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Lost, Mislaid, And Abandoned Property
Lost, mislaid, and abandoned property are categories of the common law of property which deals with personal property or chattel which has left the possession of its rightful owner without having directly entered the possession of another person. Property can be considered lost, mislaid or abandoned depending on the circumstances under which it is found by the next party who obtains its possession. There is an old saying that '' possession is nine-tenths of the law'', perhaps dating back centuries. This means that in most cases, the possessor of a piece of property is its rightful owner without evidence to the contrary. More colloquially, this may be called finders, keepers. The contradiction to this principle is theft by finding, which may occur if conversion occurs after finding someone else's property. The rights of a finder of such property are determined in part by the status in which it is found. Because these classifications have developed under the common law of England, ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ...
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Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery";''Johnson v. Glick'', battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the " or of freedom from restraint of movement".''Broughton v. New York'', 37 N.Y.2d 451, 456–7 Trespass to chattel does not require a showing of damages. Simply the "intermeddling with or use of … the personal property" of another gives c ...
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Fugitive Slave Clause
The Fugitive Slave Clause in the United States Constitution, also known as either the Slave Clause or the Fugitives From Labor Clause, is Article IV, Section 2, Clause 3, which requires a "person held to service or labor" (usually a slave, apprentice, or indentured servant) who flees to another state to be returned to their master in the state from which that person escaped. The enactment of the Thirteenth Amendment to the United States Constitution, which abolished slavery except as a punishment for criminal acts, has made the clause mostly irrelevant. Text The text of the Fugitive Slave Clause is: As in the other references in the Constitution dealing with slavery, the words "slave" and "slavery" are not specifically used in this clause. Historian Donald Fehrenbacher believes that throughout the Constitution there was the intent to make it clear that slavery existed only under state law, not federal law. On this instance, Fehrenbacher concludes: Background Prior to the ...
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Fugitive Slave Laws
The fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of enslaved people who escaped from one state into another state or territory. The idea of the fugitive slave law was derived from the Fugitive Slave Clause which is in the United States Constitution ( Article IV, Section 2, Paragraph 3). It was thought that forcing states to deliver fugitive slaves back to enslavement violated states' rights due to state sovereignty and was believed that seizing state property should not be left up to the states. The Fugitive Slave Clause states that fugitive slaves "shall be delivered up on Claim of the Party to whom such Service or Labour may be due", which abridged state rights because forcing people back into slavery was a form of retrieving private property. The Compromise of 1850 entailed a series of laws that allowed slavery in the new territories and forced officials in free states to give a hearing to slave-owners without a jur ...
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Human Branding
Human branding or stigmatizing is the process by which a mark, usually a symbol or ornamental pattern, is burned into the skin of a living person, with the intention that the resulting scar makes it permanent. This is performed using a hot or very cold branding iron. It therefore uses the physical techniques of livestock branding on a human, either with consent as a form of body modification; or under coercion, as a punishment or to identify an enslaved, oppressed, or otherwise controlled person. It may also be practiced as a "rite of passage", e.g. within a tribe, or to signify membership of or acceptance into an organization. Etymology The English verb to ''burn'', attested since the 12th century, is a combination of Old Norse ''brenna'' "to burn, light", and two originally distinct Old English verbs: ''bærnan'' "to kindle" (transitive) and ''beornan'' "to be on fire" (intransitive), both from the Proto-Germanic root ''bren(wanan)'', perhaps from a Proto-Indo-European ro ...
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Fugitive Slaves In The United States
In the United States, fugitive slaves or runaway slaves were terms used in the 18th and 19th century to describe people who fled slavery. The term also refers to the federal Fugitive Slave Acts of 1793 and 1850. Such people are also called freedom seekers to avoid implying that the slave had committed a crime and that the slaveholder was the injured party. Generally, they tried to reach states or territories where slavery was banned, including Canada, or, until 1821, Spanish Florida. Most slave law tried to control slave travel by requiring them to carry official passes if traveling without a master. Passage of the Fugitive Slave Act of 1850 increased penalties against runaway slaves and those who aided them. Because of this, some freedom seekers left the United States altogether, traveling to Canada or Mexico. Approximately 100,000 American slaves escaped to freedom. Laws Beginning in 1643, the slave laws were enacted in Colonial America, initially among the New England Conf ...
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Free-ranging Dog
A free-ranging dog is a dog that is not confined to a yard or house. Free-ranging dogs include street dogs, village dogs, stray dogs, feral dogs, etc., and may be owned or unowned. The global dog population is estimated to be 900 million, of which around 20% are regarded as owned pets and therefore restrained. Origin Dogs living with humans is a dynamic relationship, with a large proportion of the dog population losing contact with humans at some stage over time. This loss of contact first occurred after domestication and has reoccurred throughout history. The global dog population is estimated to be 900 million and rising. Although it is said that the "dog is man's best friend" for the 17–24% of dogs that live as pets in the developed countries, in the developing world pet dogs are uncommon but there are many village, community or feral dogs. Most of these dogs live out their lives as scavengers and have never been owned by humans, with one study showing their most common ...
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Feral Cat
A feral cat or a stray cat is an unowned domestic cat (''Felis catus'') that lives outdoors and avoids human contact: it does not allow itself to be handled or touched, and usually remains hidden from humans. Feral cats may breed over dozens of generations and become an aggressive local apex predator in urban, savannah and bushland environments. Some feral cats may become more comfortable with people who regularly feed them, but even with long-term attempts at socialization, they usually remain aloof and are most active after dusk. Feral cats are devastating to wildlife, and conservation biologists consider them to be one of the worst invasive species on Earth. Attempts to control feral cat populations are widespread but generally of greatest impact within purpose-fenced reserves. Some animal rights groups advocate trap-neuter-return programs to prevent the feral cats from continuing to breed. Scientific evidence has demonstrated that TNR is not effective at controlling ...
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Domestic Animal
This page gives a list of domesticated animals, also including a list of domestication of animals, animals which are or may be currently undergoing the process of domestication and animals that have an extensive relationship with humans beyond simple predation. This includes species which are semi-domesticated, undomesticated but Captive breeding, captive-bred on a commercial scale, or commonly wild-caught, at least occasionally captive-bred, and Tame animal, tameable. In order to be considered fully domesticated, most species have undergone significant Heredity, genetic, Behavior, behavioural and Morphology (biology), morphological changes from their wild ancestors, while others have changed very little from their wild ancestors despite hundreds or thousands of years of potential selective breeding. A number of factors determine how quickly any changes may occur in a species, but there is not always a desire to improve a species from its wild form. Domestication is a gradual process ...
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Livestock Branding
Livestock branding is a technique for marking livestock so as to identify the owner. Originally, livestock branding only referred to hot branding large stock with a branding iron, though the term now includes alternative techniques. Other forms of livestock identification include freeze branding, inner lip or ear tattoos, earmarking, ear tagging, and radio-frequency identification (RFID), which is tagging with a microchip implant. The semi-permanent paint markings used to identify sheep are called a paint or color brand. In the American West, branding evolved into a complex marking system still in use today. History The act of marking livestock with fire-heated marks to identify ownership has origins in ancient times, with use dating back to the ancient Egyptians around 2,700 BCE. Among the ancient Romans, the symbols used for brands were sometimes chosen as part of a magic spell aimed at protecting animals from harm. In English lexicon, the word "brand", common to most ...
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Livestock
Livestock are the domesticated animals raised in an agricultural setting to provide labor and produce diversified products for consumption such as meat, eggs, milk, fur, leather, and wool. The term is sometimes used to refer solely to animals who are raised for consumption, and sometimes used to refer solely to farmed ruminants, such as cattle, sheep, goats and pigs. Horses are considered livestock in the United States. The USDA classifies pork, veal, beef, and lamb ( mutton) as livestock, and all livestock as red meat. Poultry and fish are not included in the category. The breeding, maintenance, slaughter and general subjugation of livestock, called '' animal husbandry'', is a part of modern agriculture and has been practiced in many cultures since humanity's transition to farming from hunter-gatherer lifestyles. Animal husbandry practices have varied widely across cultures and time periods. It continues to play a major economic and cultural role in numerous co ...
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Domesticated Animal
This page gives a list of domesticated animals, also including a list of domestication of animals, animals which are or may be currently undergoing the process of domestication and animals that have an extensive relationship with humans beyond simple predation. This includes species which are semi-domesticated, undomesticated but Captive breeding, captive-bred on a commercial scale, or commonly wild-caught, at least occasionally captive-bred, and Tame animal, tameable. In order to be considered fully domesticated, most species have undergone significant Heredity, genetic, Behavior, behavioural and Morphology (biology), morphological changes from their wild ancestors, while others have changed very little from their wild ancestors despite hundreds or thousands of years of potential selective breeding. A number of factors determine how quickly any changes may occur in a species, but there is not always a desire to improve a species from its wild form. Domestication is a gradual process ...
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