue · what this lesson is really about
Which remedy returns possession — replevin (chattels) or ejectment (real property)?
這一課問的是：返還占有應用 replevin（動產）或 ejectment（不動產）？
Trigger words & phrases that should flag this issue:
returnpossessionwrongfully detainedright of possessionejected
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
replevin
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Action to recover possession of personal property.
返還動產之訴。
ejectment
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Action to recover possession of real property.
遷出之訴。
right of possession
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Plaintiff must show right to immediate possession.
占有權。
wrongful detention
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D wrongfully holds property.
不法扣留。
replevin bond
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Plaintiff often must post bond.
返還保證金。
damages
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May be coupled with possession remedy.
損害賠償。
Rule Sentence · the workhorse
Replevin allows the plaintiff to recover specific personal property wrongfully detained by another, while ejectment allows the plaintiff to recover real property from one in wrongful possession; both require the plaintiff to establish a present right to possession.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人plaintiff with possession right有占有權之原告
Act 行為seeking possession請求占有
Object 對象chattel or land動產或土地
Standard 法律標準right of possession + wrongful detention占有權 + 不法扣留
Consequence 後果property returned返還財產
Casebook Snapshot · a real American case
Various common-law cases · routine replevin and ejectment actions
Holding. Replevin and ejectment are summary remedies for the recovery of possession; the plaintiff must establish a present right to possession and the defendant's wrongful retention. Most jurisdictions have streamlined the procedural forms while preserving the substance.
Why it matters. Replevin/ejectment are workhorses for possession disputes — fast, focused, possession-directed.
返還與遷出為占有救濟之主力。
Common Mistakes · what trips students
✗ replevin 適用 land。
✓ Land is ejectment.
土地用 ejectment。
✗ ejectment 適用 squatter 短暫侵入。
✓ Short trespasses use trespass actions.
短暫侵入用 trespass。
Mini IRAC · build the Application
Issue. May P recover possession of P's family heirloom that D refuses to return after the loan term ended?
Rule. Replevin allows recovery of specific personal property wrongfully detained by another, where the plaintiff has a present right to possession.
Application (model). P loaned the heirloom to D; the loan term has expired and D refuses to return it. Because replevin requires a present right to possession and wrongful detention, the fact that the loan term has expired (giving P the right to possession) and D's continued retention is wrongful means both elements are satisfied.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P may pursue replevin to recover the heirloom.
MBE Check · multiple choice
P, the legal owner of a house, finds a squatter living in it. P wants to recover possession. Best remedy?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: