I. FIRST IN TIME: ACQUISITION OF PROPERTY BY DISCOVERY, CAPTURE, & CREATION (1-56, 91-124)

Question 1

replevin

Answer 1

a lawsuit that enables a person to get back personal property taken wrongfully or unlawfully and get compensation for resulting losses

Question 2

First-in-Time Rule

Answer 2

first person to take possession of a thing owns it

Question 3

Johnson (π) v. M’Intosh (∆)

Answer 3

ct held the M’Intosh grant was valid bc Indians are only occupants who can’t transfer absolute title to others (can only transfer their occupation rights)

Question 4

Rule of Capture

Answer 4

be the 1st to reduce it to clear and unambiguous possession (if you kill it, it’s yours)

Question 5

Pierson v. Post

Answer 5

individuals do not have property in wild animals until they bring the animal within their UNEQUIVOCAL CONTROL and deprive them of their natural liberty (through killing or capturing)

Question 6

couria

Answer 6

Currency → couria → to run

Question 7

Ghen v. Rich

Answer 7

Court says Custom should apply, but the application must be extremely limited and not place high costs on 3rd parties. Also should appeal to common sense, cannot be something crazy. Differences in capturing whale and capturing fox; law must take these into account (bomb-lance is the best way to “capture” the whale.)

Question 8

Constructive possession

Answer 8

deem as possession even though you really don’t possess

Question 9

Keeble v. Hickeringil

Answer 9

Duck case. One cannot interfere with another’s attempts to trap or capture an animal in order to frustrate his efforts if you are not attempting to capture the animal. Malicious interference with trade is actionable because it benefits no one – society loses value of birds coming to market (Hickeringill’s actions are wasteful).

Question 10

Ratione soli

Answer 10

“According to the soil”; justification for assigning property rights to landowners over resources found on their land, owner of land has constructive possession (landowners regarded as prior possessors of any animal farae naturae until the animals take off)

Question 11

Ferae naturae

Answer 11

“Nature/wild animals”; Property that is unowned and must be captured (like the fox).

Question 12

πHammonds v. ∆Central Kentucky Natural Gas Co.

Answer 12

Old lady Hammonds the operator

∆ not liable bc once oil was returned to its “natural wild and free state” they are to be treated like wild animals (leg later remedied the judgment after Hammonds by saying that once Gas Co. captures, reinjection acts like a “cage” for the fox; thus Hammonds cannot freeload)

Question 13

Communal property

Answer 13

Each member has equal and undivided interest in all community property; every one has a right to use, and no member can exclude another member.

Question 14

Problem with communal property according to Demsetz

Answer 14

externalities

Question 15

Coase Theorem

Answer 15

In a world of zero transaction costs the person (between A and B) who values the right more will have it – maximum efficiency

Question 16

Law of Accession

Answer 16

When one person adds to the property of another by labor alone, the general rule is that if you took it willfully then property goes back to A, REGARDLESS. Can’t argue that you put it to “better use”.

Exception: If B acted in good faith and significantly increased value, then B will get to keep final product, but must pay A for his property.

Question 17

Moore

Answer 17

ct held Moore did not have property right in his spleen following its removal from his body by drs who made it into a patented cell line of great commercial value

Question 18

Jacque v. Steenberg Homes

Answer 18

JACQUEline laughs too much.

Owner has absolute property right even if moral duty says otherwise (even if reasonable necessity dictates owner should give way). Ct decided nominal damages weren’t sufficient so awarded punitive damages despite finding that no damage was caused.

Question 19

State v. Shack

Answer 19

Ct overturns charges of trespass against ∆s who went on π’s land to visit migrant workers and give them aid (i.e. medical attention and legal aid). Right to exclude not absolute: must allow people to come on property for public policy reasons (i.e. aiding migrant workers).

Question 20

Qui prior est tempore potior est jure

Answer 20

who is prior in time is stronger in right

Question 21

res nullius or terra nullius

Answer 21

a thing or territory belonging to no one (relating to the idea that only new territories can be discovered)

Question 22

hostem humani generis

Answer 22

enemy of mankind

Question 23

de mortuis nil nisi bonum

Answer 23

don’t speak ill of the dead

Question 24

tempora mutantur

Answer 24

times change

Question 25

animus revertendi

Answer 25

animal that intends to return

Question 26

Pocono Springs Civic Assoc., Inc. v. MacKenzie

Answer 26

MacKenzie loves BritSpears=ToXic

The land was ToXiC and had negative value, which made it difficult to unload. Can’t get rid of the land or the covenant to pay homeowners dues that goes with it.

Question 27

Hawkins v. Mahoney

Answer 27

Escape prison case. Abandonment of his stuff was conditional that he would successfully escape. Hawkins showed he didn’t intend to abandon his property when he returned to the prison and requested for it prior to it being claimed by anyone else. He regained his ownership when he requested it be returned to him. By writing p’s name on the box, d was acknowledging it was still p’s.

Question 28

Eyerman v. Mercantile Trust Co.

Answer 28

Johnston died and in will directed that home at #4 Kingsbury place be razed and land upon which it is located be sold with proceeds going to estate. Kingsbury place was a private place established by trust indenture. Senseless destruction serving no apparent good purpose is disfavored. Well-ordered society cannot tolerate waste and destruction of resources when such acts directly affect important interests of other members of that society. Enforcing would be in violation of public interest of the state.