Need A Legal Eagle

[anna]

Is there a distinction in Law between "anything" and "any thing"?

[*Bones*]

the new government act of 2009 says they can.

Local government law does not override federal law. No one may be on your property without your permission unless they (police) are arresting you. This has been tested time after time in court for the same results. However, entry by council officers is ok - according to local law - to seize a prohibited dog breed, or the rSPCA - because these have not been tested in federal court.

[dogslife]

Local government officers do have some special rights to enter a property. BUT it is clearly listed why and when, and under what circumstances they can enter.

[raz]

tHE QUESTION BEING:

In law is an animal a thing.

I believe an animal is not a thing as it is a living entity but once it is dead it then becomes a thing is this right.

According to the dictionary I have, a thing is a amminate object. and it also says a living breathing entity becomes a thing once deceased.

so as most people can see there is no drama it is a simple question that does not need a big long story why I want the answer, as unlike some I dont display my life on forums.

thankyou for your time the ones that answered.

If someone steals your dog, it's a thing. No different to stealing your car or stereo which dont breathe either. Be happy about the legal definition - it may one day help you (fingers crossed you never need it)

[Danois]

I have asked a simple question and I should have known better that I would not get one from most people here without putting the whole saga on here.... so as most people can see there is no drama it is a simple question that does not need a big long story why I want the answer, as unlike some I dont display my life on forums.

*snipped quote*

You might not want to put the question into context but unfortunately the law does not work in a bubble. How something is defined and how the law applies to it all depends on the particular circumstances/ issue and a 'legal eagle' can't give a proper answer without knowing the facts.

Sounds like you're best going to see a lawyer and getting a definitive answer from them after they have considered the facts.

[espinay2]

Thought not I lawyer part of my job is to actually draft and interpret legislation. What you have been told is right. The answer to your question can depend on context and the specific legislation being referred to. Definitions can be legislation specific and what it means in one document can have a different meaning in another. And a dictionary definition is rarely relevant. Without specifics any answer given may be at best, very general and at worst dangerous and misleading. If you want a more specific opinion on the law than you have already been given without revealing case details, IMO your best, and safest, option is to talk directly to a lawyer.

[Liath]

If someone steals your dog, it's a thing. No different to stealing your car or stereo which dont breathe either. Be happy about the legal definition - it may one day help you (fingers crossed you never need it)

I adopted dog from RSPCA, she had been dumped, covered in ticks, fleas, had to be shaved cause she was sooo matted. 5 months later, she was stolen from my yard, police called. Dog located. People said it was their dog, missing 12 months. Police did nothing. Possession is 9/10's of the law. It was a dog. The officer told me that if it was a car or boat then they would do something. Police said they do not have facilities to hold dog while it goes to court. I was offered mediation to try and talk them into getting my dog back. RSPCA would do nothing either.

A dog maybe a thing in the eyes of the law but because it breathes they dont want to know about it.

[Parkeyre]

Dead or alive; in the eyes of the law; any pet is property (you own it) and is a thing rather then an entity.

[dogslife]

If someone steals your dog, it's a thing. No different to stealing your car or stereo which dont breathe either. Be happy about the legal definition - it may one day help you (fingers crossed you never need it)

I adopted dog from RSPCA, she had been dumped, covered in ticks, fleas, had to be shaved cause she was sooo matted. 5 months later, she was stolen from my yard, police called. Dog located. People said it was their dog, missing 12 months. Police did nothing. Possession is 9/10's of the law. It was a dog. The officer told me that if it was a car or boat then they would do something. Police said they do not have facilities to hold dog while it goes to court. I was offered mediation to try and talk them into getting my dog back. RSPCA would do nothing either.

A dog maybe a thing in the eyes of the law but because it breathes they dont want to know about it.

Actually the police were wrong here. If you could produce the receipt from the RSPCA and the dog was microchipped into your name then the dog is yours and they have to help you.

You do not have to go to the court.....if you have the receipts and micro chip then talk to a senior officer to get your dog back.

The previous owners lose their rights once the 14 day period for a lost dog expires and the dog is onsold by the RSPCA.

[Parkeyre]

If someone steals your dog, it's a thing. No different to stealing your car or stereo which dont breathe either. Be happy about the legal definition - it may one day help you (fingers crossed you never need it)

I adopted dog from RSPCA, she had been dumped, covered in ticks, fleas, had to be shaved cause she was sooo matted. 5 months later, she was stolen from my yard, police called. Dog located. People said it was their dog, missing 12 months. Police did nothing. Possession is 9/10's of the law. It was a dog. The officer told me that if it was a car or boat then they would do something. Police said they do not have facilities to hold dog while it goes to court. I was offered mediation to try and talk them into getting my dog back. RSPCA would do nothing either.

A dog maybe a thing in the eyes of the law but because it breathes they dont want to know about it.

This could have been avoided if your dog was microchipped and in your name.