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Constructive possession [1] is a legal fiction to describe a situation in which an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as someone with actual possession.
It has been argued that in some situations, possession is ten-tenths of the law. [6] While the concept is older, the phrase "Possession is nine-tenths of the law" is often claimed to date from the 16th century. [7] In some countries, possession is not nine-tenths of the law, but rather the onus is on the possessor to substantiate his ownership. [8]
Pennoyer v. Neff, 95 U.S. 714 (1878) was a decision by the Supreme Court of the United States in which the Court held that a state court can only exert personal jurisdiction over a party domiciled out-of-state if that party is served with process while physically present within the state.
Adverse possession in common law, and the related civil law concept of usucaption (also acquisitive prescription or prescriptive acquisition), are legal mechanisms under which a person who does not have legal title to a piece of property, usually real property, may acquire legal ownership based on continuous possession or occupation without the permission of its legal owner.
Under international law, the citizens of neutral nations are entitled to trade, at their own risk, with any or all powers engaged in war. No duty to restrain contraband trade is imposed on the neutral governments, but no neutral government has the right to interfere on behalf of citizens whose property is seized by one belligerent if it is in ...
Massachusetts' top court on Friday ruled that a would-be bride must return a $70,000 engagement ring from Tiffany & Co to her former fiancé in a decision that ended 65 years of courts in the New ...
In law, knowledge is one of the degrees of mens rea that constitute part of a crime.For example, in English law, the offence of knowingly being a passenger in a vehicle taken without consent requires that the prosecution prove not only that the defendant was a passenger in a vehicle and that it was taken by the driver without consent, but also that the defendant knew that it was taken without ...
During his 2017-2021 term, Trump butted heads with key appointees, particularly those in the intelligence, national security and law enforcement communities, several of whom later recounted slow ...