Unit I - The Acquisition of Property Rights

Question 1

In Pierson v. Post (fox hunt foiled by saucy interloper case), the majority says that property rights are _____ and can be determined with precision.

Answer 1

In Pierson v. Post, the majority says that property rights are FIXED.

Question 2

In Pierson v. Post (fox hunt foiled by saucy interloper case), the dissent says that property rights are a matter of ________, and the court should have yielded to the yielded to the hunters’ _______.

Answer 2

In Pierson v. Post, the dissent says that property rights are a matter of CUSTOM, and the court should have yielded to the hunters’ custom.

Question 3

In Ghen v. Rich, the majority relies on ________, because the whale hunt was that of occupation.

Answer 3

In Ghen v. Rich, the majority relies on CUSTOM because the whale hunt was that of occupation.

Question 4

_______ _____ refers to the conventional view that an owner of land has constructive possession of wild animals on the owner’s land

Answer 4

ratione soli (“by the soil”) refers to the conventional view that an owner of land has constructive possession of wild animals on the owner’s land

Question 5

In Keeble v. Kickeringill (decoy pond), the court is unconcerned with the morality of the defendant’s actions, and more concerned with ________.

Answer 5

The court is more concerned with INVESTMENT. The court here values socially-useful / profitable outcomes.

Question 6

What is one of the first property cases to discuss unfair competition in trade?

Answer 6

Keeble v. Kickeringill

Question 7

What two interests do property rights serve?

Answer 7

(1) to protect personal property

(2) to protect investments

Question 8

In INS v. Associated Press, what does the court find regarding the copyrightability of the news? Did INS steal AP’s news?

Answer 8

The court finds that news CANNOT be copyrighted because you cannot copyright facts, information, or discovery. INS did not steal AP’s news - INS was trying to compete, not deprive.

Question 9

In Feist v. Rural, did the court find a copyright infringement?

Answer 9

No, the court said there was no copyright infringement because the copying of phone numbers isn’t original or creative.

Question 10

What are the three requirements for trademark protection?

Answer 10

Distinctiveness, non-functionality, and first use in trade

Question 11

What are the four requirements for patentability?

Answer 11

1. Novelty
2. Utility
3. Non-obviousness
4. Enablement

Question 12

What is Locke’s labor theory of property?

Answer 12

The labor theory of property is a theory of natural law that holds that property originally comes about by the exertion of labor upon natural resources.

Question 13

In Moore v. Regents of University of California, what did the majority find regarding Moore’s rights to possession / ownership of his tissues?

Answer 13

The court found that Moore had neither title nor possession over his tissues, and thus the court was able to refuse to impose liability on the defendants under the theory of conversion.

Question 14

Briefly describe the concept of a person having a “bundle of rights”

Answer 14

“bundle of rights” means that property can simultaneously be “owned” by multiple parties; Ownership is complex. Using the term “bundle of rights” implies rules specifying and proscribing certain rights to the owner which can be transferred, excluded, given away, possessed, etc.

Question 15

In Unit I, we saw a tension between what two competing ideals?

Answer 15

The tension between bright line rules and protection of investment.

Question 16

Describe the tension of ideals in Pierson v. Post

Answer 16

the majority says property is acquired by capture (bright line rule), the dissent says we should defer to the custom of hunters (protection of investment)

Question 17

Describe the tension of ideals in Feist v. Rural

Answer 17

The court moves away from the “sweat of the brow” doctrine - the court has no sympathy for Rural because they were granted a monopoly - They were required to collect information so blocking eist was wrong.

Question 18

Discuss the two main ideals the native cases are focused on.

Answer 18

The native cases are about protection of investments and uncertainty.

If Justice Marshall didn’t say that the Natives do not have rights, it would call into doubt every land right in history. Private citizens would wage their own wars and this would create mass uncertainty.

In terms of protection of investment, Marshall wants to protect the land. He expresses that if you take the land, invested in it, and transformed it, that investment is worthy of protection.

Question 19

in Chakrabarty, what does the majority say? What does the dissent say?

Answer 19

The majority (Chief Justice Berger) is deliberately expansive. He says that Congress intended to make patent laws to have a wide scope.

The dissent says we shouldn’t expand Congress’s interpretation of patent laws.