Finder's Law

Question 1

Lost Property

Answer 1

Typically goes to finder until TO reclaims

Question 2

Mislaid Property

Answer 2

Constructive Possession by current possessor until TO reclaims

Question 3

Abandoned Property

Answer 3

Intentionally relinquish rights without intent to confer rights to someone else. (1) intent to relinquish; (2) act to relinquish

Question 4

Treasure Trove

Answer 4

Typically treated as lost or mislaid property

Question 5

Bailment

Answer 5

right of possession without true ownership. Can be voluntary or involuntary.

Question 6

Acquisition by Gift (Inter Vivos)

Answer 6

(1) Intent to immediately transfer ownership;
(2) Delivery- 3 types: (Actual) is preferred, if gift can be delivered, it must be. (Constructive) such as a key to open a safe. If gift is unable to be actually delivered constructive delivery is permissible. (Symbolic) such as deed or or written document is least preferred by courts because of potential for fraud; and
(3) Acceptance. Generally presumed unless there is an intent not to accept.

Question 7

Acquisition by Gift (Causa Mortis)

Answer 7

Intent, Delivery, and Acceptance + Subjective belief that death is near and there must be an objective threat related to the subjective belief.
If it is a valid gift, it WILL trump a WILL.