Section #1: Concept of Property Flashcards
1
Q
The Five theories of property
A
Protect first possession; encourage labor; max societal happiness; ensure democracy; facilitate personal development
2
Q
Pierson v. Post
A
Pursuit of fox, other person saw it and killed it before. The other person mortally wounded it and had first possession.
3
Q
The bundle of rights
A
right to transfer, exclude, use, destroy
4
Q
Johnson v. M’intosh
A
Teaches legal positivism. M’intosh had title from government, Johnson had title from indians. Government recognized title is better.