Concept of Property

Question 1

First Property

Answer 1

Who had it first?

Question 2

What is property ?

Answer 2

Property is defined as rights among people that concerns things.

Question 3

Labor theory

Answer 3

Each person is entitled to property through her labor, according to Locke.

Question 4

Utilitarian Theory

Answer 4

Property exists to maximize the overall happiness of society, according to Bentham; the law and economies variant measures happiness in term of wealth

Question 5

Civic Republic Theory

Answer 5

Property is necessary for democracy to function

Question 6

Personhood Theory

Answer 6

Property is necessary for an individual person’s development, according to Hegal.

Question 7

Implications of Bundle of Rights

Answer 7

Legal positivism
Relative Rights
Divisible Rights
Evolving Rights

Question 8

Legal Positivism

Answer 8

Property rights are defined by government, not by natural law

Question 9

Relative Rights

Answer 9

Property Rights are relative, NOT ABSOLUTE. Rights often conflict, so the law must reconcile competing interests.

Question 10

Divisible rights

Answer 10

Property Rights can be divided in many ways examples; geography, time, persons, and content

Question 11

Evolving Rights

Answer 11

Stability of title is core value. however, the natural scope of property rights may gradually evolve due to changing economic, technological, and social Conditions.

Question 12

Property Rights

Answer 12

Use/ Possess
Exclude
Transfer
Destroy

Question 13

Rule of Capture

Answer 13

Popov. v. Hiyashi
Where an actor undertakes significant but incomplete steps to achieve possession of a piece of abandoned property and the effort is uninterrupted by the unlawful act of others, the actor has a legally cognizable pre-possessory interest.

Question 14

Nuisance

Answer 14

A private nuisance exists when the defendant’s conduct results in an intentional, nontrespassory, unreasonable, and substantial interference with the plaintiff’s use and enjoyment of her land.

Question 15

Intentional

Answer 15

Conduct is intentional if the defendant acts for the purpose of causing harm or knows that harm is resulting or substantially certain.

Question 16

Nontrespassory

Answer 16

Light, odor, noise, vibrations, and other instructions that do not involve physcal entry onto the plaintiff’s land meet this element

Question 17

Unreasonable

Answer 17

In some states, this is conduct that causes substantial harm; inmost states, the gravity of harm must outweigh the utility of conduct.

Question 18

Substantial interference

Answer 18

there must be a “real and appreciable invasion of the plaintiff’s interest , involving more than slight inconvenience or petty annoyance.

Question 19

Use and enjoyment of land

Answer 19

The conduct must affect the plaintiff’s use and enjoyment of land, such as causing damage to the property or personal injury to the occupants.