What follows is a discussion of the five primary legal issues that inform pleading, proving, and defending against a credit or debit card larceny pursuant to Article 121: (1) the applicable theories of larceny; (2) the requirement of a tangible res; (3) the possessory interests in a creditor-debtor relationship; (4) the importance of "ownership"; and (5) the impact of an agency relationship.
The Ninth Circuit expressed the opinion that if Congress had intended to impose strict liability on holders of mere possessory interests in real property, it would have spoken clearly on the issue, rather than framing the statute in an ambiguous manner.
204) The Ninth Circuit then observed that Long Beach demonstrates that there is a relevant distinction between absolute title ownership to real property and mere possessory interests in real property for the purposes of CERCLA owner liability.
Vocabulary/Key Words Bombing (Internet) Domain Name Burden-of-Proof Intellectual property Civil law Keywording Corporation Keywords Copyright Linking Criminal Law Megatags Cybergripers Metatagging Cyberjustice Non-Profit Corporation Cyberlaw Pagejacking Cyberpiracy Patriot Act Cybersquatting Possessory interest Cyberstuffing Private non-profit Dilution by Tarnishment Trespass-to-Chattel Domain Protest Site Uniform Resource Locater (URL) Due Process of Law Search Engine E-mail Spamming First Amendment Freedom of Speech Spoofing Framing Trademarks Infringement Typosquatting in rem Internet
Escheat is a process wherein the state takes possessory interest in an owner or apparent owner's property and holds the property into perpetuity on behalf of the owner or apparent owner until it is claimed by the owner or the owner's heirs.