"First" Possession

Question 1

Johnson v. M’Intosh

Answer 1

Allowed the American settlers to “own” the land of the inhabitants. Argument that not recognizing such purchases would force the double purchase of lands from Indians

Question 2

What is discovery.

Answer 2

The sighting or finding of unknown/unchartered territory; symbolic taking of possession. If I were to discover new lands, it would be claimed by my sovereign

Question 3

Pierson v. Post Rule

Answer 3

Requirements: 
Intent
Destoy Natural Liberty
Certain Control
Examples: 
Manucapture
Mortal wounding without abandoning pursuit
Nets/toils/traps

Question 4

Acquisition by Creation

Answer 4

Locke’s Labor Theory: When a person works, that labor enters into the object. Thus, the object becomes the property of that person. Exclusive ownership. Take an object out of the state of nature and make it different. Limitation: (1) You must do enough work to make it yours. (2) there must still be goods enough left in common for others.

Question 5

Patents

Answer 5

granted for novel, useful, and nonobvious processes or products.
Last for 20 years from initial application

Question 6

Copyrights

Answer 6

protect expression of ideas (not ideas themselves) in books, etc…
Ordinarily last 70 years after death of author or creator

Question 7

Trademarks

Answer 7

arise out of the use of a mark in commercial activity.

Lost when abandoned or become generic

Question 8

First in time

Answer 8

Being there first justifies ownership

Question 9

Pierson v. Post (1805)

Answer 9

Property in wild animals is acquired by occupancy (at least mortally wounding/capturing from a distance, & at most physical possession). Rule 2 - Mere pursuit of an object, no matter how near attaining the object the pursuer, is not enough to constitute possession. Occupancy requires bodily possession (manucapture), mortal wounding, or the ability to escape being highly impaired (deprived of actual liberty).