Week 1 - Zoom Class 1/16/2024 _ Capture

Question 1

_________ _________ alone is insufficient to sustain an action for killing and keeping the fox.

Answer 1

Mere pursuit

Question 2

Pierson v. Post rule for capturing wild animals:
Achieving first possession, and thus ownership requires the following elements:
1. ?
2.
3.
4.

Answer 2

1. Mortal wounding; and

Question 3

Pierson v. Post rule for capturing wild animals:
Achieving first possession, and thus ownership requires the following elements:
1.
2. ?
3.
4.

Answer 3

2. Not abandoning pursuit

Question 4

Pierson v. Post rule for capturing wild animals:
Achieving first possession, and thus ownership requires the following elements:
1.
2.
3. ?
4.

Answer 4

3. With the intention of appropriating the animal to one’s own individual use, such that

Question 5

Pierson v. Post rule for capturing wild animals:
Achieving first possession, and thus ownership requires the following elements:
1.
2.
3.
4. ?

Answer 5

The hunter has deprived the animal of its natural liberty and brought it within his/her own control.

Question 6

Pierson v. Post rule for capturing wild animals:
Achieving first possession, and thus ownership requires the following elements:
1.
2.
3.
4.

Answer 6

1. Mortal wounding; and
2. Not abandoning pursuit
3. With the intention of appropriating the animal to one’s own individual use, such that
4. The hunter has deprived the animal of its natural liberty and brought it within his/her control.

Question 7

Whose land did the event occur on in Pierson v. Post?

Answer 7

Uninhabitated, unpossessed, wasteland

Question 8

Mere pursuit alone is insufficient to sustain an action for killing and keeping the fox. The Court seeks to prevent a “_____________________”.

Answer 8

Fertile source of quarrels and litigation

Question 9

In the Whale case (Ghen v. Rich) - Custom in the industry prevails and the whale goes to the ___________ ______ ____________ it and not to the ___________.

Answer 9

Whaler who killed it
Finder

Question 10

The whaling injustry would cease if the common truce customs were not adhered to and any chance finder could appropriate the _______ of the __________ _________.

Answer 10

Fruits
Whaler’s labor

Question 11

Why was whale hunter’s custom followed in Ghen, but fox hunter’s custom was not followed in Pierson?

Answer 11

The fox was being hunted for sport and the whale for business

Question 12

A ______ is the _____ law equivalent the of a lawsuit.

Answer 12

Libel
Admiralty

Question 13

How much would Ghen be entitled to rule:

Answer 13

The value of the whale minus processing costs plus interest from the date of conversion.

Question 14

If Green Peace interferes with whaling practices by putting it’s boat in between the whalers and the whales and the whale gets away. Following the rule from Pierson v. Post, would the Whaler prevail?

Answer 14

No, because the whale has not been mortally wounded, deprived of its natural liberty, brought it in your control, etc. and because you haven’t followed those steps you haven’t followed the rules from Pierson v. Post. The whaler would not win in that circumstance.

Question 15

Date of Conversion of the whale is?

Answer 15

The day that Ellis sold to Rich. The day that the whale stopped being available on the beach for Ghen to find and then had changed hands.

Question 16

The Duck Case - Keeble v. Hickeringill (H)
A cause of action did exist where H scared away the wildfowl ____________ to hunt Keeble’s __________ and not for any ___________ reason.

Answer 16

Maliciously
Business
Competitive

Question 17

The Duck Case. A cause of action did exist where H scared away the wildfowl maliciously to hunt Keeble’s business and not for any competitive reason. Court’s ruling is necessary to protect against _________ ___________ with a _____ or ________.

Answer 17

Malicious interference
Trade Or business

Question 18

A cause of action is?

Answer 18

A factual scenario that entitled you to relief in court.

Question 19

It is not okay to _____________ ____________ with someone’s ________ or _________. I can open my own business next door and __________with them all day long, but I cannot _________ __________.

Answer 19

Maliciously interfere
Trade or business
Compete
Maliciously interfere

Question 20

Keeble does have a cause of action: The Court says that if a man uses his ______ or ______ to take, sell, and dispose of the profit of wildfowl then that is his ________. If another man hinders him in his trade or livelihood there libel in an action for the hindrance.

Answer 20

Art or skill
Business

Question 21

Stand for the same basic principle that when the animals are on your land they are your animals. Subject to the right of the state you live in. The state may feel they have better rights to the animal on the back porch than you have, but as compared to other people that is my squirrel while it is in my yard.
1.
2.

Answer 21

1. Constructive Possession
2. Rationale Soli

Question 22

The idea that the ducks are Keeble’s ducks while they are on Keeble’s land:
1.
2.

Answer 22

Constructive Possession
Ratione Soli

Question 23

Want the actual deer back so they go to court seeking:

Answer 23

Replevin

Question 24

Example: Ghen v. Rich
They want the monetary value of the whale so they go to court seeking:

Answer 24

Trover