Dictionary Terms

Question 1

Lockean Labor Theory

Answer 1

a person gains ownership of something by mixing their labor with a naturally occurring resource

Question 2

Primary Acquisition

Answer 2

acquiring a resource that has never been owned by someone else

Question 3

Personal Property

Answer 3

tangible and moveable

Question 4

First in Time

Answer 4

The person who finds the property has a claim of ownership that is absolute, except with regards to the true owner

Question 5

Doctrine of Discovery

Answer 5

The first european nation that that sites a terra nullius is the owner so long as they make an effective occupation (seize/take/possess) within a reasonable amount of time.

Question 6

Terra Nullius

Answer 6

Land of no one

Question 7

Ferae Naturae

Answer 7

wild animal

Question 8

Occupancy of Animal Ferae Naturae

Answer 8

the actual corporeal possession of them

Question 9

Capture of a wild animal once it leaves one’s private property

Answer 9

The general rules is that once a previously captured wild animal escapes from something that would otherwise constitute capture, the animal is no longer under capture and considered fair game. However, an individual retains constructive possession of the wild animal in this situation if: 1) the animal has animus rivertendi (spirit of returning); and 2) the captor put third parties on (actual or constructive) notice of the animal’s capture.

Question 10

Animus Rivertendi

Answer 10

spirit of returning

Question 11

Depriving Animal of Natural Liberty

Answer 11

alter its natural state

Question 12

Ejectment

Answer 12

an action to recover real property in wrongful possession from someone else

Question 13

Fugitive Resource

Answer 13

Anything in the commons that is moving (i.e. water, oil, whales, etc)

Question 14

Actual Notice

Answer 14

occurs when the defendant knew the property belonged to someone else

Question 15

Capture of a Fugitive Resource

Answer 15

must: 1) show unequivocal intention to take it; 2) deprive it of its natural liberty (alter natural state); and 3) subject it to your complete and continuous control (did not specify how much control - assumed you must kill it) (Pierson v. Post)

Question 16

abandoned property

Answer 16

a property that is voluntarily relinquished with no intent to reclaim it

Question 17

Constructive notice

Answer 17

occurs when a reasonable person would infer the property would belong to someone else.