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In the Hatfield-McCoy feud, in which testimony was also divided, the doctrine that property is nine-tenths of the law led Floyd Hatfield to retain possession of the pig, which the McCoys claimed was their property. [5] It has been argued that, in some situations, property accounts for ten-tenths of the law. [6] Although the concept is older, it is often claimed that the phrase „possession is nine-tenths of the law“ dates back to the 16th century. [7] In some countries, possession is not nine-tenths of the law, but it is the responsibility of the owner to establish ownership. [8] For example, if you own a car and lend it to a friend, your friend owns the car, but lending the car to them does not transfer ownership of the vehicle to them. Implied possession is often involved in criminal cases. This legal theory expands the meaning of possession to include objects that are not in physical contact with the owner. Britannica.com: Encyclopedia articles on ownership Although the principle is an oversimplification, it can be reformulated as follows: „In a property dispute (real or personal), in the absence of clear and convincing testimony or evidence to the contrary, the person actually in possession of the property is deemed to be the rightful owner. The rightful owner is restored to his possession; when ingested or used.

The shirt or blouse you`re wearing is probably yours, unless someone can prove it`s not. [2] Possession of a crime has given law enforcement and prosecutors considerable freedom to enforce arrests and convictions without proving the use or sale of prohibited items or items. In fact, also called possession, actual possession is as most of us would describe it: the physical custody or control of an object. For example, a person wearing a watch actually has possession of the watch around their wrist. Possession and intent are frequent focal points in drug-related charges. For example, possession of a controlled substance with intent to sell or distribute these drugs is a serious crime, especially if these drugs are sold or distributed to minors. Wolf Law`s defenders in Denver explain the complex issue of possession in more detail below. In criminal cases, the charge of possession may also include conscious possession. Conscious possession requires the person to be aware that the items are illegal and that they are possessed by the person who knows about them. Nglish: Property translation for Spanish speakers A person who simply owns something does not necessarily have a right to the object nine times greater than someone else.

Constructive possession involves knowledge of an object and the ability to control the object even when the owner is not in physical contact with the object. This concept has been applied to both tangible and intangible products. [9] In particular, „knowledge management“ poses problems with regard to this principle. [10] Google`s possession of a large amount of content has led to some caution due to this principle. [11] It was said that there was a time when attitudes towards rights over genetic resources were that ownership was nine-tenths of the law, and for the other tenth the principle that biological resources were the heritage of humanity. [12] Modern property laws derive from ancient Roman teachings and were later introduced into the American colonies by the British. It is not surprising that historical notions of ownership have developed over time. It is important to note that the phrase „possession is nine-tenths of the law“ is not literally true – it is a rule of force and perhaps a truism of human nature, but it is not a law. Co-ownership occurs when two or more people share control of one or more illegal objects.

For example, if two people live together and drugs are found in their home, both parties can be held liable. Possession is nine-tenths of the law is a phrase that means ownership is easier to obtain if you own something, or difficult to enforce if you don`t. The phrase is also given as „possession is ten points of the law“, which is derived from the Scottish phrase „possession is eleven points in the law, and they say there are only twelve“. [1] Just because a person owns something does not mean he or she owns it. However, it is often assumed that a person who is in possession of something is the most likely owner. But this is not always the case. Working with an experienced criminal defense attorney is the first step in understanding and defending a particular possession allegation. As in all criminal cases, your defense attorney will develop a strategy based on the specific facts of your case. Federal and state laws make it punishable to possess many dangerous or unwanted items (e.g., narcotics, certain types of weapons, stolen property, etc.).

These sample phrases are automatically selected from various online information sources to reflect the current use of the word „possession.“ The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. For example, a defendant found in possession of an illegal drug may escape conviction if the defence can prove that the defendant believed the drug was legal at the time. For this reason (and many more!), property laws are complicated, even for lawyers and judges. If you`re facing drug possession charges in the greater Denver area, it`s in your best interest to hire an experienced criminal defense attorney. Depending on how and when it is used, the term possession has a variety of possible meanings. The meaning of possession can be modified by terms that describe different types of possession. This popular legal term is a phrase that means that property is easier to obtain when a person is in possession of something, and difficult to enforce when a person does not. Common defense strategies for possession charges could be: Depending on how and when it is used, the term possession has a variety of possible meanings. Possession, in particular, often plays a crucial role in criminal cases involving drugs and weapons.

Indigenous peoples are often confronted with this principle. [13] It is questionable whether the principle applies to Amerindian land claims. [14] [15] It has been said that „squatter rights“ and „property is 9/10 of the law“ were largely responsible for how the American West was taken. [16] The saying is not literally true that the law assumes that the person in possession has a claim nine times stronger than anyone else, but that it „highlights the legal truth that each plaintiff must succeed by the strength of his own title and not by the weakness of his opponent.“ [3] The principle somewhat resembles uti possidetis („as you possess, to continue to possess“), which currently refers to the doctrine that colonial administrative borders become international borders when a political division or colony gains independence. Under Roman law, it was an interdictum that ordered the parties to retain possession of the property until it was established to whom the property owned. [4] CLICK HERE TO LEARN MORE ABOUT DRUG COSTS IN DENVER. Our team at The Usage has selected the best storage containers. For example, items left in a safe are in the possession of the person who kept them there; He knows the objects and can exercise control over them. The items are not in the possession of the bank, although the bank physically stores the safe. At Wolf Law, we can help you understand your options, navigate the legal process, and protect your rights. For example, the shoes you wear are supposed to be yours unless someone can prove otherwise.