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Property > Week 2 > Flashcards

Week 2 Flashcards

1
Q

Creation applies almost exclusively _____

A

to intangibles

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2
Q

One thing that is weird about creation is you have to jump from creation ____

A

almost immediately to legal right

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3
Q

Difference between tangible vs. intangible goods

A

tangible=excludable and rivalrous
intangible= non excludable and non-rivalrous

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4
Q

Patent

A

20 years (new, useful and non obvious invention)

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5
Q

Copyright is for ___

A

og works of ownership (99 years)

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6
Q

Trademark lasts ___

A

as long as owner uses them

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7
Q

Argument for creation property

A

lockean fairness, incentive to innovate, exists for a limited time

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8
Q

Argument against creation property

A

incentivize collobaration

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9
Q

INS Holding

A

Injunction; transmitting “hot news” is an unfair competition practice

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10
Q

INS Rule

A

News org has a “quasi-property” right in the hot news it reports

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11
Q

INS Majority rule reasoning

A

(1) it is the object of profit
(2) significant effort goes into collecting the news
(3) Not creating right against the world, just INS
(4) not new property right, just elaboration of unfair competition

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12
Q

INS Brandeis dissent

A

Extending property rights could curtain free use of knowledge and ideas

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13
Q

INS is a debate over whether creating new property right ___

A

is a Q for Congress or not

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14
Q

Why did INS need to say quasi property

A

equity can only intervene to protect property owned at the time

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15
Q

INS majority insists that they are not ___

A

creating new property right

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16
Q

INS theory has not applied to other things like ___

A

fashion designs

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17
Q

Midler rule

A

right of publicity violated when someone’s identify is used without their consent and for a profit

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18
Q

The right of publicity is only __

A

for celebrities

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19
Q

INS may have been decided that way because of the ___

A

natural first mover advantage

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20
Q

If an item is lost, the ____ gets it

A

finder

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21
Q

If an item is mislaid then the ___ gets it

A

LO

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22
Q

Haslem says that possession may remain for ____

A

reasonable time after actual physical possession ends

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23
Q

Haslem holding

A

H appropriated manure to own use by improving it (sweeping into piles) and therefore had possession for a reasonable time for removal

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24
Q

Haslem analogizes to a seaweed law that said __

A

24hour right if gathered on public beach

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25
Q

Haslem reasoning

A

(1) valuable for manure but nuisance on city streets
(2) right to finish what you started?
(3) posting sign alone won’t establish possession (Brazelton)
(4) time constraints to determine if re-abandon

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26
Q

Why does Haslem imply right to finish what you started

A

L did arguably as much labor as H

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27
Q

Armory rule

A

finder title good against all but the true owner

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28
Q

Armory jury damage instructions were to award a sum which in the absence of the jewel was to equal ____

A

worth of a similar jewel of the finest type

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29
Q

Armory reasoning

A

(1) lawful possession, didn’t obtain by theft or fraud
(2) relativity of title (not absolute)
(3) bailee for True Owner (TO)

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30
Q

Hannah says that generally the first finder has possession ___

A

against anyone other than TO

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31
Q

Hannah distinguishes possession by hand grasp from possession by ___

A

extension of the land

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32
Q

If American court, Hannah probably would’ve found that the brooch was ___

A

mislaid (goes to LO)

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33
Q

Hannah reasoning

A

(1) D/LO never resided in the house
(2) D never had possession of premises or the brooch
(3) P acted in good faith, didn’t trespass to get brooch
(4) Brooch not embedded in the land

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34
Q

In Elwes a viking boat was found to be embedded in the land so it went to the ___

A

LO

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35
Q

Goddard (meteorite case) says that ____ wins over ___

A

LO, finders or tenants in possession

36
Q

If object is on top of the ground, ___ has a better shot of ownership

A

first finder

37
Q

If object is buried in the ground, shift to ___ and award to the ___

A

accession, LO

38
Q

In Goddard, the meteorite is not abandoned because ___

A

it arrives by nature

39
Q

Merrill says that the meteorite is the ultimate ___ but the court compares it more to __

A

avulsion, accretion

40
Q

If Finder v. Converter then ____ wins

A

finder, don’t want to reward thieves

41
Q

If Finder 1 vs. Finder 2 then ___ wins (____)

A

Finder 1, Clark lost logs case

42
Q

Why F1 over F2?

A

TO more likely to recover it

43
Q

Clark rejects a ____ saying can’t use ___ to negate the claim

A

jus tertii defense, third party ownership

44
Q

If Converter 1 vs. Converter 2 then ___ wins. (Case is ___)

A

Converter 1, Anderson more logs

45
Q

Why does Converter 1 win over converter 2?

A

don’t encourage successive conversions, increase TO chance with stability

46
Q

If Finder v. Landowner then ___ win

A

Finder may

47
Q

If Finder v. Landowner then it is a ____ argument

A

fact specific

48
Q

If Finder v. Landowner then ___ will beat first possession

A

accession

49
Q

If Finder v. Landowner generally won’t award to finder if they ___

A

are a trespasser

50
Q

Absent other factors first possessor will get property because it is ______ AND there is a ___

A

easier to prove possession than ownership, innate connection between the two that courts want to protect

51
Q

When you accidentally and in good faith appropriate someone else’s property and change it into substantially different object then the product belongs to the ___

A

improver who needs only pay the original owner for the value of the goods converted

52
Q

If bad faith transformation, regardless of the ___, the improver must __

A

degree of transformation, return the converted goods back to the OG owner

53
Q

What is the doctrine of increase

A

newborn calf belongs to the mother cow

54
Q

doctrine of increase likely due to ___

A

paternity proof issue

55
Q

Ad coelum defines the ____ of accession

A

scope

56
Q

Trees that grow on the land belong to __

A

owner of that land

57
Q

Perennials belong to ___ but annuals belong to __

A

owner of the land, possessor of the land (emblements)

58
Q

Goddard rule

A

things affixed to land belong to the owner of that land

59
Q

What is the distribution problem with accession

A

those that have more get more automatically

60
Q

Accession over first possession avoids the ___

A

costly and inefficient race to be first

61
Q

Accession incentivizes ___

A

improvement and maintenance of existing assets

62
Q

Combinations of personal property in roman law prioritized __ but American law emphasizes ____

A

transformation, value change

63
Q

R4P says if reversible combination then you must ___

A

reverse and return object to TO

64
Q

R4P says if knowing and irreversible combination then the ___ gets it

A

innocent party

65
Q

R4P says if unknowing and irreversible the _____ and the other party __

A

party responsible for greatest share of the value gets the whole thing, is compensated for the value of their physical input (but not their labor)

66
Q

There is a strong trend against ___ in combinations of personal property

A

co-ownership

67
Q

For combinations of personal property, improver generally not recouped for labor unless __

A

unjust enrichment

68
Q

What is a fixture

A

OG moveable chattel but not because of annexation or association in use with the land is regarded as part of the land

69
Q

Default fixture rule

A

fixtures belong to the owner of the real property

70
Q

Teaff factors for fixtures

A

(1) attached permanently to real property
(2) intent of the value adder (expressed intent only)
(3) custom and expectation of the buyer

71
Q

____ probably not intending to add value to the property

A

tenant

72
Q

When evaluating fixtures, key factor to ___

A

create strong incentives to make improvements

73
Q

Strain says that _____ are fixtures

A

chandeliers and mirrors attached to the plywood on the walls

74
Q

Strain uses ___ as proxy for ____

A

physical attachment, closeness of relationship (psych element)

75
Q

Strain says hat D may not have intended chandelier to be fixture but ___

A

never shared that intention (objective intent of value adder)

76
Q

Strain court assumes intent of the Ds was to ___

A

enrich their property

77
Q

Why were the Venetian blinds fixtures in Strain?

A

easily removable but also made to fit for the house

78
Q

what is accretion

A

natural deposit by water of solid material producing dry land previously covered by water

79
Q

Accretion is governed by ___

A

accession

80
Q

why is accretion governed by accession

A

(1) he who gains one year may lose the next
(2) more connected to owner than anyone else
(3) change is de minims
(4) change may be hard to measure

81
Q

Accretion doctrine recognizes that all land ___

A

has an owner, no orphan slices

82
Q

what is avulsion

A

sudden change on banks of a stream as result of storm, flood etc

83
Q

what happens to boundary with avulsion

A

remains the same as before (NOT accession)

84
Q

why does avulsion not change the boundaries

A

want to prevent dramatic winners and losers, incentivize owners to make improvements

85
Q
A

Property (15 decks)

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