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Dictionary of Law |
possession :: legal definitionPossession - n. 1) any article, object, asset or property which one owns, occupies, holds or has under control. 2) the act of owning, occupying, holding or having under control an article, object, asset or property. "Constructive possession" involves property which is not immediately held, but which one has the right to hold and the means to get (such as a key to a storeroom or safe deposit box). "Criminal possession" is the holding of property which it is illegal to possess such as controlled narcotics, stolen goods or liquor by a juvenile. The old adage "possession is nine-tenths of the law" is a rule of force and not of law, since ownership requires the right to possess as well as actual or constructive possession. See also: possess and Related Law Terms ↓ Related Law Termsabandoned property :: n. property left behind (often by a tenant) intent ... -use. See also: abandon abandonmentabandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent adverse possession :: n. a means to acquire title to land through obviou ... o: possession prescriptive easement arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights civil rights :: n. those rights guaranteed by the Bill of Rights, ... ill of Rights civil civil liberties claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. color of law :: n. the appearance of an act being performed based ... xtort payoffs to forget the ticket. common property :: n. 1) real property owned by "tenants in common," ... e, like parks and national forests. confess :: v. in criminal law, to voluntarily state that one ... Miranda warning self-incrimination constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution constructive :: adj. a legal fiction for treating a situation as i ... ctive possession constructive trust constructive possession :: n. when a person does not have actual possession, ... possession. See also: constructive constructive trust :: n. when a person has title to property and/or take ... tence. See also: constructive trust controlling law :: n. the laws of the state which will be relied upon ... will be that of a particular state. corporation :: n. an organization formed with state governmental ... ation public corporation securities descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights dower :: n. an old English common law right of a widow to o ... t and distribution widow's election due process of law :: n. a fundamental principle of fairness in all lega ... procedural and substantive rights. easement :: n. the right to use the real property of another f ... rstandings at the time of creation. equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law equity :: n. 1) a venerable group of rights and procedures t ... ry enjoin equitable injunction writ error :: n. a mistake by a judge in procedure or in substan ... or. See also: harmless error remand eviction :: n. a generic word for the act of expelling (kickin ... ve eviction lease unlawful detainer fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional. grant deed :: n. the document which transfers title to real prop ... rant grantee grantor quitclaim deed habeas corpus :: (hay-bee-us core-puss) n. Latin for "you have the ... nality of a state court conviction. incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy joint :: adj., adv. referring to property, rights or obliga ... ncy joint venture tenancy in common joint tenancy :: n. a crucial relationship in the ownership of real ... ty property tenancy in common title judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.). land :: n. real property, real estate (and all that grows ... See also: real estate real property lease :: 1) n. a written agreement in which the owner of pr ... triple net lease unlawful detainer license :: 1) n. governmental permission to perform a particu ... eement. See also: licensee licensor life estate :: n. the right to use or occupy real property for on ... hter, Sadie, will own the property. lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order. Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta. martial law :: n. a system of complete control by a country's mil ... n and women. See also: military law merger :: n. 1) in corporate law, the joining together of tw ... and taking one, and wife the other. mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed nominal party :: n. a defendant or a plaintiff included in a lawsui ... ed. See also: necessary party party notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice operation of law :: n. a change or transfer which occurs automatically ... atically upon the child turning 18. option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. possessory interest :: n. in real estate, the intent and right of a perso ... o: possess possession real property pour over will :: n. a will of a person who has already executed a t ... invalid trust. See also: trust will preemption :: n. the rule of law that if the federal government ... cs control may parallel each other. promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury property :: n. anything that is owned by a person or entity. P ... rty real property separate property quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion reconveyance :: n. in those states which use deeds of trust as a m ... conveyance. See also: deed of trust reentry :: n. taking back possession and going into real prop ... ages. See also: landlord and tenant resulting trust :: n. a trust implied by law (as determined by a cour ... See also: constructive trust trust right :: 1) n. an entitlement to something, whether to conc ... e also: civil rights marital rights separate property :: n. in community property states (California, Texas ... pouse. See also: community property stakeholder :: n. a person having in his/her possession (holding) ... ment or agreement. See also: escrow statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll substantive law :: n. law which establishes principles and creates an ... are conducted. See also: procedure tenancy by the entirety :: n. joint ownership of title by husband and wife, i ... ee also: community property tenancy tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor trustee :: n. a person or entity who holds the assets (corpus ... es. See also: settlor trust trustor unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice use :: n. the right to enjoy the benefits of real propert ... ay it is only of academic interest. Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Ppaid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleaderpain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony pander :: 1) v. to solicit customers for a prostitute. 2) n. ... ons or favors. See also: prostitute panderer :: n. 1) a person who panders or solicits for a prost ... special interests. See also: pander panel :: n. the list of people selected to appear for jury ... or jury duty. See also: jury venire paper hanger :: n. slang for a person who criminally writes and ca ... ey in them. See also: forgery fraud par :: n. 1) an equal level. 2) the face value of a stock ... common stock preferred stock stock paralegal :: n. a non-lawyer who performs routine tasks requiri ... h less than that for the attorneys. paramount title :: n. a right to real property which prevails over an ... n's claim of title. See also: title parcel :: n. a defined piece of real estate, usually resulti ... See also: real estate real property pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve parens patriae :: (paa-rens pat-tree-eye) n. Latin for "father of hi ... pport custody divorce guardian ward parent :: n. the lawful and natural father or mother of a pe ... natural parent. See also: adoption parental neglect :: n. a crime consisting of acts or omissions of a pa ... usive or sexually predatory person. pari delicto :: adj. equal fault. See also: in pari delicto ... al fault. See also: in pari delicto parish :: n. 1) a geographic area served by a church (partic ... overnmental equivalent of a county. parody :: n. the humorous use of an existing song, play, or ... l significance. See also: copyright parol :: adj. oral. See also: parol evidence rule ... oral. See also: parol evidence rule parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. |