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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." Although the principle is an oversimplification, 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 s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Idiom
An idiom is a phrase or expression that typically presents a figurative, non-literal meaning attached to the phrase; but some phrases become figurative idioms while retaining the literal meaning of the phrase. Categorized as formulaic language, an idiom's figurative meaning is different from the literal meaning. Idioms occur frequently in all languages; in English alone there are an estimated twenty-five million idiomatic expressions. Derivations Many idiomatic expressions were meant literally in their original use, but sometimes 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 phrase "spill the beans" (meaning to reveal a secret) is first attested in 1919, but has been said to originate from an ancient method of voting by depositing beans in jars, which could be spilled, prematurely revealing the results. Other idioms are deliberately figurative. For example, "break ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Squatter's Rights
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Anglo-American common law under which a person who does not have legal title to a piece of property—usually land ( real property)—may acquire legal ownership based on continuous possession or occupation of the property without the permission ( licence) of its legal owner. The possession by a person is not adverse if they are in possession as a tenant or licensee of the legal owner. In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, in the English common law tradition, courts have long ruled that when someone occupies a piece of property without permission and the property's owner does not exercise their right to recover their property for a significant period of time, not only is the original owner prevented from exercising their right to exclude, but an entir ... [...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,Robertson, ''Crimes against humanity'', 90. 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 group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. 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 serves as a mediator of relations between people. Legal systems vary between jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Might Makes Right
Might makes right or Might is right is an aphorism on the origin of morality, with both descriptive and prescriptive senses. Descriptively, it asserts that a society's view of right and wrong is determined by those in power, with a meaning similar to "History is written by the victors". That is, although all people have their personal ideas of the good, only those strong enough to overcome obstacles and enemies can put their ideas into effect, and spread their own standards to society at large. Montague defined kratocracy or kraterocracy (from the el, κρατερός , meaning "strong") as a government based on coercive power, by those strong enough to seize control through physical violence or demagogic manipulation. "Might makes right" has been described as the credo of totalitarian regimes. The sociologist Max Weber analyzed the relations between a state's power and its moral authority in . Realist scholars of international politics use the phrase to describe the " state ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Homesteading
Homesteading is a lifestyle of self-sufficiency. It is characterized by subsistence agriculture, home preservation of food, and may also involve the small scale production of textiles, clothing, and craft work for household use or sale. Pursued in different ways around the world—and in different historical eras—homesteading is generally differentiated from rural village or commune living by isolation (either socially or physically) of the homestead. Use of the term in the United States dates back to the Homestead Act (1862) and before. In sub-Saharan Africa, particularly in nations formerly controlled by the British Empire, a homestead is the household compound for a single extended family. In the UK the terms ''smallholder'' and ''croft'' are rough synonyms of ''homesteader''. Modern homesteaders often use renewable energy options including solar and wind power. Many also choose to plant and grow heirloom vegetables and to raise heritage livestock. Homesteading is not ... [...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 can claim it for themself permanently. The phrase relates to an ancient Roman law of similar meaning and has been expressed in various ways over the centuries. The 1982 English Court of Appeal case ''Parker v British Airways Board'' expanded the phrase, with the judgement of Donaldson L.J. declaring "Finders keepers, unless the true owner claims the article". Difficulties arise when exploring how best to define when exactly something is unowned or abandoned, which can lead to legal or ethical disputes, especially as jurisdictions often differ in their approach. Application *One of the most common uses of "Finders, Keepers" involves shipwrecks. Under international maritime law, for shipwrecks of a certain age, the original owner may have lost all claim to the cargo. Anyone who finds t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conversion (law)
Conversion is an intentional tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ... 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 & 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) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adverse Possession
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Common law, Anglo-American common law under which a person who does not have title (property), legal title to a piece of property—usually land (real property)—may acquire legal ownership based on continuous Possession (law), possession or occupation of the property without the permission (licence) of its legal owner. The possession by a person is not adverse if they are in possession as a Tenancy, tenant or licensee of the legal owner. In general, a property owner has the right to recover possession of their property from unauthorised possessors through legal action such as ejectment. However, in the English common law tradition, courts have long ruled that when someone occupies a piece of property without permission and the property's owner does not exercise their right to recover their property for a significant period of time, not only is the original owner prevented ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American West
The Western United States (also called the American West, the Far West, and the West) is the region comprising the westernmost states of the United States. As American settlement in the U.S. expanded westward, the meaning of the term ''the West'' changed. Before about 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 three major ranges, the Sierra Neva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Peoples Of The Americas
The Indigenous peoples of the Americas are the inhabitants of the Americas before the arrival of the European settlers in the 15th century, and the ethnic groups who now identify themselves with those peoples. Many Indigenous peoples of the Americas were traditionally hunter-gatherers and many, especially in the Amazon basin, still are, but many groups practiced aquaculture and agriculture. While some societies depended heavily on agriculture, others practiced a mix of farming, hunting, and gathering. In some regions, the Indigenous peoples created monumental architecture, large-scale organized cities, city-states, chiefdoms, states, kingdoms, republics, confederacies, and empires. Some had varying degrees of knowledge of engineering, architecture, mathematics, astronomy, writing, physics, medicine, planting and irrigation, geology, mining, metallurgy, sculpture, and gold smithing. Many parts of the Americas are still populated by Indigenous peoples; some countries have ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oversimplification
The fallacy of the single cause, also known as complex cause, causal oversimplification, causal reductionism, and reduction fallacy, is an informal fallacy of questionable cause that occurs when it is assumed that there is a single, simple cause of an outcome when in reality it may have been caused by a number of only jointly sufficient causes. Fallacy of the single cause can be logically reduced to: " X caused Y; therefore, X was the only cause of Y" (although A,B,C...etc. also contributed to Y.) Causal oversimplification is a specific kind of false dilemma A false dilemma, also referred to as false dichotomy or false binary, is an informal fallacy based on a premise that erroneously limits what options are available. The source of the fallacy lies not in an invalid form of inference but in a false ... where conjoint possibilities are ignored. In other words, the possible causes are assumed to be "A or B or C" when "A and B and C" or "A and B and not C" (etc.) are not taken in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Peoples
Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original peoples. The term ''Indigenous'' was first, in its modern context, used by Europeans, who used it to differentiate the Indigenous peoples of the Americas from the European settlers of the Americas and from the Sub-Saharan Africans who were brought to the Americas as enslaved people. The term may have first been used in this context by Sir Thomas Browne in 1646, who stated "and although in many parts thereof there be at present swarms of ''Negroes'' serving under the ''Spaniard'', yet were they all transported from ''Africa'', since the discovery of ''Columbus''; and are not indigenous or proper natives of ''America''." Peoples are usually described as "Indigenous" when they maintain traditions or other aspects of an early culture that is assoc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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