W1

Question 1

Five Theories of Property

Answer 1

1. protect first possession
2. encourage labor
3. maximize societal happiness (utilitarian)
4. ensure democracy
5. facilitate personal development

Question 2

rule of capture definition

Answer 2

first person to take possession of a wild animal acquires property rights in that wild animal

Question 3

property definition

Answer 3

rights among people concerning things

Question 4

property is often described as a bundle of sticks: name those rights (4)

Answer 4

right to transfer
right to exclude
right to use
right to destroy

Question 5

right to transfer definition
Note: right to transfer is technically called alienability

Answer 5

generally, any owner may freely transfer or alienate any of her property to anyone.

Question 6

Pierson v. Post
Facts and Holding

Answer 6

Facts: case where one person pursued a fox and another person prevented his catching of the fox by killing it and carrying it off himself

Holding: if you capture it, you have rights to it. Mere pursuit is not enough.

Question 7

Johnson v. M’Intosh
Facts and Holding

Answer 7

Facts: plaintiffs claimed title to property conveyed to them by native Americans. ∆s argued property belonged to them because it was part of land grant from U.S.

Holding: the ∆s land grant was superior because the native americans were not actually able to convey the land because they never “owned” it in the traditional sense of the word.

Question 8

Moore v. Regents of California
Facts and Holding

Answer 8

Facts: using genetic engineering, ∆s developed a cell line from πs cells, obtained a patent for it, and entered into commercial agreements for rights to the cell line and its products

Holding: Moore was not entitle to the patent because it required ingenuity in the part of the doctors in order to turn the cell into something valuable. π has no property interest in the cells once they leave his body.