Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Property > Week 4 > Flashcards

Week 4 Flashcards

1
Q

Public trust limits the __

A

power of govt to convert public property into private

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

Public trust is grounded in ___

A

state common law

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

____ are central to the public trust doctrine because of the ___

A

Navigable waters, huge transportation cost problem

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

Public trust is not part of the discussion with ___

A

airspace/public highways

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

Public highways are governed by ___

A

political process

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

Public trust doctrine is overall undefined doctrine that says Court can ___

A

say yes or no to projects somewhat related to navigable waters

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

Illinois Central says that the state holds ____

A

title to submerged lands in navigable waters in trust for the people so can’t transfer it away permanently

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

Illinois Central says prior transfer was ___

A

merely revocable license

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

Public trust ___ to federal govt

A

does not apply

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

Illinois Central says that the state may be able to transfer ___ OR ___

A

small parcels that promote the public interest, don’t substantially impair the public trust

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

Illinois Central says that the project here is ___

A

too large to meet small parcel requirement

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

Public trust doctrine is ____ in Illinois

A

most developed

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

In Paepke, Illinois began to protect ___

A

recreational uses with public trust

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

In Illinois, Courts have blocked _____ under the public trust

A

attempts to approve changes in use for previously water filled land

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

Public trust in NY says that public trust is ___ and requires that the ___

A

a presumption, leg speak explicitly before privatization of trust resources can take place

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

WI says that public trust comes from ___ so __

A

state constitution, requires approval from state DNR

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

HI says that public trust comes from ___ so ___

A

state constitution, establishes state ownership of all water sources

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

In Hawaii, ___ is a public resource

A

groundwater

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

In CA, grants of public trust land pass absolute title when ____ but if not _____

A

when promote navigation and commerce, grant gives title subject to the public trust

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

In CA, public trust includes ___ and __

A

Mono Lake (navigable), streams

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

____ are the most contested public rights issue

A

beaches

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

In Michigan, all ____ is in the public trust

A

land within highwater mark

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

In almost every state ____ is public but ______ is controversial

A

wet beach, up to vegetation line

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Thorton says that state can ____

A

restrict property owner’s use of dry sand area

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Thornton cites no ___

A

single Oregon case where custom invoked

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Thorton explores different options like ____ but settles on ___ establishing public rights

A

prescriptive easements/implied dedication, common law custom

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Thornton applies to ____

A

all wet sand beaches in Oregon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

If Thorton applied a public prescriptive easement it would require ___

A

parcel by parcel litigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Blackstone’s common law doctrine of custom

A

(1) ancient
(2) right exercised w/o interruption
(3) peaceable and free from dispute
(4) reasonableness
(5) certainty (subject to visible boundaries)
(6) obligatory
(7) not inconsistent with other customs or the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What does Blackstone mean by obligatory

A

individual LOs can’t decide whether to allow public to use dry sands adjacent to property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Certain interests may be inappropriate for treatment as property because they are ___

A

too closely connected with personhood

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Body parts and fluids inside the body are ___

A

not thought of as property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Penner separation thesis says that __

A

things separate from owners are “things” and can be property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Once completely separated we can treat body parts as property like ___

A

lock of hair, ashes, Moore’s spleen cells in the doctor’s hands

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is the zone of controversy with body parts

A

transition from being part of living body to complete separation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Moore says that there is a cause of action for ____ but NOT ___

A

fiduciary duty and disclosure obligations, conversion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

Moore says UCLA had ___

A

property rights in the spleen cells

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Moore says once cells ___ she no longer has ___

A

leave a person’s body after surgery, sufficient ownership rights to uphold claim for conversion )no property no conversion)

39
Q

Moore court is very concerned about ____

A

medical research policy problems if P prevails/windfall

40
Q

To date ___ has allowed conversion action for use of patient cells in medical research

A

no court

41
Q

Generally, removed cells are treated as ___ and patients have ___

A

medical waste under statute, no ongoing property interest

42
Q

Current doctrine suggests researches have ___ to patient cells

A

Lockean right

43
Q

Moore court is worried that conversion makes ___ so better to __

A

third parties liable whether or not they knew, wipe out property than mess with conversion

44
Q

One criticism of Moore is that if patients not informed maybe ___

A

no true intent to abandon property

45
Q

What are problems with potentially applying accession to body parts?

A

(1) difficulty with determining market value
(2) doctors not in bad faith, following norms

46
Q

One problem with Moore is that it _____ Leg

A

leaves no pressure on the

47
Q

Moore does not address who has the rights when ___

A

spleen cells on the operating table

48
Q

Hecht held that sperm cells ___

A

were property for probate purposes

49
Q

Hecht suggests that people have ___

A

strong interest in their gametic material

50
Q

Generally with frozen embryos either party can ___

A

back out and veto the use of the embryos at any time before implantation

51
Q

Newman holds that people have ___ in their deceased children’s bodies that follows ____

A

quasi-property, duty on next of kin to make burial arrangements

52
Q

Newman prohibited ___

A

coroners from removing corneas for donation

53
Q

Like in Conroy Courts have generally rejected claims based on _____

A

mishandling of dead bodies

54
Q

Courts generally reject claims based on mishandling of dead bodies because ___

A

next of kin have insufficient property rights in body of deceased to support such actions

55
Q

Flynn says that blood can be ____ and marrow is ___

A

sold for consideration, subpart of blood that can be bought and sold

56
Q

Flynn distinguishes blood from other organs because __

A

it can be regenerated (allowing it to be commodified)

57
Q

Flynn says statute doesn’t prohibit collection of bone marrow through this method because ___

A

bone marrow not organ donation

58
Q

Demsetz says that property rights emerge in response to ___

A

increasing value in certain objects and increasing associated externalities and need to internalize those

59
Q

Demsetz says that property rights develop when their implementation becomes ___

A

cost-effective

60
Q

Demsetz suggest that there will an extension of property rights to organs as ___

A

technological availability of organs increases

61
Q

Radin distinguishes between ___

A

personhood property vs. fungible property

62
Q

Radin says property closer to personhood should ___

A

receive greater protection

63
Q

Radin would say once body parts removed they are ___

A

more fungible

64
Q

Radin’s theory explains ____ differentiation

A

gametic

65
Q

Radin domino theory of anti-commodication

A

want to preserve uncommodified version and allowing commodification will make this impossible

66
Q

Radin prophylactic theory of anti-commodification

A

can’t tell if people being coerced into commodifying personhood property so prohibit it as protection

67
Q

Radin prohibition theory of anti-commodification

A

something contrary to human flourishing about making a certain thing commodifiable

68
Q

Nemo dat means that __

A

no one can give that which one does not have

69
Q

Usually first possession gives title, but discovery gives ___

A

right to extinguish title

70
Q

Federal public domain land now seen as __

A

owned by fed govt rather than open access land

71
Q

US govt as trustee until ___

A

settlement and/or extinguish native rights

72
Q

Johnson says that titles ___

A

transferred from tribe to private individuals before American Revolution not recognized under American law

73
Q

Johnson reflects idea that native Americans __

A

don’t understand property or have property system incompatible with Europeans

74
Q

Johnson prioritizes ___ title based on ___ over __

A

sovereign (dominion), discovery, indigenous title (occupancy) based on possession

75
Q

Johnson says can’t give up land to another without __

A

consent from the Govt

76
Q

Discovery brings right to obtain title by ____ OR ___

A

purchase, conquest which extinguishes other property rights

77
Q

In Johnson, occupancy was ___

A

extinguished by treaty with USA

78
Q

McGirt says only Congress has ___

A

authority to abrogate promises made to tribes in form of a treaty

79
Q

McGirt suggests that extinguishing rights is a space ___ because ___

A

where only Fed govt can act, not the States, States agreed to cede land to federal public domain

80
Q

Corrow says that NAGPRA is ___ because defendant was ___

A

not void for vagueness, knowledgeable enough about Navajo culture to be aware of customs and inalienability of the masks

81
Q

Corrow relies on ____ to satisfy scienter requirement

A

defendant’s knowledge of custom

82
Q

Corrow says that due process does not require ___

A

all citizens to receive actual notice of all criminal laws and their meanings

83
Q

Custom test for protected cultural item under NAGPRA

A

(1) not owned by individual Native American ie community ownership
(2) could not be alienated, appropriated or conveyed by an individual (in tribe’s custom)
(3) ongoing historical, cultural or traditional importance central to Native American group

84
Q

If on notice that _____ AND ___ then guilty under NAGPRA

A

item has characteristics of the test, buy/sell it

85
Q

Smith v. James is about __

A

Hopi land dispute

86
Q

Smith says that ______ is required

A

non-adversarial fact-finding hearing to ascertain village custom (find out controlling law) __ before going to evidentiary stage

87
Q

Smith says that Courts need to determine -__

A

custom before hearing the dispute

88
Q

Public trust doctrine does not require ___

A

paying owners for loss of exclusion

89
Q

Why is custom more flexible than public trust

A

(1) Leg can override
(2) expandable to other resources

90
Q

Public trust is not a public easement based on AP because __

A

would require finding of adversity

91
Q

Airspace is controlled by ___

A

federal statute

92
Q

Highways and streets are controlled by ____ NOT ___

A

public pressure/state reg/local govt, federal statute

93
Q

If Fed govt creates dredge or dock then ___ because ___

A

no compensation necessary (anti takings), Con right to remove obstructions

94
Q

Except ____ there is no Constitutional right to public trust

A

navigable waters (navigation servitude under CC)

Property (15 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions