What is the law on 9/10th possession?

Possession is nine points of WHICH law?

• In the phrase "Possession is nine points of the law": 1. Which law does it refer to? (i.e., what country and what century)? 2. Exactly what ARE the points of the law? Between http://www.answers.com/possession+is+nine+points+of+the+law&r=67 and http://www.dictionary.net/nine+points+of+the+law I can come up with: a good lawyer, good witnesses, a good jury, a good judge, good luck, and weight of authority - but that's only six.

• Answer:

  Dear pbevin-ga; Excellent question! Your first question assumes that the phrase actually refers to a set of known laws, and your second question assumes that the statement is true where ownership is concerned. I dispute both and I?ll explain why: First, the phrase, which typically goes, ?Possession is NINE-TENTHS of the law? (rather than ??nine POINTS of the law?), is a very old (probably ancient) saying that, as far as I know, refers to no nine issues in particular. It merely serves to make a point that one who has physical control of his property is clearly at an advantage should his rightful ownership of the property ever be subject to challenge. The old saying that ?possession is nine tenths of the law? is said to be a precept from old English Common Law (but other sources claim it is much older). As you might imagine, the adage relates to a property owner?s ability to possess, use and dispose of property as he saw fit. It is relative to one person telling another person who he can and cannot utilize his property, rather than a disputed ownership. Secondly, the aphorism that "possession is nine-tenths of the law" is not a law at all, but a logical rule of force that has been recognized for ages. In other words, it does not requires a law degree to know that a person who can prove himself the owner of property to an assurance of nine-tenths probability is clearly at an advantage over someone who cannot. The rule here is (or ?was? perhaps, back when the world was probably a bit more honest than it is today) that in many cases physical possession alone establishes this measure of rightful ownership and legal control outside of court (Though we know is this day and age that the rule doesn?t always hold true, don?t we? This in itself proves the adage is not an actual law, but a rule of thumb.) In civil law consider Law.com?s definition of ?possession?. It has very little to do with OWNERSHIP at all: The phrase ?possession is nine-tenths of the law? does not imply that any person who holds any property is the rightful owner. To the contrary?what it does imply is that any person who is in possession of his RIGHTFULLY OWNED PROPERTY is the sole controller of that property and may do whatsoever he wishes without regard to what any one else wishes. ?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.? LAW.COM http://dictionary.law.com/default2.asp?selected=1555&bold=%7C%7C%7C%7C So, as you can see, ?Possession is nine-tenths of the law? is not a law at all, nor does it in reality point to nine specific issues of law. It is only a fundamental truism that has been an obvious fact of common knowledge since the advent of civilized law. Even then, possession is only ?nine-tenths of the law? if legal ownership is established; otherwise possession is not ?nine-tenths of the law?. . . it is theft. I hope you find that my research exceeds your expectations. If you have any questions about my research please post a clarification request prior to rating the answer. Otherwise I welcome your rating and your final comments and I look forward to working with you again in the near future. Thank you for bringing your question to us. Best regards; Tutuzdad-ga ? Google Answers Researcher INFORMATION SOURCES LAW.COM http://dictionary.law.com/default2.asp?selected=1555&bold=%7C%7C%7C%7C JURISDICTIONARY http://www.jurisdictionary.com/dictionary/dictionary%20p.htm SEARCH STRATEGY SEARCH ENGINE USED: Google ://www.google.com SEARCH TERMS USED: ?Possession is nine-tenths of the law? ?Possession is nine points of the law?