Possession Is 9/10 of the Law What Is the Other Tenth

There are legal defences against criminal charges of possession of illegal drugs and possession of weapons or other weapons. An experienced defense attorney can advise you on the best strategy to combat these accusations. 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 witness statements or documents to the contrary, the person who is 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] Some believe that the phrase “possession is 9/10 of the law” comes from the old Scottish proverb that says: “Possession is eleven points in the law, and they say they are only twelve.” 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. And the first written version dates back to 1616, when Thomas Draxe wrote in his Bibliotheca Scholastica: “Possession is nine points of the law.” This referred to the fact that possession fulfilled nine of the eleven points that constituted proof of ownership at the time. The period during which an opposing owner must occupy real estate varies from state to state. Possession is also important for the “capture rule”.

Historically, this rule was in place to give ownership of wildlife to the first man to capture the animal. More recently, he called for the transfer of natural resources such as oil and gas to the first person to take possession of the resource. To prove that you have a section in a constructive way, the government must demonstrate that you know the item and that you have the ability to control it. Once we get into this type of possession, there are an indeterminate number of scenarios on the continuum of evidence, and there are many scenarios that don`t have a dry answer. At one end of the continuum, you have the gentleman stuck alone in a car he owns, with his Bulldog sign in the passenger seat and the Confederate flag hat on his head. When asked if the sign belongs to him, he says “no” and wants to argue that no one can prove that he owned it because he did not hold the sign in his hand. It`s just as unlikely that he has a graduate degree in physics. At the other end of the continuum, the sign is in the trunk of a car and there are five guys in the car, none of whom claim ownership of the sign and the police cannot find DNA or fingerprints on the poster. It could belong to one of the five, and in that situation the courts will rule that the government cannot prove that anyone in the car knew the sign or had the ability to control it. However, most cases of constructive ownership fall somewhere in between. And that makes it interesting.

So the lesson is that if you don`t want anyone to know you`re a Cosby fan, don`t buy the pin, and you don`t have to worry about people finding out you own it. 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. 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] Negative possession allows an intruder to obtain a legal right to someone else`s land. But they must prove that they have openly owned and used the property for a certain period of time (five years), and they must have paid taxes on it during that period. 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. Actual possession means that you have held something physically. It could be in your pockets, in your hands, or in a bag you carried.

There are many cases where an accused tries to argue that he did not know what was in his pocket or even in his pockets because the bag or pants belonged to someone else. Most of the time, a judge or jury will blame you for everything you wore directly, and it`s very difficult to create a reasonable doubt that it wasn`t yours. Possession is often an element of criminal charges related to drugs and/or weapons. But there is no criminal law that defines possession by the 9/10 rule. In criminal law, possession is either real possession or real possession. Implied ownership means you had instant access to something (like under the seat or glove compartment of a car, or in your home). We`ve all heard that “property is nine-tenths of the law,” but is that true? The expression probably comes from an old Scottish proverb that “possession is eleven points in the law, and they say they are only twelve”. In America, the principle was used to settle an early dispute in the well-known feud between the Hatfields and the McCoys. In 1878, Floyd Hatfield and Randolph McCoy had a heated disagreement over the ownership of a few pigs who had questioned Floyd Hatfield`s farm.

Unable to resolve their dispute, they took the matter to a local justice of the peace, the preacher Anderson Hatfield. Since the testimonies were divided between the respective clans, the preacher Hatfield relied on the principle of “nine-tenths” when he decided that the pigs should remain with the part in Mr. Hatfield`s possession. Of course, the fact that the preacher shared a last name with Floyd could also have influenced his decision. The McCoy family was obviously not impressed by the preacher`s decision, as their feud with the Hatfields lasted until at least 1901 (and was briefly revived in 1979 during an appearance on the popular game show Family Feud). In criminal cases, the charge of possession may also include conscious possession.

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