Concept of Property
Property Owned by the government
What is public property?
This when the Supreme Court grants an appeal to be heard
What is writ of certiorari?
Rights in land and things attached to land
What is real property?
What are the three factors that determines justiciability?
What is Chattel?
The idea that certain rights naturally exist as a matter of fundamental justice regardless of government action
What is the Natural Law Theory?
The Supreme Court can hear these cases for the first time: cases that affect ambassadors, public ministers and counsels, and cases in which the state is a party.
What is the Supreme Court's original jurisdiction?
Possession cannot be shared with the owner or the public
What is exclusive possession?
A plaintiff can bring a claim on behalf of another party when there is a close relationship between the plaintiff and the other party. The plaintiff has to be an effective advocate for the other party, the other party cannot assert their own rights, or the plaintiff is an organization that is asserting the rights of its members. If an organization wants to assert the rights of its members the members would have to have standing on their own, the interests are related to the organizations purpose, and the relief asserted goes to individual members
What is a 3rd party plaintiff?
A lawsuit to recover possession of personal property
What is Replevin?
Property is a human invention. It is not a natural right that exists. It exists only to the extent the government recognizes
What is legal positivism?
The Supreme Court can review prior judicial decisions from an inferior court.
What is appellate jurisdiction?
Items of personal property attached to real property; usually treated as real property
What are fixtures?
Roy went to a gas station where he saw a puddle of water and he didn't fall. He decided he wanted to sue the gas station for not posting signs. The court dismissed the case because there was no case in controversy and the court cannot hear cases that have a potential future harm.
What is ripeness?
A court cannot hear a case unless there is a case in controversy unless the harm is immediate.
Khalid and Doraian are dating. Things have been going pretty well. Khalid decided that he wanted to surprise Doraian on their one year anniversary by buying her a Birkin and give it to her at their dinner. At the dinner Khalid professes his love for her and hands her the purse. He said the purse represents the love he will always have for her. Doraian happily takes the bag and starts taking photos with it. As Khalid is driving Doraian home, he gets a call. Apparently, Khalid was secretly gambling and racked up a huge debt. Khalid had the idea to pay off his debts, by selling the Birkin. Khalid asked Doraian for the purse back. She refused and Khalid sued. The court found that Doraian owned the bag.
What is an inter vivos gift?
Elements:
1. Donative intent
2. Delivery
3. Acceptance
Right to exclude: any owner may exclude others and how their property may be used
Right to Transfer: any owner may freely transfer or alienate any of her property to anyone. The law regulates who, what, and how property can be transferred.
Right to Destroy: An owner can destroy their property so as longs as it does not substantially interfere with another's property, impede on social grown and wellbeing, or has substantial value.
Right to Use: An owner has the right to use her property however she pleases so as long it doesn't interfere with others
What are the bundle of rights?
This branch of government has the power to regulate the Supreme Court's appellate jurisdiction by placing limits on what cases can be appealed. However, this branch does not have the power to add what cases can have original jurisdiction.
What is Congress?
Symphony Anderson is a rice farmer. She comes from a long line of farmers. Each generation passes the title of the farming property to the next. Her grandmother believed she owned a field of rice. Every day for fifteen years, her grandmother would grow, water, and harvest rice. She passed away in 2000. In her will, she stated that she wanted to give the farms to Symphony. Symphony soon after took over the fields and maintained them as her grandmother did for eleven years. In 2011, Cynthia approached Symphony with a deed showing that her family owned the fields. Cynthia tried to quiet the deed but the court found that Anderson's adversely possessed the land for twenty-one years.
The farms are located in a jurisdiction that requires fifteen years for property to adversely possessed.
What is tacking?
Monshita was watching the news and saw that President Biden signed a 5.6 billion bill for extra funds for EBT. Monshita became extremely upset and filed a lawsuit because she felt that the government was improperly spending her tax. The court dismissed the case because Monshita and citizens cannot sue the government for how it decides to dispense money.
What is a generalized grievance?
A plaintiff cannot assert generalized grievance. A plaintiff cannot sue as a citizen or a tax payer for the government to follow the law. Exception: when a taxpayer wants to sue the government for spending money that in a way violates the establishment clause (congress cannot establish a law that respects and establishes a law of religion). It has to be money and not property.
Anouar is hunting wild ducks in the marsh of Mississippi. He has brought along his duck caller, hunting dogs, and a crossbow. Anouar used his duck caller to call the ducks out of the marsh. Just as the flew over Anouar he shot a bow and clipped the wing of a duck. It fell down and wasn't badly injured. Anouar went to sent his dog to retrieve the duck but about time Anouar got to the scene duck he noticed that Nick killed the duck with his riffle. Nick placed the duck over his shoulder. Before he left, Nick also tried to attach a leash to Anouar's dog an take it with him. The court awarded Nick the duck because he gained control of the duck. However, the court ruled that the dog belonged to Anouar.
What is the rule of capture?
Rule of Capture- awards property rights to the person who brings a wild animal under her control
Those that have a habit of returning (pets and domestic animals) are still owned by the person it left
If capture is on another’s property, the animal belongs to the owner of the property because the owner owns everything that is connected to the property
First possession: whoever is able to gain possession to the property first claims rights to the property.
Encourage Labor: Each person is entitled to property produced through their own labor. (Transfer of "spirit into property")
Maximize societal happiness: Property promotes the welfare of all citizens when used efficiently (Universality, exclusivity, transferability)
Ensure Democracy: creates a relationship between the states and people
Facilitate Personal Development: Property is necessary for an individual's personal development. Each person has a close emotional connection to tangible things which becomes part of them.
What are the theories of Property?
Federal laws
Treaties
Arises under the constitution
Admiralty and maritime jurisdiction
Controversies where the country is a party
Controversies where a state is a party
Controversies between citizens of different states (plus amount in controversies)
What are the types of cases in controversy do federal courts have jurisdiction?
Kennedy owns 15 acres in Fort Myers, FL. The property is connected to Carlin's property. Kennedy uses most of the property for her horses, but part of the 15 acres are covered in trees. Carlin has been using 5 acres of Kennedy's property for 10 years. He has monthly bonfires and hosts a summer camping trip for his friends every year. After hosting bonfires for two years, Carlin built a fence on the property and asked Kennedy if she would go half with him. She agreed since the fence would stop her horses from going into the woods. In December Carlin decided to build a pool on the property. However, he learned that Kennedy owned the property. He files suit to quiet the title. The court grants the property to Carlin. Florida is a jurisdiction where the state of mind is irrelevant.
What is adverse possession?
Elements:
1. Actual possession
2. Exclusive possession
3. Open and notorious
4. Adverse and hostile
Snoop Dogg bought a marijuana vending machine from Marijuana A Little Lamb. The vending machine caught fire and burned his entire stock. Snoop Dogg sued Marijuana A Little Lamb to replace his vending machine and marijuana supply. During the trial, the company replaced the vending machine and marijuana. The court dismissed the case because there was no longer a case in controversy.
What is mootness?
A court will dismiss a case for mootness because there is no longer a remedy that the court can grant. The issue does not have to be resolved.
Nikki recently went to the nail salon to get a refill. While waiting, she became extremely hot and took off her wig (Beyoncé quality). (Don't worry she had a cute protective style underneath!) She carefully put her wig in a storage package. She dropped the wig on side of her chair by accident and didn't notice until someone kicked it when they walked into the salon. She picked up the wig and moved it under the chair she was sitting in. When it was her turn to get her nails done, she ran to the chair leaving the wig there. Later in the day, Kim found the wig on the floor and asked everyone in the nail salon who it was for. No one responded so Kim gave the wig to the owner, Andell. Andell turned it over to the police. After a year, the police gave it back to Andell despite Kim's request. Kim believed she owned the wig since she found it. The court ruled that the wig should return to Andell because Nikki voluntarily and knowingly placed the wig under the chair, and she forgot to get it before she left.
What is mislaid property?
Mislaid property- property is mislaid when the owner voluntarily and knowingly places it somewhere but then unintentionally forgets it
Property returns to the owner
Property goes to the person who owns the property where item was mislaid because it would be easier to find the true owner
If found by a party working for the party, it goes to the business