Terms & Rules Flashcards

Learn vocab and rules

1
Q

Legal positivism

A

Property exists only to the extent that it is recognized by government

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

Natural law theory

A

Certain rights naturally exist as a matter of fundamental justice regardless of government action (this has little impact on modern property law)

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

5 Theories of Property

A
  1. Protect First Possession (1st come, 1st serve)
  2. Encourage Labor (Labor Theory- FARM IT!)
  3. Maximize Social Happiness (Utilitarian)
  4. Ensure Democracy (Civil Republican Theory)
  5. Personal Development (Personhood Theory)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Formalist Approach

A

When the judges look to the past legal authorities to find their template to interlay their specific fact patterns to. E.g. Majority opinion in Pierson v. Post

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

Instrumentalist Approach

A

Asks “What will give us a good result? What will make a good incentive that will encourage the behaviors that we want to have?”

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

Right to Transfer

A

Johnson v. M’Intosh (Land title transfers only valid made by current govt.

Moore v. Regents of Uni of CA (once cells leave the body, no longer your property)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Right to Exclude

A

Exceptions are Consent or Necessity (Privilege)

Jacque v. Steenberg Homes (punitive damages can be awarded with nominal compensatory damages, mobile home through yard is a NO-NO)

State v. Shack (Right to exclude doesnt include right to refuse govt services to migrant workers on property)

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

Right to Use

A

Sundowner v. King (Idaho 1973) property owners may not make malicious use of their property solely to injure their neighbors- no spite fences.

Prah v. Maretti (Wis.1982) Private nuisance law is applicable in disputes over access to sunlight.

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

Private Nuisance

A

Private nuisance is an 1) intentional 2) nontrespassory 3) unreasonable, and 4) substantial interference with 5) the use and enjoyment of the Π’s land.

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

Doctrine of Trespass / R2dTorts §158

A

Landowners’ right to exclude anyone else from entering upon their property. The doctrine has deep roots in English C/L.

∆ acts intentionally. Not necessary to prove subjective intent to trespass or acting in bad faith.

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

Conversion

A

occurs when a person without authority or permission intentionally takes the personal property of another or deprives another of possession of personal property.

1) the plaintiff’s ownership or right to possession of the property;
2) the defendant’s conversion by wrongful act inconsistent with the property rights of the plaintiff; and.
3) damages.

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

Adverse Possession

A

when a person occupies another’s land in a hostile manner for a period of time or,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Prescription

A

The acquisition of an easement, over the property of another, through adverse use of that property. For example, a neighbor who has used your land to get to their backyard for the past 10 years may have an easement over your property.

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

Sic utere tuo ut alienum non laedus

A

Use your own property in a manner that doesn’t injure another person’s property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Coase Theorem

A

states that the initial allocation of a resource is irrelevant to economic efficiency, in the absence of transaction costs, bc the affected parties will reach an efficient allocation through bargaining.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Prior Appropriation Doctrine

A

first person who 1) takes water from a river or other surface watercourse and 2) puts that water to beneficial use (e.g. irrigating crops) acquires a permanent right to the water. (Coffin v. Left Hand Ditch 1882)

17
Q

Eminent domain

A

Eminent domain is when the govt can take land from a property owner paying them the market value.

18
Q

Types of Estate

A
  1. Fee Simple
  2. Fee Simple
    Determinable
  3. Fee Simple Subject to a Condition Subsequent
  4. Fee Simple Subject to an Executory Limitation
  5. Fee Tail
  6. Life Estate
  7. Term of Years
19
Q

Fee Simple

A

to Ann
to Ann and her heirs
to Ann in fee simple

20
Q

Fee Simple Determinable

A

to Ann AS LONG AS
to Ann WHILE
to Ann UNTIL
to Ann DURING

Immediate interest transfer once event occurs.

21
Q

Fee Simple Subject to a Condition Subsequent

A

to Ann PROVIDED THAT
to Ann, BUT IF
to Ann, ON CONDITION THAT

22
Q

Fee Simple Subject to an Executory Limitation

A

to Ann as long as, while, until, during, provided that, but if, on condition that…THEN TO BOB.

23
Q

Life Estate

A

to Ann FOR LIFE
to Ann UNTIL SHE DIES

24
Q

Fee Tail

A

to Ann and THE HEIRS OF HER BODY