PROPERTY LAW EXAM QUESTIONS AND
CORRECT ANSWERS
First Possession Theory - CORRECT ANSWERS Protects the person that is there first. First-
in-time, first-in-possession.
Labor Theory - CORRECT ANSWERS Each person is entitled to property produced through
her labor, according to Locke
Utilitarian Theory - CORRECT ANSWERS Property exists to maximize the overall happiness
of society, according to Bentham; the law and economics variant measures happiness in terms
of wealth.
Civic Republican Theory - CORRECT ANSWERS Property is necessary for democracy to
function.
Personhood Theory - CORRECT ANSWERS Property is necessary for an individual's
personal development, according to Hegel and Radin.
Law of capture (Pierson v. Post) - CORRECT ANSWERS Merely finding and chasing a wild
animal does not give a person possession. Even merely wounding the animal will not give right
to possession. The animal must be captured or killed in order to constitute possession.
Appropriation of Identity Rule - CORRECT ANSWERS Television and other media create
marketable celebrity identity value. The law protects the celebrity's sole right to exploit this
value whether the celebrity has achieved her fame out of rear ability, dumb luck, or a
combination thereof.
Right of Publicity Elements - CORRECT ANSWERS 1. Defendant's use of plaintiff's identity.
,2. Appropriation of plaintiff's name of likeness to the defendant's advantage, commercial or
otherwise.
3. Lack of consent, and
4. Resulting injury.
Right to Transfer (Johnson v. McIntosh) - CORRECT ANSWERS The title of land which has
been discovered and conquered belongs entirely to the conquering nation, subject only to the
right of those natives present to occupy the land.
Bundle of Sticks - CORRECT ANSWERS 1. Right to Use
2. Right to Exclude
3. Right to Destroy
4. Right to Sell
5. Right to Give Away
Elements of Conversion (Personal Property) - CORRECT ANSWERS 1. Plaintiff owns or has
the right to possess the personal property in question;
2. Defendant intentionally interfered with the plaintiff's personal property;
3. The interference deprived the plaintiff of possession or use of the personal property in
question; and
4. The interference caused damages to the plaintiff.
Private Necessity - CORRECT ANSWERS single person serving the interest of another or a
group
Public Necessity - CORRECT ANSWERS Absolute defense, emergency action to protect
community as a whole or a significant group of people - no liability for damage
, Rule for Exception of Right to Exclude (State v. Shack) - CORRECT ANSWERS Trespass does
not include a situation where representatives of recognized charitable groups enter private land
in order to provide government aid to those workers who need it.
Spite Fence Rule - CORRECT ANSWERS No property owner has the right to erect and
maintain an otherwise useless structure for the sole purpose of injuring his neighbor. This rule is
applicable only to structures which serve no useful purpose, and which are erected for the sole
purpose of injuring adjoining property owners.
Rule of Prah v. Maretti - CORRECT ANSWERS When a landowner uses solar energy, and a
new structure will unreasonably interfere with his use and enjoyment of his solar-powered
property, the construction of the new structure can be enjoined under the theory of private
nuisance.
Nuisance Law: Intentional - CORRECT ANSWERS If the defendant acts for the purpose of
causing the harm or knows that harm is resulting or substantially certain.
Nuisance Law: Nontrespassory - CORRECT ANSWERS Light, odor, noise, vibrations, and
other intrusions that do not involve physical entry onto the plaintiff's land meet this element.
Nuisance Law: Unreasonable - CORRECT ANSWERS In some states, this is conduct that
causes substantial harm; in most states, the gravity of harm must outweigh the utility of the
conduct.
Nuisance Law: Substantial Interference - CORRECT ANSWERS There must be a "real and
appreciable invasion of the plaintiff's interests," involving "more than slight inconvenience or
petty annoyance."
CORRECT ANSWERS
First Possession Theory - CORRECT ANSWERS Protects the person that is there first. First-
in-time, first-in-possession.
Labor Theory - CORRECT ANSWERS Each person is entitled to property produced through
her labor, according to Locke
Utilitarian Theory - CORRECT ANSWERS Property exists to maximize the overall happiness
of society, according to Bentham; the law and economics variant measures happiness in terms
of wealth.
Civic Republican Theory - CORRECT ANSWERS Property is necessary for democracy to
function.
Personhood Theory - CORRECT ANSWERS Property is necessary for an individual's
personal development, according to Hegel and Radin.
Law of capture (Pierson v. Post) - CORRECT ANSWERS Merely finding and chasing a wild
animal does not give a person possession. Even merely wounding the animal will not give right
to possession. The animal must be captured or killed in order to constitute possession.
Appropriation of Identity Rule - CORRECT ANSWERS Television and other media create
marketable celebrity identity value. The law protects the celebrity's sole right to exploit this
value whether the celebrity has achieved her fame out of rear ability, dumb luck, or a
combination thereof.
Right of Publicity Elements - CORRECT ANSWERS 1. Defendant's use of plaintiff's identity.
,2. Appropriation of plaintiff's name of likeness to the defendant's advantage, commercial or
otherwise.
3. Lack of consent, and
4. Resulting injury.
Right to Transfer (Johnson v. McIntosh) - CORRECT ANSWERS The title of land which has
been discovered and conquered belongs entirely to the conquering nation, subject only to the
right of those natives present to occupy the land.
Bundle of Sticks - CORRECT ANSWERS 1. Right to Use
2. Right to Exclude
3. Right to Destroy
4. Right to Sell
5. Right to Give Away
Elements of Conversion (Personal Property) - CORRECT ANSWERS 1. Plaintiff owns or has
the right to possess the personal property in question;
2. Defendant intentionally interfered with the plaintiff's personal property;
3. The interference deprived the plaintiff of possession or use of the personal property in
question; and
4. The interference caused damages to the plaintiff.
Private Necessity - CORRECT ANSWERS single person serving the interest of another or a
group
Public Necessity - CORRECT ANSWERS Absolute defense, emergency action to protect
community as a whole or a significant group of people - no liability for damage
, Rule for Exception of Right to Exclude (State v. Shack) - CORRECT ANSWERS Trespass does
not include a situation where representatives of recognized charitable groups enter private land
in order to provide government aid to those workers who need it.
Spite Fence Rule - CORRECT ANSWERS No property owner has the right to erect and
maintain an otherwise useless structure for the sole purpose of injuring his neighbor. This rule is
applicable only to structures which serve no useful purpose, and which are erected for the sole
purpose of injuring adjoining property owners.
Rule of Prah v. Maretti - CORRECT ANSWERS When a landowner uses solar energy, and a
new structure will unreasonably interfere with his use and enjoyment of his solar-powered
property, the construction of the new structure can be enjoined under the theory of private
nuisance.
Nuisance Law: Intentional - CORRECT ANSWERS If the defendant acts for the purpose of
causing the harm or knows that harm is resulting or substantially certain.
Nuisance Law: Nontrespassory - CORRECT ANSWERS Light, odor, noise, vibrations, and
other intrusions that do not involve physical entry onto the plaintiff's land meet this element.
Nuisance Law: Unreasonable - CORRECT ANSWERS In some states, this is conduct that
causes substantial harm; in most states, the gravity of harm must outweigh the utility of the
conduct.
Nuisance Law: Substantial Interference - CORRECT ANSWERS There must be a "real and
appreciable invasion of the plaintiff's interests," involving "more than slight inconvenience or
petty annoyance."
