©SIRJOEL EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
Lenb Exam Study Guide.
Real property - Answers✔not as important as intellectual property in today's world
property law - Answers✔you have exclusive use to something
ownership - Answers✔there was a transfer of rights (legally)
who gets the rights to property? - Answers✔transfer of rights, conquests, "first in time,"
"highest and best use"
highest and best use - Answers✔basis for eminent domain
Johnson vs. McIntosh - Answers✔supreme court case (with John Marshall) where only white
christian males can discover land. Still in place today called discovery
Pierson vs. Post (1805) - Answers✔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 wins since he has proof he killed the fox. Pursuit and wounding is
not enough in common law
Swift vs. Gifford (1874) - Answers✔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) - Answers✔Early examples of a trademark
trademark law - Answers✔any unique identifier, such as company symbols, words, sounds that
last forever
Apple vs. Apple Corps (Beatles Record Label) - Answers✔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
customer confusion - Answers✔when other people use the trademarks of other companies and
take their business because customer think they work for that company
1|Page
ALL RIGHTS RESERVED.
Lenb Exam Study Guide.
Real property - Answers✔not as important as intellectual property in today's world
property law - Answers✔you have exclusive use to something
ownership - Answers✔there was a transfer of rights (legally)
who gets the rights to property? - Answers✔transfer of rights, conquests, "first in time,"
"highest and best use"
highest and best use - Answers✔basis for eminent domain
Johnson vs. McIntosh - Answers✔supreme court case (with John Marshall) where only white
christian males can discover land. Still in place today called discovery
Pierson vs. Post (1805) - Answers✔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 wins since he has proof he killed the fox. Pursuit and wounding is
not enough in common law
Swift vs. Gifford (1874) - Answers✔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) - Answers✔Early examples of a trademark
trademark law - Answers✔any unique identifier, such as company symbols, words, sounds that
last forever
Apple vs. Apple Corps (Beatles Record Label) - Answers✔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
customer confusion - Answers✔when other people use the trademarks of other companies and
take their business because customer think they work for that company
1|Page
