General

Question 1

Property as a Bundle of Rights

Answer 1

EPUT

 The right to Exclude
 The right to Possess
 The right to Use (including destroy)
 The right to Transfer

Question 2

Theories of Private Property Rights

Answer 2

 First In Time
 Labor-Desert
 Utilitarianism
 Law and Economics  Liberty
 Personhood

Question 3

First In Time

Answer 3

The first person to take occupancy or possession of something owns it.
 Seeks to explain how private property rights arise in unowned or commonly owned natural resources.
Critique: The first in time theory may allocate among users but does not justify the existence of private property.

Question 4

Right of Publicity

Answer 4

In most jurisdictions, a celebrity has a property right to the exclusive use of his name and likeness for financial gain during his/her lifetime.

In some jurisdictions, this right is extended to survive the death of the celebrity and made fully alienable (transferable, inheritable, and devisable).

Question 5

Definition of Trespass

Answer 5

Restatement (2d) of Torts § 158

One is subject to liability for trespass, irrespective of whether he thereby causes any harm to any legally protected interest of the other, if he intentionally

(a) enters land in the possession of the other, or causes a thing or a third person to do so, or
(b) remains on the land, or
(c) fails to remove from the land a thing which he is under a duty to remove.