access


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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

n. 1) in real estate the right and ability to get to the property. 2) when a husband has the opportunity to make love to his wife, it is said he has access. This rather vulgar use of "access" has been important because if a husband "had access" to his wife during the time when she became pregnant, it is presumed he is the father. Modern use of blood tests and DNA studies may show the father to be someone other than the husband whether the husband "had access" or not. (See: egress, paternity suit, DNA)

access

(Opening), noun accessibility, approachability, availability, chance, means, occasion, open position, opportunity, possibility, unfilled place, vacancy

access

(Right of way), noun accessus, adit, aditus, admittance, approach, course, direct approach, entrance, entrance way, entry, ingress, inlet, means of access, means of approach, opening, passage, passageway, path, right of entry, road, route, way, way in, way of approach, way through
See also: admission, admittance, entrance, entry, ingress, outlet, portal

access

1 the opportunity to see and visit a child in cases where spouses have separated or divorced and care and custody of a child have been awarded to one spouse. The granting of access and the terms on which it is granted are within the discretion of the court. In both England and Scotland the appropriate order would be a contact order. See SECTION 8 ORDER.
2 this term when used in deeds signifies the right to go into a property and, often combined with egress, the right to go out of it.

ACCESS, persons. Approach, or the means or power of approaching. Sometimes by access is understood sexual intercourse; at other times the opportunity of communicating together so that sexual intercourse may have taken place, is also called access. 1 Turn. & R. 141.
     2. In this sense a man who can readily be in company with his wife, is said to have access to her; and in that case, her issue are presumed to be his issue. But this presumption may be rebutted by positive evidence that no sexual intercourse took place. lb.
     3. Parents are not allowed to prove non-access, for the purpose of bastardizing the issue of the wife; nor will their declarations be received after their deaths, to prove the want of access, with a like intent. 1 P. A. Bro. R. App. xlviii.; Rep. tem. Hard. 79; Bull. N. P. 113; Cowp. R. 592; 8 East, R. 203; 11 East, R. 133. 2 Munf. R. 242; 3 Munf. R. 599; 7 N. S. 553; 4 Hayw R. 221, 3 Hawks, R 623 1 Ashm. R. 269; 6 Binn. R. 283; 3 Paige's R. 129; 7 N. S. 548. See Shelf. on Mar. & Div. 711; and Paternity.

References in classic literature ?
Mean while the winged Haralds by command Of Sovran power, with awful Ceremony And Trumpets sound throughout the Host proclaim A solemn Councel forthwith to be held At PANDAEMONIUM, the high Capital Of Satan and his Peers: thir summons call'd From every and Band squared Regiment By place or choice the worthiest; they anon With hundreds and with thousands trooping came Attended: all access was throng'd, the Gates And Porches wide, but chief the spacious Hall (Though like a cover'd field, where Champions bold Wont ride in arm'd, and at the Soldans chair Defi'd the best of Panim chivalry To mortal combat or carreer with Lance) Thick swarm'd, both on the ground and in the air, Brusht with the hiss of russling wings.
On the sides of the apartment hung implements of war and of the chase, and there were at each corner folding doors, which gave access to other parts of the extensive building.
Access from the roadway was by a rough wooden gate in the hedge.
Lastly, That, upon his solemn oath to observe all the above articles, the said man-mountain shall have a daily allowance of meat and drink sufficient for the support of 1724 of our subjects, with free access to our royal person, and other marks of our favour.
It had been mad of him to have allowed the thing to remain, even for an hour, in a room to which any of his friends had access.
Why, in a final access of pity, had she insisted on flinging, as a last sop to that dcmon's soul, her divine song:
As he had a smooth tongue and good manners, he really did very well in his new profession, and he devoted himself specially to making friends with the servants in big houses, so as to gain access to their masters.
The criminal code of every country partakes so much of necessary severity, that without an easy access to exceptions in favor of unfortunate guilt, justice would wear a countenance too sanguinary and cruel.
Nor is this all: as the legislative department alone has access to the pockets of the people, and has in some constitutions full discretion, and in all a prevailing influence, over the pecuniary rewards of those who fill the other departments, a dependence is thus created in the latter, which gives still greater facility to encroachments of the former.
My Lords," said the President to the Junior Circles of the Council, "there is not the slightest need for surprise; the secret archives, to which I alone have access, tell me that a similar occurrence happened on the last two millennial commencements.
The varied landscape afforded by the Andaman Islands was soon passed, however, and the Rangoon rapidly approached the Straits of Malacca, which gave access to the China seas.
A journalist obtained access to his laboratory in the capacity of laboratory-assistant, with the deliberate intention of making sensational exposures; and by the help of a shocking accident