Possession
The rule that ownership of wild animals arises when a person gains certain control over the animal, usually through trapping or killing.
What is capture?
These two elements, along with intent, must be present for a valid gift.
What are delivery and acceptance?
Name all the types of IP
Copyright, Trademarks, Trade Secrets & Patents
The largest possible ownership interest in land, with potentially infinite duration.
What is fee simple absolute?
Property law historically treated these animals as unowned until someone captured them.
What are wild animals?
This element of possession requires physical control over property so that others cannot easily interfere with it.
What is dominion and control?
This type of gift is made during the donor’s lifetime and becomes effective immediately.
What is an inter vivos gift?
This doctrine states that copyright protects expression, but not this.
What are ideas?
An estate in land that lasts for the lifetime of a specified person.
What is a life estate?
Two farmers own land next to the same river. One farmer begins diverting so much water to irrigate crops that the downstream farmer no longer has enough water for normal household use. Under the doctrine that governs water rights for landowners whose property borders a watercourse, each owner is entitled to this type of use of the water.
What is reasonable use?
Eastern rule → riparian reasonable use
Under property law, a person who finds lost property generally has rights to the property against everyone except this person.
Who is the true owner?
This type of gift is made in contemplation of the donor’s imminent death and can be revoked if the donor survives.
What is a gift causa mortis
One major justification for intellectual property law is that it encourages people to do this.
What is create or innovate?
An estate that automatically ends when a stated condition occurs is known as this type of defeasible estate.
What is a fee simple determinable?
Under the rule of capture, neighboring landowners may compete to extract natural resources because ownership depends on this act.
What is capturing or extracting the resource?
Name all the elements of Adverse Possession
what is continuous, exclusive, hostile, open, and notorious
When the donor transfers something that gives access to the property—like handing over a key to a car—this type of delivery has occurred.
What is constructive delivery?
A book, song, or painting may receive protection because it is this type of work.
What is an original work of authorship?
This historical estate restricts inheritance so that land passes only to the direct descendants of the original grantee.
What is a fee tail?
Even under the rule of capture, property law may restrict extraction when it causes this type of unreasonable interference with others’ property.
What is waste or unreasonable harm to neighboring land?
A painter discovers that three of her paintings disappeared from her gallery in the 1940s. Decades later, she learns that a private collector has been displaying the paintings in his home after purchasing them from an art dealer years earlier. The collector argues that he bought them in good faith and has possessed them for many years. Does the private collector own the paintings?
What is no, a good-faith purchaser of stolen property cannot obtain property title, and the statute of limitations may not begin until the true owner discovers or reasonably should discover where the property is?
A donor says “I will give you my car next year,” but keeps the car. The missing legal requirement that makes the gift invalid is this.
What is present intent to transfer ownership?
A novelist publishes a mystery about a detective who solves crimes using coded messages hidden in paintings. A year later, another author releases a book with a nearly identical plot and a similar detective character. However, the second author can show that she had never seen or read the first book and developed her story independently. Even though the two works are strikingly similar, the first novelist is unlikely to win because...
What is similarity alone is not enough—there must be copying?
When the grantor retains the power to reclaim property after a condition is violated, the grantor holds this future interest.
What is a right of entry?
In a dry western state, a rancher was the first person to divert water from a river and use it to irrigate crops. Years later, a new landowner upstream begins using water from the same river but reduces the rancher’s supply. Under the western water doctrine that allocates rights based on the order in which water was first put to beneficial use, the rancher likely prevails under this rule.
What is prior appropriation?
Western rule → prior appropriation / first in time