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Simple English definitions for legal terms

claim of right

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A quick definition of claim of right:

A claim of right is a defense used in the past by someone accused of stealing something. They would argue that they honestly believed they had a right to the property they took, even if they were mistaken. This defense could also be used in cases of bigamy if the accused believed their previous marriage had been legally ended. It has since been replaced by a defense of honesty. Additionally, a claim of ownership is when someone tries to recover land that was taken from them unjustly by using a writ of course.

A more thorough explanation:

A claim of right is a legal defense used by a defendant who asserts that they took property under the honest but mistaken belief that they had a superior right to it. This defense was commonly used in theft cases and could also be used in cases of bigamy if the defendant believed that their previous marriage had been legally dissolved.

For example, if someone took a car that they believed was rightfully theirs because they had made payments on it, but it turned out that they had missed a payment and the car was repossessed, they could use a claim of right defense.

However, the claim of right defense has been replaced by the defense of honesty, which is a broader defense that covers situations where the defendant honestly believed that their actions were legal or justified.

In addition to being used as a defense in criminal cases, a claim of right can also refer to an owner's action to recover land that was unjustly taken from them. This could be done by employing a writ of course, which was a legal document that allowed the owner to reclaim their property.

For example, if someone built a fence on their neighbor's land without permission, the neighbor could file a claim of right to recover their land and remove the fence.

claim of priority | claim-of-right doctrine

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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