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What are the requirements to install IE9 Beta? Possession versus Ownership legal definition of Possession versus Ownership. The ownership, control, or occupancy of a thing, most frequently land or. Personal Property, by a person. The U. S. Supreme Court has said that . Depending on how and when it is used, the term possession has a variety of possible meanings. Uber 9000 miles x $2 = 18000 Personal Car. People have been doing the math on taxicabs versus car ownership. Leasing vs Buying a Car. Personal Care Products; Electric razors; Facial tissues; Insect repellent; Scales. Ownership: You own the vehicle. Finally, owning a car versus leasing one. As a result, possession, or lack of possession, is often the subject of controversy in civil cases involving real and personal property and criminal cases involving drugs and weapons—for example, whether a renter is entitled to possession of an apartment or whether a criminal suspect is in possession of stolen property. The idea of possession is as old as the related concepts of private property and ownership. Our modern possession laws originated in the ancient Roman doctrines of possessio. English Natural Law inherited most of the Roman possession ideas, and later the British brought their law of possession to the American colonies. Following the War of Independence, state and federal courts continued to use and expand upon the historical notions of possession. Virtual car ownership is already very real in Ireland. Virtual car ownership means having the benefits of using a car when you need and. Meaning of Possession versus Ownership as a. Possession versus Ownership. Although the two terms are often confused, possession is not the same as ownership. No legal rule states that . Likewise, people often speak of the things they own, such as clothes and dishes, as their possessions. However, the owner of an object may not always possess the object. For example, an owner of a car could lend it to someone else to drive. That driver would then possess the car. However, the owner does not give up ownership simply by lending the car to someone else. The myriad distinctions between possession and ownership, and the many nuances of possession, are complicated even for attorneys and judges. To avoid confusion over exactly what is meant by possession, the word is frequently modified by adding a term describing the type of possession. For example, possession may be actual, adverse, conscious, constructive, exclusive, illegal, joint, legal, physical, sole, superficial, or any one of several other types. Many times these modifiers are combined, as in . Actual possession, also sometimes called possession in fact, is used to describe immediate physical contact. For example, a person wearing a watch has actual possession of the watch. Likewise, if you have your wallet in your jacket pocket, you have actual possession of your wallet. This type of possession, however, is by necessity very limited. Frequently, a set of facts clearly indicate that an individual has possession of an object but that he or she has no physical contact with it. To properly deal with these situations, courts have broadened the scope of possession beyond actual possession. Constructive Possession. Constructive possession is a legal theory used to extend possession to situations where a person has no hands- on custody of an object. Most courts say that constructive possession, also sometimes called . Derose, 7. 4 F. 3d 1. For example, people often keep important papers and other valuable items in a bank safety deposit box. Although they do not have actual physical custody of these items, they do have knowledge of the items and the ability to exercise control over them. Thus, under the doctrine of constructive possession, they are still considered in possession of the contents of their safety deposit box. Constructive possession is frequently used in cases involving criminal possession. Criminal Possession. Both federal and state statutes make possession of many dangerous or undesirable items criminal. For example, the federal statute 2. An experiment on Uber vs. Lyft and car ownership vs. Because driver’s PRIMARY personal policy carrier is NOT aware that the individual is working.U. S. C. A. Likewise, the possession of other items considered harmful to the public, such as narcotics, Burglary tools, and stolen property, is also made criminal under various laws. Criminal possession, especially of drugs, has been a major source of controversy. Making possession a crime allows for arrests and convictions without proving the use or sale of a prohibited item. Historically, actual possession was required for a criminal possession conviction. Beginning in the 1. The federal Prohibition of intoxicating liquors spawned several cases involving criminal possession. In one of the first criminal cases to use constructive possession, the court found a defendant guilty of possessing illegal liquor in trunks in the actual possession of another person (People v. Vander Heide, 2. 11 Mich. Subsequent cases, especially narcotics cases, have continued to expand the law of criminal possession. Possession and Intent. In civil cases intent is rarely a part of possession. However, in criminal cases possession usually requires conscious possession. In other words, the person must be conscious of the fact that the item is illegal and that he or she possesses it. A person with possession of illegal drugs may avoid conviction if he or she believed the drugs were legal. Generally, to be guilty of criminal possession, a person must either know the item is illegal when it is received or must keep possession of the object after learning it is illegal. Further readings. Lafave, Wayne R., and Austin W. Substantive Criminal Law. Paul, Minn.: West. Singer, George H. By possession is meant a country which is held by. In this sense Possession differs from a dependency, which belongs. POSSESSION, property. The detention or enjoyment of a thing which a man. By the possession of a thing, we always conceive the condition, in. Thus, the. seaman possesses his ship, but not the water in which it moves, although he. In order to complete a possession two things are required. That. there be an occupancy, apprehension, (q. That the taking. be with an intent to possess (animus possidendi), hence persons who have no. But. an infant of sufficient understanding may lawfully acquire the possession of. Possession is natural or civil; natural, when a man detains a thing. See, as to. possession of lands, 2 Bl. Parties, 1. 78; 1 Mc. Lean's R. Possession is also actual or constructive; actual, when the thing is. Constructive, when a. Occupancy; as, when the owner of a lot of land, regularly laid out, is in. What removal of property or loss of possession will. Chit. Law, 9. 19; 1. Jurist. 1. 4; Etienne, h. Possession, in the civil law, is divided into natural and civil. The. same division is adopted by the Civil Code of Louisiana. Natural possession is that by which a man detains a thing corporeal. Natural possession is also defined to be the corporeal detention. Possession is civil, when a person ceases to reside in a house or on. It is the detention of a thing. Possession applies properly only to corporeal things, movables and. The possession of incorporeal rights, such as servitudes and. Possession may be enjoyed by the proprietor of the, thing, or by. To acquire possession of a property, two things are requisite. The corporeal possession of the. Possession is lost with or without the consent of the possessor. It. is lost with his consent, 1. When he transfers this possession to another. When he does some act, which. A possessor of an estate loses the possession against his. When another expels him from it, whether by force in driving him. 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