Property Law - FINAL Questions Perfectly Answered!!

Fairness/labor Theory - Property rights are a reward for labor spent in creating/improving property. Certainty - Property law should create a system in which purchasers can easily determine property ownership; property rules should be clear and easy to administrator. Personhood - Owning property allows people to express themselves through creative uses of property and serves important ends like privacy and security. Property often has sentimental value that is not accounted for by the market. Owning property allows you to express yourself. Democracy - Unless one's property is protected, all other freedoms may become meaningless. By owning property, you are invested in being involved in the democracy. Privileged entry - trespass that is justified by the necessity of entry in order to protect life or property. Ad Coelum Doctrine - "Whoever owns the soil, it is theirs all the way up to Heaven and down to Hell." Easement - an interest in land in the possession of another which entitles the owner of such interest to a limited use or enjoyment of the land in which the interest exists Affirmative easement - a right to do something on someone else's property Negative easement - the right to prevent a landowner from doing something on her land that she would otherwise be able to do Res nullius - property that is unowned (governed by rule of capture)Pierson v. Post - [fox] RULE: a mere chase does not give a person possession; rather, possession = actual bodily seizure or moral wounding with intent to keep it or deprivation of the animal's natural liberty so that the capturer is in control of the animal Popov v. Hayashi - [baseball] PRE-POSSESSORY INTEREST - where an actor undertakes significant but incomplete steps to achieve possession of a piece of abandoned personal property and the effort is interrupted by the unlawful acts of others, the actor has a legally cognizable prepossessory interest in the property Prior appropriation system - the first in time to "possess" the water is first in right, so long as the use lasts Riparian doctrine - Riparian (borders on stream or river) landowners are entitled to make reasonable use of the water law of finders - finder does not have absolute ownership, but has title good against "all but the rightful owner" Abandoned property - the owner has voluntarily relinquished rights to the property; the finder obtains ownership of the property against all others, including the former owner Lost property - the owner has involuntarily and unintentionally lost possession; the finder obtains title subject to the rights of the original owner Mislaid property - the owner voluntarily and intentionally places the property somewhere and then neglects to return for it or forgets where it is; the owner of the locus in quo, rather than the finder, obtains the right of possession against all but the true owner Treasure trove - coins, currency, jewels, gold, or silver, found hidden in the earth or another private place; belongs to the finder, not the owner of the land where found, subject to the rights of the true ownerLocus in quo - the place where the item is found (private property vs. public property) can make a big difference in the law of finders Bailment - created when one person has possession of the personal property of another for some particular purpose Inter vivos - gift giving between living persons Testamentary - gifts that pass by will and/or gifts that pass by a gift causa mortis Adverse possession - actual, exclusive, open and notorious, continuous adverse possession that transfers property rights to outsider DISCOVERY RULE for adverse possession of personal property - Begins the statutory period for adverse possession when the true owner discovers or should have discovered through reasonably diligence the adverse possessor's possession of the property DEMAND AND REFUSE RULE for adverse possession of personal property - Requires that (1) the true owner must demand the personal property be returned, and (2) the possessor must refuse to return it Patents - granted for "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvements thereof" Copyright - covers "original works of authorship fixed in any tangible medium of expression" and does not require registration Copyright term limit for known authors - lifetime + 70 yearsCopyright term limit for anonymous authors - 95 years from publication or 120 years from creation Fair Use exception - fair use of a copyrighted work for purposes of criticism, comment, news reporting, teaching, scholarship, or research, is not an infringement of copyright