Term
EJECTMENT
Replevin (Ejectment)
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Definition
AN ACTION TO RECOVER THE POSSESSION OF LAND
A COMMON LAW ACTION TO REMOVE A PARTY FROM LAND
ELEMENTS OF THE ACTION ARE PROOFS OF THE RIGHT OF POSSESSION
Action for return of the wrongfully taken property itself.
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Term
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Definition
R P T
Rights that people have [with respect] to a thing
Set of relationships:
Rights, privileges, powers, immunities |
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Term
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Definition
| The discovery or conquest of a given land gives a country the exclusive title to that land. |
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Term
| Acquisition by Discovery Cases |
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Definition
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Term
| Acquisition by Capture Cases |
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Definition
Pierson v. Post
Ghen v. Rich
Keeble v. Hickeringi |
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Term
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Definition
Fox
Rule: property of animal is acquired in the occupancy of the animal. Custom was not upheld.
What compromises being first to capture?
Majority: Pierson was first because he had control over the fox by killing. Bright line rule that the person who killed first creates certainty and discourages litigation.
To obtain ownership of a wild animal you must have occupancy or constructive possession of the animal. To create constructive possession you must have netted (make escape impossible) or have mortally wounded and still be in hot pursuit of the animal.
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Term
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Definition
Whale
Rule: When all that is practicable is done to secure animal, it becomes the property of the hunter. Custom upheld to promote industry as well as give greatest benefit.
For first in time, if there is an established custom where the property can be identified, complete control is not necessary. Industry would collapse without this rule.
The rigid rule of first possession gives way to whaler’s custom: the whalers have adopted a cost and market efficient custom that extends the period of property rights. (Custom is applicable when: the custom has been used for a long time; it applies to a limited amount of people; and the custom is recognized by the whole industry; the custom furthers the industries productivity.)
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Term
| Acquisition by Creation Cases |
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Definition
INS v. Associated Press
Cheney Brothers v. Doris Silk Corporation
Smith v. Chanel, Inc. |
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Term
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Definition
(Duck case) Harming another's capture. Competition is good for society, but malicious interference is bad.
Keeble’s property right in the ducks develops upon Hickeringill’s malicious act of scaring the ducks away. One may not hinder another’s livelihood.
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Term
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Definition
WHEN ONE PERSON ADDS TO PROPERTY OF ANOTHER BY LABOR ALONE
IE: A CHOPS B'S TREES AND MAKES FURNITURE WITH THEM |
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Term
| JOHN LOCKE'S LABOR THEORY |
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Definition
| ALLOCATING PROPERTY IN SUCH A WAY THAT IT BENEFITS ALL MEMBERS OF SOCIETY |
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Term
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Definition
A METAPHOR FOR PROPERTY RIGHTS BECAUSE THERE ARE TOO MANY TO LIST; THINK OF A BUNDLE OF STICKS, BREAK INTO A GROUP OF RIGHTS AND ADD A LABEL
EXCLUSIVITY, RECOGNITION BY THE GOVERNING BODY, ABILITY TO USE, TRANSFER, AND EXCLUDE |
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Term
| IF YOU DO NOT HAVE THE BUNDLE OF RIGHTS, WHAT DO YOU HAVE? |
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Definition
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Term
ACTUAL CAPTURE STANDARD (WILD ANIMALS)
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Definition
| PURSUIT IS NOT ENOUGH FOR POSSESSION, MUST BE A DEPRIVATION OF THE BEAST'S LIBERTY |
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Term
| WHAT ARE THREE PUBLIC POLICY REASONS FOR THE ACTUAL CAPTURE STANDARD? |
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Definition
REWARDS SUCCESSFUL HUNTERS
INSURES CERTAINTY IN PROPERTY RIGHTS
MINIMIZES QUARRELS |
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Term
| HAROLD DEMSETZ'S TOWARD A THEORY OF PROPERTY RIGHTS |
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Definition
| COMMUNAL OWNERSHIP (AKA COMMON PROPERTY) INCREASES EXTERNALITIES, PRIVATE OWNERSHIP (AKA PRIVATE PROPERTY) REDUCES EXTERNALITIES |
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Term
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Definition
| THE CONVENTIONAL VIEW THAT AN OWNER OF LAND HAS CONSTRUCTIVE POSSESSION OVER WILD ANIMALS ON HIS LAND |
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Term
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Definition
| PHYSICAL OCCUPANCY OR CONTROL OVER PROPERTY |
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Term
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Definition
| THE TRANSFER OF LAND FROM ONE PERSON TO ANOTHER |
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Term
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Definition
| AN ACTION TO RECOVER THE ACTUAL ITEM AS OPPOSED TO DAMAGES |
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Term
http://www.flashcardmachine.com/my-flashcards/advanced-editor.cgi
http://www.flashcardmachine.com/property-final1.html
http://www.flashcardmachine.com/property7.html
http://www.flashcardmachine.com/property-fall-2011.html
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Definition
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Term
| Theories of private property |
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Definition
Occupation Theory
Natural Rights Theory
Labor Theory
Legal Theory
Social Utility Theory |
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Term
| 2 sides of private property |
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Definition
individual side
social side |
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Term
| What is trespass on the case? |
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Definition
| Trespass on the case is a trespass action where one of the elements of a trespass action is missing. Normally it is used when the acts of the defendant do not cause immediate injury and the injury was indirect or a consequence of an earlier action. It also lies if the defendant had a duty to act and did not or when the property injured was not in possession of the plaintiff. |
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Term
| What generally determines possession of a wild animal? |
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Definition
| The rule of capture usually determines possession of a wild animal. |
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Term
| Under the doctrine of accession, what is the general result when a party adds labor to the goods of another? |
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Definition
| Unless there is a substantial increase in the value of the original property, the original owner is entitled to the value added. If there is a substantial increase in value, the taker must show that he acted in good faith and not willfully. |
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Term
| What is the prima facie case of trespass on the case? |
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Definition
| The plaintiff must plead that the defendant had a duty, that the defendant breached that duty, and that the breach resulted in substantial harm to the defendant. |
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