Midterms + Old Exams Flashcards
Our Midterm
- Jack and Jill, brother and sister, owned Greenacre as joint tenants. Jack sold his interest in the property to Buyer. Then Jill died, leaving her estate to Son. What is the state of the title?
A. Buyer and Son own Greenacre as joint tenants.
B. Buyer and Son own Greenacre as tenants in common.
C. Buyer owns Greenacre in fee simple absolute.
D. Son owns Greenacre in fee simple absolute
B - Buyer and Son own Greenacre as tenants in common.
Sale destroys joint tenancy, and tenancy in common is inheritable.
Our Midterm
- In a deed, Owner conveyed Blackacre “to A for life, remainder to such of A’s grandchildren as are then living.” At the time of the conveyance, A had one living grandchild named B. Is the interest of the grandchildren valid under the traditional Rule Against Perpetuities?
A. Yes, because A is the validating life.
B. Yes, because A’s children are the validating lives.
C. Yes, because B is the validating life.
D. No, because there are no validating lives.
A. Yes, because A is the validating life.
ANSWER KEY USED TO BE
D. No, because there are no validating lives.
A could have after-born children.
Our Midterm
In a will, O conveyed Whiteacre “to A for life, remainder to O’s children.” When O died, he had two children B and C. However, B died before A died, so that O’s only surviving child at the time of A’s death was C. Under the traditional Rule Against Perpetuities, what is the state of the title?
A. C owns Whiteacre in fee simple absolute.
B. C and B’s estate own Whiteacre as tenants in common or joint tenants.
C. Neither B’s estate nor C has a valid interest in the property.
D. B’s estate owns Whiteacre in fee simple absolute.
B. C and B’s estate own Whiteacre as tenants in common or joint tenants.
Under the will, Child didn’t need to survive to have
inheritable interest
Our Midterm
- Redacre is located in California, as are A and B. A conveys Redacre “to B as long as the property is used for school purposes.” After 10 years, B decides to tear down the school and put up a pig sty. What is the state of the title?
A. B has a fee simple determinable, and A has a possibility of reverter.
B. A owns Redacre in fee simple absolute.
C. B has a fee simple on condition subsequent, and A has a right of entry.
D. B has a fee simple determinable, and A has a right of entry.
C. B has a fee simple on condition subsequent, and A has a right of entry.
No fee simple determinable in California;
rights of entry must be exercised.
Our Midterm
- O conveys Pinkacre “to A for life, remainder to A’s widow.” The state in question has a “wait and see” statute modifying the traditional Rule Against Perpetuities. A dies five years later, still married to his one and only wife W. Does W have a valid interest in the property?
A. Yes, because her interest was vested from the beginning, and vested interests are not threatened by the Rule Against Perpetuities.
B. No because the Rule Against Perpetuities would invalidate her interest due to the lack of validating lives.
C. Yes, because when A died, W’s interest became vested within the period of the Rule Against Perpetuities.
D. No because “widow” is an unascertained individual at the time of the conveyance, making her interest contingent rather than vested.
C. Yes, because when A died, W’s interest became vested within the period of the Rule Against Perpetuities.
Widow became an identified person after waiting period.
Our Midterm
Owner conveys Yellowacre “to A, but if the land is ever used as a race track, to B.” As Owner feared, A turned the land into a horse race track. What is the state of the title after the track is completed?
A. A has a contingent remainder and B has an alternative contingent remainder.
B. A has a fee simple subject to an executory limitation, and B has an executory interest.
C. B owns the land in fee simple absolute because the condition on A’s retaining the land has failed.
D. The land reverts to Owner or, if she is deceased, to her estate.
C. B owns the land in fee simple absolute because the condition on A’s retaining the land has failed.
A’s interest is expressed as a fee interest that can be cut short.
Our Midterm
Which of the following would be an example of the (so-called) tragedy of the anticommons?
A. A shopping mall developer is having difficulty acquiring a large enough parcel because several local businesses that would have to be acquired are refusing to sell.
B. Fish in the ocean are being depleted at a rapid rate because they are not owned until they are caught.
C. Cars cannot move at rush hour because everyone is crowded onto the freeways.
D. A tenant has an incentive to waste property if not restrained by the remainderman.
A. A shopping mall developer is having difficulty acquiring a large enough parcel because several local businesses that would have to be acquired are refusing to sell.
A problem of needing to acquire too many inefficiently small rights.
Our Midterm
- Which of the following is NOT an example of the common law’s tendency to attribute initial ownership to capture rather than pursuit?
A. The common law approach to the ownership of oil and gas.
B. The common law approach to the tort of interference with prospective economic advantage.
C. The common law approach to the ownership of wild animals.
D. The common law approach to the ownership of underground water.
B. The common law approach to the tort of interference with prospective economic advantage.
Interference with prospective advantage protects pursuit of contracts.
Our Midterm
- If the law decided that companies could no longer trademark their products, what would be likely to happen?
A. The quality of merchandise would improve.
B. The quality of merchandise would decline.
C. The quality of merchandise would be unaffected.
D. Firms would acquire greater monopoly power in the marketplace.
B. The quality of merchandise would decline.
Trademarks serve a bonding function to increase quality.
Our Midterm
Which of the following “fair use” factors do the courts consider LEAST significant in evaluating a fair use defense to a copyright infringement claim?
A. Whether the defendant’s use of the plaintiff’s work was transformative in nature.
B. Whether the defendant’s use of the plaintiff’s work was likely to reduce sales by the plaintiff.
C. Whether the defendant copied a large or a small amount of the plaintiff’s work.
D. Whether the nature of the plaintiff’s work was a core concern of copyright law, such as fictional writing.
D. Whether the nature of the plaintiff’s work was a core concern of copyright law, such as fictional writing.
The other factors are stressed; nature of the work is downplayed.
Our Midterm
- What is a relevant difference between patent and copyright protection?
A. Copyrights last longer than patents.
B. Copyrights protect against independent creation but patents do not.
C. A derivative use of a copyright can be a copyright violation while a derivative use of a patent cannot.
D. Copyrights require a modicum of originality over prior art but patents do not.
A. Copyrights last longer than patents.
Copyrights last for life of author plus 70 years; patents 20 years
Our Midterm
Parent owned an older car and decided to give it to his daughter “as soon as you complete your driver’s education course”. Daughter said nothing at the time, which was a relief to Parent as he feared she did not like this jalopy of a car. At the time he spoke these words, he handed over the key to her, but then took it back and continued to drive the car himself. Later, when the daughter finished her driver training course, Parent no longer wanted her to have the car, as she had taken up drinking in the interim. The daughter sues Parent in replevin to recover the car. What is the likely response of the court?
A. The gift is valid, and the car now belongs to the daughter.
B. The gift is invalid because of a lack of proper intent on the part of the Parent.
C. The gift is invalid because of a lack of delivery.
D. The gift is invalid because of a lack of acceptance.
B. The gift is invalid because of a lack of proper intent on the part of the Parent.
1. No present intention present, just a promise lacking consideration.
Our Midterm
Chris owned a valuable watch that he took off at Nordstrom’s while he was trying on a new shirt. He left the store with the watch still sitting on the seat in the changing room. An employee of Nordstrom’s named Emily turned the watch in to her manager, but asked to have it back if no one claimed it. The manager put the watch in Nordstrom’s lost and found, but no one came to claim it. At common law, who owns the watch?
A. Nordstrom’s, because the property was mislaid rather than lost.
B. Nordstrom’s, because the property was lost rather than mislaid.
C. Emily, because she was an employee of Nordstrom’s and found the watch.
D. Emily, because the property was mislaid rather than lost.
A. Nordstrom’s, because the property was mislaid rather than lost.
Watch was placed deliberately in a location.
Our Midterm
What was John Locke’s theory for the original ownership of property?
A. Ownership facilitated the efficient investment of material resources.
B. Ownership avoided rent seeking claims over title.
C. Ownership came from laboring on land if there was enough left for others.
D. Ownership should be divided as equally as possible.
C. Ownership came from laboring on land if there was enough left for others.
Locke’s labor theory of property acquisition.
Our Midterm
Owner owned a parcel of land in California, on which Squatter had been living for 15 years. In the 10 years before that, Other had been squatting on the land, and Squatter moved onto the land as soon as Other moved out. Neither Other nor Squatter paid property taxes on the land. Owner now sues to quiet title to the land, but Squatter claims to own it because of adverse possession. How will this dispute be resolved?
A. Squatter will prevail because his possession can be tacked onto the earlier possession of Other.
B. Squatter will prevail because 15 years is long enough for adverse possession even without being able to tack Other’s possession onto his own.
C. Owner will prevail because Squatter did not have the requisite mental state to acquire title by adverse possession.
D. Owner will prevail because Squatter did not pay the property taxes on the land.
D. Owner will prevail because Squatter did not pay the property taxes on the land.
Property tax must be paid by California adverse possessors.
Our Midterm
Which one of the following attributes of property ownership is an absolute right that does not have exceptions?
A. The right to alienate the property.
B. The right to destroy the property in one’s will.
C. The right to exclude others from access to one’s property.
D. None of the above.
D. None of the above.
Exceptions exist to each of these rights.
Our Midterm
Owner conveys Greyacre “to A as long as the land is used for church purposes, or to B if the land is used otherwise.” The jurisdiction in question follows the latest Restatement rules. What interests are created?
A. A owns a fee simple determinable in Greyacre, and B owns a contingent remainder.
B. A owns a fee simple on condition subsequent in Greyacre, and B owns an executory interest.
C. A owns a fee simple defeasible in Greyacre, and B owns a future interest.
D. A owns a fee simple subject to an executory limitation in Greyacre, and B owns an executory interest.
Owner conveys Greyacre “to A as long as the land is used for church purposes, or to B if the land is used otherwise.” The jurisdiction in question follows the latest Restatement rules. What interests are created?
Restatement simplifies future interest labeling.
Our Midterm
- Which of the following is a distinctive attribute of a gift causa mortis?
A. Unlike other gifts, the property can be recovered if the individual does not die of the feared imminent condition.
B. Unlike other gifts, there is no requirement of acceptance of the gift by the recipient.
C. As gifts causa mortis are favored by the law, the requirements for delivery of the gift are somewhat relaxed relative to those imposed for other gifts.
D. Unlike other gifts, gifts causa mortis can be oral rather than written.
A. Unlike other gifts, the property can be recovered if the individual does not die of the feared imminent condition.
Gifts causa mortis are conditional upon expected death materializing.
Our Midterm
O owns a small parcel of land in fee simple on which he had pitched his own tent. He now wants to forget about this lifestyle, and throws both the tent and his deed into the garbage can with an intention to abandon both. What will the law conclude?
A. Both the tent and the land have been successfully abandoned.
B. The tent has been successfully abandoned but the land has not.
C. The land has been successfully abandoned but the tent has not.
D. Neither the tent nor the land have been successfully abandoned.
B. The tent has been successfully abandoned but the land has not.
Personal property can be abandoned more easily than real property.
Our Midterm
Bill owned a valuable watch that was broken. He took it to a jeweler, who both fixes and sells watches, to have the watch repaired. He specifically instructed the jeweler that the watch was not to be sold, but the jeweler sold it to Buyer anyway, who was unaware of Bill’s claim to the watch. Who owns the watch?
A. Bill owns it because he did not consent to the sale of the watch by Jeweler.
B. Bill owns it because Buyer’s ownership of the watch was not open and notorious.
C. Buyer owns it because the Jeweler had voidable rather than void title to the watch.
D. Buyer owns it because the watch was entrusted to a merchant who deals in goods of the kind.
D. Buyer owns it because the watch was entrusted to a merchant who deals in goods of the kind.
Bill entrusted possession to a merchant but didn’t intend to sell.
2015
- Which of the following is the strongest economic argument for recognition of trademark rights?A. Trademarks enable firms to differentiate their products and thus sell at a price in excess of the marginal cost of production.B. Trademarks encourage the creation of new products that are costly to create but inexpensive to duplicate.C. Trademarks create an incentive for sellers to produce a quality product to avoid consumer retaliation against other products bearing the trademark.D. Trademarks represent a just reward for valuable labor rendered in creating the trademarked product.
C. Trademarks create an incentive for sellers to produce a quality product to avoid consumer retaliation against other products bearing the trademark.
Trademarks always go hand in hand with quality
While copyrights go with creation cost
2015
- Which of the following best describes John Locke’s theory of property?A. Property rights are the entitlements that would maximize the greatest good for the greatest number of people.B. Property rights inherently constitute an impermissible taking from the proper state of affairs in which goods are held in common.C. Property belongs to a person who mixes his labor with unowned things, if there is property of equal value available for others.D. Property rights arise when one state conquers another that had previously provided a different set of property rights to its citizens.
C. Property belongs to a person who mixes his labor with unowned things, if there is property of equal value available for others.
As much and as good
In his will, Joe devised property “To Abe, but if it ceases to be used as a tavern, then to Bob.” Upon Joe’s death, when the land was being used as a tavern, what is the state of the title?
D. Abe has a fee simple subject to condition subsequent; Bob has an executory interest
2015
- In what way do water rights of riparian owners differ in the Eastern vs. the Western United States?
A. In the West, riparian owners have the right to make reasonable use of the adjoining rivers; in the East, the first to appropriate the river is given a property right to their use. B. In the East, riparian owners have the right to make reasonable use of the adjoining rivers; in the West, the first to appropriate the river is given a property right to their use. C. In the West, the rights of riparian owners to use adjoining rivers run with the land and thus benefit subsequent owners of the parcels; in the East, the rights of riparian owners to use adjoining rivers do not run with the land. D. In the East, the rights of riparian owners to use adjoining rivers run with the land and thus benefit subsequent owners of the parcels; in the West, the rights of riparian owners to use adjoining rivers do not run with the land.
B. In the East, riparian owners have the right to make reasonable use of the adjoining rivers; in the West, the first to appropriate the river is given a property right to their use.
2015
- Jack and Rose were on the Titanic when it went down. They were shivering in the water, and Rose said to Jack: “I know I’m dying. I want you to have my ruby brooch.” As she said this, she pointed to the ruby brooch on her neck. As it happened, however, Rose survived and Jack died. In a lawsuit by Jack’s estate to recover the brooch from Rose, which of the following would be Rose’s LEAST effective argument?A. Her promise to deliver the brooch is lacking in consideration.B. Gifts causa mortis can be avoided if the person making the promise recovers.C. The brooch was not delivered to Jack.D. The brooch was not accepted by Jack.
D
Most effective argument is?
2015
- In a will, Deadhand leaves his property “To A for life, then to such of A’s grandchildren as reach age 20.” At the time of Deadhand’s death, A had two children, B and C, and one grandchild, D, who was 20 years old when Deadhand died. Under the traditional Rule Against Perpetuities, is the bequest to A’s grandchildren valid?
A. Yes, because A can serve as the validating life.B. Yes, because A’s children B and C can serve as the validating lives.C. Yes, because the grandchild D can serve as the validating life.D. No, because there is no one who can serve as the validating life.
D. No, because there is no one who can serve as the validating life.
