Possession

Question 1

Acquisition by Discovery rule

Answer 1

Indians do not have the power to grant land, therefore, a title obtained from them cannot be sustained in the courts of the United States

Question 2

Acquisition by Capture rule

Answer 2

Unowned property that is captured becomes the property of the person effecting the capture. The unowned thing must be actually possessed for it to become property

Question 3

Definition of copyright

Answer 3

the right to control the reproduction and distribution of the creation

Question 4

3 elements of copyright protection

Answer 4

1 - originality - work must be an independent creation of the author and must demonstrate at least some minimal degree of creativity (KEY)
2 - work of authorship
literature, musical, movie, etc
3 - fixation - the work is fixed in some kind of tangible medium (print, CD, hard drive)

Question 5

3 elements to establish copyright infringment

Answer 5

1 - ownership of valid copyright
2 - work is copied
3 - copy is an improper appropriation

Question 6

Does copyright protection extned to works without originality (like facts?)

Answer 6

NO

Question 7

3 elements to establish copyright infringement

Answer 7

1 - ownership of a valid copyright
2 - work is copied
3 - copy is an improper approriation

Question 8

4 factors to determine whether there is “fair use” of a copyright

Answer 8

1 - the purpose and character of the use - profit or non-profit?
2 - nature of the copyrighted work - was the work factual or narrative/fantasy?
3 - the substantiality of the portion used in relation to the copyrighted work as a whole - quality/quantity both matter
4 - the effect on the potential market for or value of the copyrighted work

Question 9

5 requirements for patentability (PUNNE)

Answer 9

1 - patentability - fits into one of the general categoires of patentable subject matter (process, machine, mfg, composition of matter)
2 - novelty
3 - utility
4 - non-obviousness - most important requirement - sufficiently big tech advance over prior or current comparison
5 - enablement - application must describe the invention in sufficient detail that one of ordinary skill would be able to use the invention

Question 10

Why can bio-engineered bacteria be patented?

Answer 10

because they are non-naturally occurring - there is human added engineering

Question 11

Definition of trademark

Answer 11

refers to any work, name, symbol, or device used to identify particular goods and their source

Question 12

3 requirements of trademark protection

Answer 12

1 - distinctiveness
2 - non-functionality
3 - first use in trade

Question 13

Basic rule for finding

Answer 13

finder’s title is good against the whole world except the true owner

Question 14

Do property owners need to physically possess the property in order to have a claim to a found object?

Answer 14

Yes - Hannah v. Peel (soldier’s brooch)

Question 15

Lost property found in public places goes to…?

Answer 15

Finder

Question 16

Does mislaid property found in public places go to the landowner?

Answer 16

Yes - property that was voluntarily placed in the shop goes to the OLIQ (left on table)

Question 17

What happens to lost property found in land open to the public?

Answer 17

It depends on the exclusivity of the property (found on ground?)

Question 18

Lost v. Mislaid v. Abandoned

Answer 18

Lost = lost involuntarily
Mislaid = voluntarily laid somewhere and forgotten about
Abandoned = true owner is no longer seeking the property

Question 19

Elements of Adverse Possession

Answer 19

1 - actual and exclusive - did a party actually possess the land and did they try to exclude people from it?

2 - open and notorious - was the ownership secretive. was it notorious to the actual owner of the land?

3 - continuous for statutory period - IL = 20 years for land, 5 years for property

4- Adverse/hostile/claim of right - state of mind of adverse possessor - good faith, objective, aggressive trespasser

Question 20

Tacking and AP

Answer 20

an adverse possessor may tack his possession onto that of a prior adverse possessor so long as the two adverse possessors are in privity (transferred possession from one to another)

Question 21

Howard and Kunto - AP

Answer 21

Must use property for what the property would normally be used for - vacation property, hunting property, etc

Question 22

When does AP clock start ticking?

Answer 22

usually when the adverse possession first begins. If owner is legally disabled (imprisoned, insane, etc)… the owner is given an extended period of time