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Possession Is Nine-tenths Of The Law
"Possession is nine-tenths of the law" is an expression meaning that ownership is easier to maintain if one has possession of something, or difficult to enforce if one does not. The expression is also stated as "possession is ten points of the law", which is credited as derived from the Scottish expression "possession is eleven points in the law, and they say there are but twelve." In the context of property law it can be restated as: "In a property dispute (whether real or personal), in the absence of clear and compelling testimony or documentation to the contrary, the person in actual, custodial possession of the property is presumed to be the rightful owner. The rightful owner shall have their possession returned to them; if taken or used. The shirt or blouse you are currently wearing is presumed to be yours, unless someone can prove that it is not." Analysis The adage is not literally true, that by law the person in possession is presumed to have a nine times stronger cla ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Idiom
An idiom is a phrase or expression that largely or exclusively carries a Literal and figurative language, figurative or non-literal meaning (linguistic), meaning, rather than making any literal sense. Categorized as formulaic speech, formulaic language, an idiomatic expression's meaning is different from the Literal and figurative language, literal meanings of each word inside it. Idioms occur frequently in all languages. In English language, English alone there are an estimated twenty-five thousand idiomatic expressions. Some well known idioms in English are "spill the beans" (meaning "reveal secret information"), "it's raining cats and dogs" (meaning "it's raining intensely"), and "break a leg" (meaning "good luck"). Derivations Many idiomatic expressions were meant literally in their original use, but occasionally the attribution of the literal meaning changed and the phrase itself grew away from its original roots—typically leading to a folk etymology. For instance, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Heritage Of Mankind
Common heritage of humanity (also termed the common heritage of mankind, common heritage of humankind or common heritage principle) is a principle of international law that holds the defined territorial areas and elements of humanity's common heritage (cultural and natural) should be held in trust for future generations and be protected from exploitation by individual nation states or corporations. Origins In tracing the origins of the common heritage principle, it is important to distinguish its history as a term from its conceptual history. The common heritage principle was developed under different names, including common "heritage", common "property", and common "patrimony" of mankind. These terms have at times described different concepts; for instance, in 1813 the "property of mankind" might mean the arts and sciences, rather than items or areas. By the early 20th century, "common heritage" and similar terms usually referred to areas and the resources in them, while other ref ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Concepts
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uti Possidetis
''Uti possidetis'' is an expression that originated in Roman private law, where it was the name of a procedure about possession of land. Later, by a misleading analogy, it was transferred to international law, where it has had more than one meaning, all concerning sovereign right to territory. In Rome, if two parties disputed possession of a house or parcel of land, the praetor preferred the one who was in actual occupation, unless he had got it from the other by force, stealth or as a temporary favour ('' nec vi, nec clam, nec precario''). The contest was initiated by an interdict called '. The winner was confirmed or restored in possession, and the loser was ordered not to displace him by force. However, the winner had not proved he was the real owner, only that, for the moment, he had a better right to possession than his opponent. Hence the rights of third parties were not prejudiced. The phrase ''uti possidetis'' was a conventional abbreviation of the praetorial edict deali ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perverting The Course Of Justice
Perverting the course of justice is an offence committed when a person prevents justice from being served on themselves or on another party. In England and Wales it is a common law offence, carrying a maximum sentence of life imprisonment. Statutory versions of the offence exist in Australia, Canada, Fiji, Ireland, and New Zealand. The Scottish equivalent is defeating the ends of justice, although charges of attempting to pervert the course of justice are also raised in Scotland, while the South African counterpart is defeating or obstructing the course of justice. A similar concept, obstruction of justice, exists in United States law. England and Wales Doing an act tending and intending to pervert the course of public justice is an offence under the common law of England and Wales. Perverting the course of justice can be any of three acts: * Fabricating or disposing of evidence * Intimidating or threatening a witness or juror * Intimidating or threatening a judge Also crimi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homestead Principle
The homestead principle is the principle by which one gains ownership of an unowned natural resource by performing an act of original appropriation. Appropriation could be enacted by putting an unowned resource to active use (as with using it to produce some product), joining it with previously acquired property, or by marking it as owned (as with livestock branding). Homesteading is one of the foundations of Rothbardian anarcho-capitalism and right-libertarianism. In political philosophy Mohammad In Islam, a "dead" land (not previously owned or under use by the public) can be owned by "reviving" it, as per the prophetic saying: "If anyone revives dead land, it belongs to him, and the unjust root has no right." This principle, however, does not deprive the community from some common rights in the land, including the right to pass water through it to the neighbor's land, for example. John Locke In his 1690 work '' Second Treatise of Government'', Enlightenment ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Finders Keepers
Finders keepers, sometimes extended as the children's rhyme finders keepers, losers weepers, is an English adage with the premise that when something is unowned or abandoned, whoever finds it first may claim it for themselves to own, by the “first in time” legal standard. The phrase relates to an ancient Roman law of similar meaning and has been expressed in various ways over the centuries. It can be uncertain, however, just when or how something is unowned or abandoned, and a party other than the finder may lay claim to it, leading to legal or ethical disputes, whose findings different courts or jurisdictions may interpret differently. In one case involving two claimants, the 1982 English Court of Appeal case '' Parker v British Airways Board'', the judgement of Donaldson L.J. declared, "Finders keepers, unless the true owner claims the article". Application *One of the most common uses of "finders keepers" involves shipwrecks. Under international maritime law, for shipwre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conversion (law)
Conversion is an intentional tort consisting of "taking with the intent of exercising over the Personal property, chattel an ownership inconsistent with the real owner's right of possession". In England and Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Atamba cuts down and hauls away trees on land s/he knows is owned by Tonny, without permission or privilege to do so; and 2) Anthony takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Anthony put it). A common act of conversion in medieval times involved bolts of cloth that were bailment, bailed for safekeeping, which the bailee or a third party took and made clothes for their own use or for sale. Many questions concerning joint ownership in en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adverse Possession
Adverse possession in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (property), legal title to a piece of property, usually real property, may acquire legal ownership based on continuous Possession (law), possession or occupation without the permission (licence) of its legal owner. It is sometimes colloquially described as ''squatter's rights'', a term associated with occupation without legal title during the westward expansion in North America, as occupying real property without permission is central to adverse possession. Some jurisdictions regulate squatting separately from adverse possession. Description In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, many legal systems courts recognize that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American West
The Western United States (also called the American West, the Western States, the Far West, the Western territories, and the West) is census regions United States Census Bureau As American settlement in the U.S. expanded westward, the meaning of the term ''the West'' changed. Before around 1800, the crest of the Appalachian Mountains was seen as the western frontier. The frontier moved westward and eventually the lands west of the Mississippi River were considered ''the West''. The U.S. Census Bureau's definition of the 13 westernmost states includes the Rocky Mountains and the Great Basin to the Pacific Coast, and the mid-Pacific islands state, Hawaii. To the east of the Western United States is the Midwestern United States and the Southern United States, with Canada to the north and Mexico to the south. The West contains several major biomes, including arid and semi-arid plateaus and plains, particularly in the American Southwest; forested mountains, including thr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Squatter's Rights
''Squatter's Rights'' is a 1946 animated short film produced in Technicolor by Walt Disney Productions. The cartoon is about a confrontation between Pluto and Chip and Dale who have taken up residence in Mickey Mouse's hunting shack. It was the 119th short in the ''Mickey Mouse'' film series to be released, and the only one produced that year. The film was directed by Jack Hannah and features the voices of Dessie Flynn as Chip and Dale, and Pinto Colvig as Pluto. Mickey Mouse was voiced by both Walt Disney and Jimmy MacDonald, the latter making his debut as Mickey, and would go on to provide Mickey's voice for over 30 years. It was also Mickey's first post-war appearance. Some scenes featured recycled Mickey Mouse animation from the 1939 short '' The Pointer'', with new animation for Mickey almost entirely provided by Paul Murry, who is now largely known for his time as a Disney comic book artist. ''Squatter's Rights'' was released to theaters on June 7, 1946 by RKO Radio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
