Latin for Lawyers

L ATIN FOR L AWYERS

POSSESSION [L. possidere / to have or possess] The act or condition of retaining or having control over an object or thing. The law defines many types of possession . Actual possession is immediate and direct control or dominion of a thing. Adverse possession is occupancy, control or dominion of a thing, especially of real estate, which is open and hostile to the claim of the owner and which may ultimately result in accession to title if the hostile possession is continued over a prescribed number of years. Constructive possession is possession which is not direct or actual but which is claimed and established by virtue of some legal right. POSSESSORY [L. possidere / to have possession of] Relating to possession; growing out of possession. A possessory action is an action to recover possession of property, as distinguished from a petitory action (an action to confirm title). Also, an action founded on possession. A possessory lien is the right of a creditor to retain possession of an object until his claim is paid. A possessory interest is an interest entitling one to retain sole possession of property; the interest may be based upon title or upon some lesser interest, such as a tenancy for years. See PETITORY POST After, behind. POST DIEM [L. post + dies / day, daytime] After the designated date. A payment which is made after the maturity date is a payment post diem . POSTERITY [L. posterus , posteritas / following, next, coming after; future generations] All the offspring and descendants of a person till the last of the possible gen erations. All future generations. POST FACTO [L. post + facere / to make or do] After the fact. After the deed is done. Following commission of a crime. See EX POST FACTO POST HOC [L. post + hic , haec , hoc / this person, this thing] After this; after this event; hereafter. The period after an accident or other event having leqal consequence. POST HOC ERGO PROPTER HOC Because that occurred, then this occurred as a direct result.

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