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ACCESS

Freedom of approach or communication; or the means, power, or opportunity of approaching, communicating, or passing to and from. Sometimes importing the occurrence of sexual intercourse; otherwise as importing opportunity of communication for that purpose as between HUSBAND AND WIFE.

In real property law, the term access denotes the right vested in the owner of the land that adjoins a road or other highway to go and return from his own land to the highway without obstruction. Access to property does not necessarily carry with it possession.

For purposes of establishing element of access by defendant in COPYRIGHT infringement action, access is ordinarily defined as opportunity to copy.

Prisoners are entitled to have access to court. Prison officials cannot prevent prisoners from filing papers or appearing in court even if they honestly think that such prevention would help them maintain discipline and good order.

Owners of real property are entitled to some means of access to their property from a road or highway. They do not necessarily need to own a corridor of land from their property to the nearest road, but they may claim an EASEMENT of access.

In a paternity suit, access means the opportunity to have had sexual relations. When there is a question about who is the father of a certain child, it is appropriate for a court to determine which man had access to the mother around the estimated time of conception. A man charged with being the father of an illegitimate child may plead the defense of multiple access—that the mother had several lovers at the time of conception.

Access

© 2005 Thomson Gale, a part of The Thomson Corporation.


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