First Possession

Question 1

Possession by discovery

Answer 1

first in time, first in right.

Discover of land has right to land if they were the first to discover on undiscovered or unknown land.

Doesn’t apply.

Doesn’t apply to real property

Question 2

Possession by conquest

Answer 2

taking possession of enemy territory through force followed by formal annexation of the defeated territory by the conquest.

Question 3

Law of ascension

Answer 3

by labor alone allows one to try to claim property. Indians were a part of nature not working the nature. Limitation on acquiring: there must enough for everyone, only get what you need.

Question 4

Progressive property theory

Answer 4

reject the notion that the right to exclude is essential to ownership and consider property’s social nature as key to understanding property relations. Ownership is a matter of obligations and rights. Reject the idea that any one value or good is the foundation of property. Pluralististic concept including individual autonomy, personhood, security, equal dignity and community.

Question 5

The Rule of Capture

Answer 5

A person who first captures otherwise unowned resources is entitled to the resources. Whoever is prior in time wins.

Question 6

Capture of Wild Animals

Answer 6

Capture is required to obtain an animal. Merely chasing the animal is not enough. Reasons: (1) Competition (2) Ease of Administration

Question 7

Acquisition by Capture: Pierson v. Post

Answer 7

(fox hunting)Property in wild animals is only acquired by occupancy, and pursuit alone does not constitute occupancy or vest any right in the pursuer

Question 8

Rights to Water, Oil, and Gas

Answer 8

Subject to rule of capture: whoever finds it first get a superior right

Question 9

3 Elements of Property Rights - Demsetz

Answer 9

1. Expectations of land
2. Benefits of Land
3. Consent of peers to alter

Question 10

Riperion

Answer 10

people who are closest to the water will get the water

Question 11

Endowment effect

Answer 11

valuing something more if you own it. Irrationally holding onto something because you have ownership over it. The theory that if you give someone something, the land will be sold for the highest value person for the land

Question 12

Utilitarian theory of property

Answer 12

Dominant view. Primary function of property rights is to promote the efficient use of resources

Question 13

International News Service v. Associated Press

Answer 13

(stealing news based on time difference) Publication for profit of news obtained from other news-gathering enterprises is a misappropriation of a property right

Question 14

Quasi-Property Right

Answer 14

to own a piece of property butt not own it completely. A type of relationship with the object but not ownership of the object

Question 15

Copyright Infringement

Answer 15

1. Owner of a valid copyright
2. D copied the work
3. The copying was so much that the two works are substantially similar

Question 16

Sine qua non

Answer 16

Copyright of originality. Work must be original to the author

Question 17

Fair Use Analysis - 4 Factors (Harper - Ford’s biography)

Answer 17

1. The purpose and character of the use
2. The nature of the copyrighted work
3. The substantiality of the portion in use in relation to the copyrighted work as a whole
4. The effect on the market of the copyrighted work

Question 18

Fair Use - Definition

Answer 18

an affirmative defense to a claim of copyright infringement providing an exception from the copyright owner’s exclusive rights in a work for the purposes of criticism, comment, news, teaching, scholarship or research.

Question 19

Doctrine of Discovery

Answer 19

you have claim to a title of land that is previously “undiscovered”. It reaffirmed the right of European nations to their land because the European nations had already been discovered.

Question 20

Inalienable property

Answer 20

Indians have right to ancient Indian artifacts - inalienable property

Question 21

Locke’s Labor Theory

Answer 21

Law of Accession. One acquires property through the use of land by labor and altering the state of the land by their labor.

Question 22

Locke’s provision

Answer 22

Outsiders only a right to what was left for others. Don’t take too much and leave some for others.

Question 23

Constructive Possession

Answer 23

intent to capture and restrict animals natural freedom

Question 24

Ratione Soli

Answer 24

According to the soil, property rights to landowners over resources found on their land. Owner of land has possession of wild animals on an owner’s land

Question 25

Ferae Naturae

Answer 25

Wild animal, doesn’t become property until it is in firm possession by taker

Question 26

Prior Appropriation Doctrine

Answer 26

The person who first captures water and puts it to reasonable and beneficial use has a right superior to later appropriators

Question 27

Externalities

Answer 27

Extra costs, external benifits. When some person makes a decision without taking into full account the effects of their decisions on others.

a. Encourages misallocation of resources
b. Free-rider problem
c. Can be negative
d. Apply to box of four: LIABILITY

Question 28

Primary function of property rights

Answer 28

to achieve a greater internalization of externalities (beneficial and harmful effects

Question 29

Communal Ownership

Answer 29

rights exercised by all members of the community. Can over benefit without paying costs

Question 30

Tragedy of Common

Answer 30

resources owned in common will always be abused without government intervention

Question 31

Right to Include/Exclude

Answer 31

right to permit or deny one use of possession

Question 32

Constructive possession

Answer 32

intent to capture and restrict animals natural freedom. Whoever deprives the freedom of the animal gets it pursuit is not a possession

Question 33

Fugitive resources

Answer 33

when fugitive resources escape they are restored to their natural and free state and become common property

Question 34

Quasi- Property

Answer 34

published news, makers keep even Indians

Question 35

Copyright Infringement

Answer 35

1. Holds valid copyright
2. D copied the work
3. The copying was an improper appropriation – the copyright holder must show that the D copied so much of the original material that the two works are substantially similar

Question 36

Improper Appropriation

Answer 36

the copyright holder must show that the D copied so much of the original material that the two works are substantially similar

Question 37

Patentability

Answer 37

Includes things that are not found in nature so can be patentable