First Possession Flashcards
For capture,
What elements are required for achieving first possession by capture? (4)
(1) Mortal wounding, and (2) not abandoning pursuit, (3) with the intention of appropriating the animal to one’s own individual use, such that (4) the hunter has deprived the animal of its natural liberty and brought it within his/her control.
Pierson v. Post: the fox case
When is hunters custom followed?
Hunters custom is followed when the hunting is for a business purpose, not a sport.
Ghen v. Rich: the whale case
How may a person use his property to compete with another?
A perons can use his property to make a profit in direct competition with another, but cannot interfere maliciously with the profitable property of another.
Keeble v. Hickeringill: the duck case
What is ratione soli?
The owner of land has possession of wild animals on the owner’s land; landowners are regarded as prior possessors of any animals on their land until the animal takes off.
What is replevin?
An action to recover the actual property
What is trover?
An action to recover the monetary value of the property.
What is the general idea of creation as first possession?
In the absense of some right recognized at common law or under statute, a person’s property is limited to the personal property which embodies his/her invention. To protect it, need copyright, trademark, patent, etc.
Can competitors copy the work of others?
Others can imitate at their pelasure because (1) it encourages improvement of products available to the public and (2) reduces price.
What is the rule about news as a property right?
The news is a quasi-property right because it requires labor, skill, time, and money to gather that news. There are no property rights against the public at large once it is published, but there are property rights as concerned to competitors. There must be direct competition, and the subsistence or quality of business of the competitor is substantially threatened.
INS v. Associated Press: the news case
