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Lenb Exam Study Guide Solutions real property - ANSWER-not as important as intellectual property in today's world property law - ANSWER-you have exclusive use to something ownership - ANSWER-there was a transfer of rights (legally) who gets the rights to property? - ANSWER-transfer of rights, conquests, "first in time," "highest and best use" highest and best use - ANSWER-basis for eminent domain Johnson vs. McIntosh - ANSWER-supreme court case (with John Marshall) where only white christian males can discover land. Still in place today called discovery Pierson vs. Post (1805) - ANSWER-Post is hunting for a fox, chases it all day long until they tire it out. Finally, when it's cornered, his neighbor Pierson hops out of the grass and shoots the fox and claims the fox. Pierson Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 2/7 wins since he has proof he killed the fox. Pursuit and wounding is not enough in common law Swift vs. Gifford (1874) - ANSWER-Swift vs. Gifford (1874 Mass)- Gifford hunting whales, catches one with his harpoon, trying to tire it out, then Swift comes along and throws his harpoon into it, and he wins the battle over the whale. Gifford had a physical connection to the whale, but pursuit and wounding is not enough. Brought in experts and they decided that the "first iron holds the whale" if your line hold

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Lenb Exam Study Guide Solutions


real property - ANSWER✔✔-not as important as intellectual property in

today's world


property law - ANSWER✔✔-you have exclusive use to something


ownership - ANSWER✔✔-there was a transfer of rights (legally)


who gets the rights to property? - ANSWER✔✔-transfer of rights,

conquests, "first in time," "highest and best use"


highest and best use - ANSWER✔✔-basis for eminent domain


Johnson vs. McIntosh - ANSWER✔✔-supreme court case (with John

Marshall) where only white christian males can discover land. Still in place

today called discovery


Pierson vs. Post (1805) - ANSWER✔✔-Post is hunting for a fox, chases it all

day long until they tire it out. Finally, when it's cornered, his neighbor

Pierson hops out of the grass and shoots the fox and claims the fox. Pierson



Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 1/7

, wins since he has proof he killed the fox. Pursuit and wounding is not

enough in common law


Swift vs. Gifford (1874) - ANSWER✔✔-Swift vs. Gifford (1874 Mass)-

Gifford hunting whales, catches one with his harpoon, trying to tire it out,

then Swift comes along and throws his harpoon into it, and he wins the

battle over the whale. Gifford had a physical connection to the whale, but

pursuit and wounding is not enough. Brought in experts and they decided

that the "first iron holds the whale" if your line holds, thats your whale


Glen vs. Rich (1881) - ANSWER✔✔-Early examples of a trademark


trademark law - ANSWER✔✔-any unique identifier, such as company

symbols, words, sounds that last forever


Apple vs. Apple Corps (Beatles Record Label) - ANSWER✔✔-licensed their

trademark to Apple as long as they didn't make music. Computers started

making music and Apple was sued by the record label. Eventually Apple

bought out the trademark name for 500m




Copyright ©EMILLYCHARLOTE 2025 ACADEMIC YEAR, ALL RIGHTS RESERVED. Page 2/7

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