Wild Animals

Question 1

What are the two principles for Wild Animal acquisition?

Answer 1

“law of capture” (possession)
“law of escape”

Pierson v. Post (constructive capture)

Question 2

Law of Capture: Possession

Answer 2

a. Actual
b. Constructive→ Majority says this is ok but just hunting the animal is not. If the animal keeps coming on your property then you can cage it. You must mortally wound or cage the animal. Ex. If you mortally wound deer and it runs 25 miles away you can go retrieve it.

Question 3

Exception to Law of Capture

Answer 3

a. Tresspasser- If ind. enters onto land of another w/o permission and traps then forgoes property rights in favor of land owner
b. Outlaws

Question 4

What happens if animal escapes?

Answer 4

Title is lost

Question 5

Exceptions to Escape?

Answer 5

i. Hot pursuit
ii. Marking→put a collar on it/brand
iii. Habit of return
iv. Not regained “natural habitat”. Zoo exception