Brainscape's Knowledge GenomeTM

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


See full index

Property > Personal Property > Flashcards

Personal Property Flashcards

1
Q

Personal property definition

A

Rights in movable objects

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

How are rights in personal property defined?

A

By the manner in which objects are acquired

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

Chattels

A

Tangible personal property

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

Ways of Acquisition

A
  1. capture
  2. find
  3. adverse possession
  4. gift
  5. bailment
  6. theft
  7. purchase
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

rule of capture

A
  1. established in Pierson v. Post

2. ferae naturae is acquired by occupant

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

occupancy

A
  • deprive property of natural liberty and render escape virtually impossible
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what kind of security against escape does occupancy require?

A

requires reasonable security against escape, not absolute

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

what are the limits for capture (at most v. at least)?

A
  • at least mortally wounding from a distance

- at most physical possession

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

Is pursuit of animal enough for possession?

A

No

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

Who has superior right of capture?

A

LO

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

Who is not subject to rule of capture?

A

Domesticated animals

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

Categories for found property

A
  1. lost
  2. mislaid
  3. abandoned
  4. treasure trove
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Lost definition

A

unintentionally or involuntarily parts with it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Lost finder’s rights

A
  1. finder of property has right against all but rightful owner or previous finder
  2. does not include right to sell = obligated to hold onto it and take care of it
  3. true owner > first finder (good faith finder or thief) > second finder > third finder
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

LO’s right to lost property found on land

A
  1. Possesses everything attached to or under land
  2. Does not necessarily possess unattached thing on surface of land
  3. Superior claim to lost property against finders who are trespassers or hired workers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Trover

A

P seeks damages

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

Replevin

A

P seeks possession of personal property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Mislaid definition

A

Voluntarily/knowingly places somewhere but forgets

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

Mislaid finder’s rights

A

Stays where found = owner of property where found has rights over finder

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Abandoned definition

A

Knowingly relinquishes all right to property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Abandoned finder’s rights

A
  1. If you put labor into abandoned property, it becomes yours
  2. Property ceases to be abandoner’s property when abandoned = becomes wild property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Treasure trove definition

A

Conceals property in hidden location long ago

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What do you have to do to own property (majority)?

A

Advertise

24
Q

What can bar later action by true owner?

A

subsequent possessor’s full payment to finder

25
Q

Winkfield Doctrine

A

Once D has paid his court-mandated judgment = he is owner

26
Q

Gift definition

A

Immediate transfer of property rights from donor to donee without consideration

27
Q

Inter vivos gift

A

Ordinary gift of personal property one living person makes to another

28
Q

Inter vivos requirements

A
  1. donative intent
  2. delivery
  3. acceptance
29
Q

Inter vivos revocability

A

Irrevocable

30
Q

Donative intent

A

Donor must intend to make an immediate and irrevocable transfer

31
Q

Delivery

A

Property must be delivered to the done so that the donor parts with dominion and control

32
Q

Types of delivery

A
  1. manual
  2. constructive
  3. symbolic
33
Q

Manual

A
  • Physical transfer of item

- Required if practicable

34
Q

Constructive

A
  • Physical transfer of object that provides access to gift

- Allowed if manual delivery is impracticable or impossible

35
Q

Symbolic

A
  • physical transfer of object that represents or symbolizes gifted item
  • allowed only if manual delivery is impracticable or impossible
36
Q

Acceptance

A
  • Donee must accept the property

- Acceptance of valuable item is usually presumed

37
Q

When is a gift of check completed?

A

Not until bank accepts it

38
Q

Majority engagement ring

A

conditional gift = must be returned to giver

39
Q

Minority engagement ring

A

person not at fault for broken engagement gets to keep it

40
Q

Gift causa mortis

A

gift of person property made by living person in contemplation of her death

41
Q

Gift causa mortis revocability

A

Revocable

42
Q

Different cause of death

A

some jurisdictions = gift still effective if donor doesn’t die from contemplated peril if

  1. death occurs within same approximate time frame OR
  2. cause of death is related to anticipated peril
43
Q

Gift causa mortis elements

A
  1. donative intent
  2. delivery
  3. acceptance
  4. donor’s anticipation of imminent death
44
Q

When is gift causa mortis effective

A

Immediately, when gift is made

45
Q

Bailment roles

A
  1. bailor

2. bailee

46
Q

Bailor

A

owner of property

47
Q

Bailee

A

possessor of property

48
Q

Types of bailment

A
  1. for mutual benefit
  2. for primary benefit of bailee
  3. for primary benefit of bailor
49
Q

Mutual benefit - Duty

A

Bailee has duty to take reasonable care of bailor’s property

50
Q

Primary benefit of bailee - Duty

A

Bailee is required to take extraordinary care of bailor’s property

51
Q

Primary benefit of bailor - duty

A

Bailee is required to take ordinary care of bailor’s property (no gross negligence or bad faith)

52
Q

What does adverse possession not apply to?

A

Does not apply to intangibles

53
Q

Adverse possession elements

A
  1. Actual
  2. Exclusive
  3. Open and notorious
  4. Adverse and hostile
  5. Continuous
  6. For the statutory period
54
Q

Discovery rule (adverse possession)

A

Owner knows of or with exercise of reasonable diligence should have known of the cause of action and identity of claimant

55
Q

Transfer doctrine (adverse possession)

A

Person with voidable title can transfer good title to a good faith purchaser for value in some circumstances

Property (3 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions