Personal Property

Question 0

Rights are absolute? T or F?

Answer 0

False. All rights are relative & comparable to others peoples rights

Question 1

6 pound rights of ownership

State v. Shack

Answer 1

Possession
Exclusion
Transfer
Use
Profit
Destruction

Question 2

6 Major categories of properties

Answer 2

Chattels
Land surface
Land subsurface 
Water
Airspace
Intangible

Question 3

Movables

Answer 3

Tangible thing that is not part of the earth

Chattels/personal prop, goods

Question 4

Immovables

Answer 4

Any tangible thing currently part of the earth. Real property.
Or depends on how being used

Question 5

State v. Shack

Answer 5

Ownership of real property does not include right to prohibit access to governmental services offered to migrant workers
Affects owners rights of exclusion,possession & profit.
Also affected defs & migrant worker possession & use rights

Question 6

Estate

Answer 6

A legal interest in land

Question 7

Fixture

Answer 7

An item of personal property that has been attached to real property. Becomes real property

Question 16

“From the center of the earth to heavens.”

Answer 16

Edward v. Sims.  <~still good law
Who owns the cave?
Land owner owns from CRT earth-heav.
(vs.whoever owned mouth of cave)
1929

Question 17

Constitutional property

Answer 17

Rights govnmt says entitled to.
Soc sec, law license, drivers license
Govnmt can’t take away w/out due process
Created by DP clause of 5th & 14th

Question 18

Intellectual Property

Answer 18

Patents, copyright, trade secrets, trademarks

Question 19

Do you own your body?

Answer 19

You control it don't own it. 
Body parts(Cali) ex) DNA research
      A tort/crim issue, not property

Question 20

Other things can’t own

Answer 20

Other people
Water (can possess it)
Air(poss rts, own extract)

Question 21

Johnson v. Mcintosh

Messed up! :(

Answer 21

Root of title. Title by England or by conquest
Lands title starts w/lands Discovery
Natives could not transfer what they didn’t own cuz root was US. Natives did have possessory rights
A “chai of title can be built”

Question 22

Shelley v. Kramer

Restrictive covenant

Answer 22

No sale to negroes in covenant.

14th amendment- does not prevent individuals from being discriminatory (1st allow u to b a predjuc as u want)

Question 23

Chose in action

Answer 23

Intangible property

Can’t be touched

Question 24

Chose in possession

Answer 24

Tangible property

Can be touched

Question 25

“restrictive covenant” or “real covenant”

Answer 25

limits the use of land by its title holder
(Some limitations are illegal, e.g., restricting the use of land to exclude a racial minority)

Question 26

How many lawyers have to deal with property law?

Answer 26

25%
Corp-leases & transfer assets
Crim- larceny
Personal injury-property damage claims assoc. with accident