Final Comprehensive Property Outline

Final Comprehensive Property Outline - Property Outline...

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Property Outline Final exam info: 7 hours it’s going to be on TWEN – look at assignment drop box - email yourself parts of your exam to save so in case computer issue, you have the info saved… during the course of the day check the email address during the day (in case Prof sends an email) Give: Key facts, Issue, Relevant law, tie them together I. Acquisition / Theories of Property (Property rights = sticks in a bundle; Relationships with respect to things) a. Acquisition by Discovery 1-9, 14-17 i. First in time, first in right (doesn’t always prevail though) 1. Ex. When P argues that the purchase was legitimate because the purchases were from the Piankeshaw Indians in 1773 and 1775, while the D got the land under a grant from the United States but AFTER the P got the land, the D won because the Piankeshaw were not able to actually convey the land because they never “owned” it. ii. Property rights are sticks in a bundle. Concept of discovery: discovery moved one stick in the bundle (right to convey) to the Europeans. iii. Even the right to self-governance (sovereignty) was diminished. This was another stick in the bundle that sort of shifted over. iv. What did discovery give originally? Answer: The right to acquire by purchase. When that didn’t work out, it became acquisition by force. v. US title to land is based on Acquisition by Discovery: Being the first Europeans/Christians to find land. Land has ability to be discovered if the people there were not like them. THEN, first-in-time applied among the European nations b. John Locke’s theory: A person can gain ownership of property when he takes it out of his natural state and changes it by his own labor… i. “Mix your labor” with some kind of property, then it becomes yours. ii. Idea that your labor makes the difference iii. Locke’s one caveat: As long as there is some of that property left for others. iv. Labor theory limitations: 1. Culturally relativistic way of looking at it 2. What happens if someone dies after doing all the labor? 3. It seems to encourage picking up tons of acorns, is that resource-labor maximally efficient? c. Acquisition by Capture 17-23, 27-28 i. Possession is a stick in the bundle, but doesn’t always prevail ii. Pierson v. Post 1. Facts: Post was chasing a fox with his dogs when Pierson decided he wanted the fox too, so he killed it and took it away. 2. Charge/Cause of Action used here: “trespass on the case” by stealing the fox 3. Issue: whether Post, by the pursuit with his hounds in the manner alleged in his declaration, acquired such a right to, or property in, the fox, as will sustain an action against Pierson for killing him and taking him away. 1
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a. Remember the sticks in the bundle: whether the interest that Post acquired in the fox was adequate to bring an action against Pierson.
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  • Fall '09
  • Flournoy

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