Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

UAlbany - Property Law - Sp-19 > Midterm > Flashcards

Midterm Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

The stages in Evolution of Rights (4)

A

The Evolution of Rights

  1. The Rise of English Jurisprudence
  2. Social Contract Theory
  3. Definition of Right
  4. John Locke and the Pronouncement of Property Rights
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Elements of the rise of English Jurisprudence (4) (from the evolution of property rights)

A

Stage 1: The Rise of English Jurisprudence

  1. Roman Law
  2. The Development of English Common Law
  3. The Magna Carta
  4. Clerical Philosophy and the Recognition of Natural Law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Elements in the Clerical Philosophy and the Recognition of Natural Law (5) (from the rise of English Jurisprudence)

A

Stage 4. Clerical Philosophy and the Recognition of Natural Law

  1. Magna Carta
  2. 4th Lateran Council
  3. St. Thomas Aquinas
  4. William Ockham
  5. John Wycliffe
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

John Locke’s Treatise and what he declared:

A

Two Treatises on Government

- Natural law provides 3 rights: Life, Liberty and the Pursuit of Property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Where and when was the Magna Carta signed, and by who?

A

The Battle of Runnymede (1215), signed by John I

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What was the Magna Carta foundational for? (2)

A
  1. Modern British Law

2. US Constitution and its Amendments (Bill of Rights)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What did the Magna Carta achieve?

A

Limited power of government and expanded rights and liberties of people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

How many clauses in the Magna Carta, and which are highlighted?

A

63 clauses, highlighted:
Created a council to the King (a forerunner to parliament);
- Freemen access to courts and a fair trial
- Specified many property rights (like infringement by the king and his agents)
- Eliminated unfair fines and punishments
- Gave legal powers to the Catholic Church
- Addressed many lesser specific issues

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What did the Magna Carta not achieve?

A

abolition of slavery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

def: Sovereignty

A

Power of rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

def: postulate

A

a statement that is taken to be true (synonym: axiom)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Postulates of Property law (4)

A

E-PUT
1. Rights vs. Things - Property viewed as a collection of “Rights”
not a collection of “Things”
2. “Intertwined” - Property Rights are those recognized by Law
and the Law evolved from Property Rights
3. Endowed - Our Foundations of Law recognized
that we are endowed with Property Rights
4. E-PUT

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Elements in the 4th postulate of property law (acronym)

A 
E-PUT
E - Exclude
P - Possess
U - Use
T - Transfer
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Types of Property

A
  1. Real (Rights in Land) - Real Estate
  2. Personal (Rights in Objects) and/or Chattels – Tangible, visible “things”
  3. Intellectual (Rights in Ideas).
    • Patents – Idea for Product or Process
    • Trademarks – Logo, Identification or Distinction
    • Copyrights – Written or Performed Works
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

[C4-1] Why Do We Recognize Rights in Property? (5)

A
  • First in Time First in Right - Method to allocate resources not yet owned
  • Labor - Entitled to fruits of your labor
  • Utilitarianism - People respond to incentives - Private Property maximizes overall happiness
  • Economics - Society responds to incentives - Private Property maximizes overall wealth of society
  • Liberty and Personhood - Private Property is essential to the development of a free society and individuals
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

[C4-1] Property Rights Cases

A

One who wrongfully deprives of another’s’ possessory rights is liable to recovery.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

[C4-1] Election of Remedies (theories of recovery) in Property Cases (3)

A
  1. Replevin - an action to recover the chattel itself
  2. Trespass - action to recover money damages incurred by reason of the dispossession
  3. Trover - action to recover the value of the chattel along with damages for dispossession
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

[C4-1] Escheatment - def: escheat

A

Return to the State

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

[C4-2] Rights to personal property are acquired or lost by (8)

A
  1. Transfer – Sale
  2. Occupancy
  3. Adverse Possession
  4. Accession
  5. Confusion
  6. Judgment
  7. When the chattel is lost, mislaid, or abandoned
  8. Gift
20
Q

[C4-2] Property law concerning fructus naturale

A

Plants that grow spontaneously on land considered to be real property (a part of the land) and therefore real.
Therefore, title to the land includes

21
Q

[C4-2] def: Fructus Naturale

A

natural fruits of the land

22
Q

[C4-2] Property law concerning fructus industriales

A

As a general rule, regarded as personal property not real property

23
Q

[C4-2] def: Fructus Industriales

A

crops produced by labor on the part of man

24
Q

[C3-2] Who was Jeremy Bentham and what was he known for?

A
  • Famous positivist legal commentator
  • Linked property rights and the law
  • Quoted in worksheet “Property and the Law are born together and die together.”
25
Q

[C4-2] Lost Property can be kept: (2)

A

If:

  1. Under $20 in value
  2. Reasonable attempt made to find owner
26
Q

[C4-2] Abandoned Property can be kept: (1)

A

Kept by the finder no matter what its value

27
Q

[C4-2] Domesticated Animals are considered what type of property and why?

A

Personal property - They are moveable

28
Q

[C4-2] Wild Animals - In natural state are considered:

A

Unowned

29
Q

[C4-2] Wild animals - When do they become private property?

A

Upon being reduced to possession by a person exercising dominion and control over it

30
Q

[C4-2] Wild animals - What must a person do to be the owner of a wild animal, protected under the law?

A

Must ESTABLISH that they have exercised dominion and control over the animal

31
Q

[C4-2] Wild animals - What case was famous regarding possession of a wild animal? What animal was involved?

A

Pierson v Post

- a fox

32
Q

[C4-3] Wild animals - How can one establish they have possession?

A

Constructive Possession - Animals caught in trap (or net) belong to the owner of trap

33
Q

[C4-3] Wild animals - Mere Pursuit and it’s exception

A

Does not constitute sufficient exercise of dominion and control to establish it as personal property
Exception: Property right is vested to the person who mortally wounded the animal even if someone else does the final blow.

34
Q

[C4-3] Wild animals - Violation of Statute

A

Violating a statute (fails to have a hunting license) forfeits title to animals caught or killed

35
Q

[C4-3] Wild animals - Trespass and the reason

A

Kill animal on another’s land forfeits title in favor of the landowner.
Reason - In order not to promote trespassing
Note: This rule does not change the fact that the animal is unowned (by either person) until reduced to possession

36
Q

[C4-3] Wild animals - Escape

A

Animal escapes and resumes its natural liberty owner loses their property right in it and the animal is again unowned

37
Q

[C4-3] Wild animals - Escape exception

A

Habit of Return (if any of the following are met) proves title is not lost

  1. Can prove an escaped animal has a habit of return to master’s home
  2. Pursued by the owner
38
Q

[C4-3] Wild animals - Marked animals

A

Courts will allow title to be retained in the former possessor as long as the owner exercises all possible effort to recapture the animal

39
Q

[C5-1] Gifts - Types (2)

A
  1. Inter Vivos - During life

2. Causa Mortis - Contemplation of death

40
Q

[C5-2] def: Lien (the what and why)

A

What: A charge, claim, right to retain, security or encumbrance on property
Why: For payment of some debt, obligation or duty

41
Q

[C5-2] Classes of Liens (2)

A

General and special (special superseded in issues of choosing)

42
Q

[C5-3] Bailment - Non-Dispensable Issues

A
  1. Transfer of Possession

2. Intent of the bailee to take control of item

43
Q

[C5-3] Bailment - Elements (acronym)

A 
DAPPER
D- Delivery
A - Acceptance
P - Purpose
P - Personal Property
E - Entered into for benefit (of at least one party) (motive)
R - Redelivery of property
44
Q

[C5-2] Liens - Special Notes (2)

A
  1. Cannot be levied against someone else’s property (must be the owner giving right)
  2. Can be waived by:
    • Contract
    • Acceptance of other security
    • Demand for unlawful charges
45
Q

[C5-1] Gifts - Elements (3)

A
  1. Donor’s Intent
  2. Delivery
  3. Acceptance
46
Q

[C5-1] Gifts - Elements (3) (acronym)

A

IDA
I - Intent
D - Delivery
A - Acceptance

UAlbany - Property Law - Sp-19 (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions