Occupatio ( "seizing") is the figure of speech whereby one introduces and responds to a counterpoint before his opponent has the chance to make it. It is opposed to apophasis, where the rhetorician feigns unwillingness to discuss a topic he or she is interested in.
- "Some may ask why we should go to such expense, but I believe this project is worthy of any expense taken."
- "I believe this argument has been logically concluded, but doubtless my opponent will respond to me anyway out of his compulsive desire to have the last word."
Occupatio was an original method of acquisition of ownership of un-owned property (res nullius) in Roman law by occupying with intent to own.
There are 3 requirements: 1. The property must not be owned (res nullius) 2. You must occupy the property (have physical control) 3. You must have the intention to own the property.
In Rome, abandoned property was res nullius; in other jurisdictions nowadays, abandoned property typically falls to the state.