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Property Law Fundamentals
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Property Law Fundamentals
Property Law Fundamentals
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1
Question
What components make up the Blackstonian bundle of property rights?
Page 1
Answer
Right to possess, privilege to use, right to exclude others, right to transfer title, right to make a gift, right to sell, immunity from expropriation without consent, and right to quiet enjoyment.
2
Question
How does fee simple ownership relate to the Blackstonian bundle?
Page 1
Answer
Fee simple is the broadest right, but owners often have some but not all bundle rights and cannot do whatever they want.
3
Question
What distinguishes possession from title in property law?
Page 1
Answer
Possession requires dominion and control over property; title is legal ownership, as in a tenant possessing but landlord holding title.
4
Question
Why did the court in The Antelope case rule slaves unclaimed property?
Page 1
Answer
Spanish vessel captured with Portuguese slaves aboard; absence of Portuguese claimants meant slaves were unclaimed and should go to U.S.
5
Question
How did Dred Scott decision link Black people to property status?
Page 1
Answer
Most Black people were property when Constitution drafted, so all deemed inferior and excluded from constitutional rights; federal government barred from limiting slavery as possession.
6
Question
Why can individuals not sell organs but can sell blood?
Page 2
Answer
No right to sell organs for transplant; most states allow blood sales to banks as permitted tissue sales.
7
Question
What was the holding in Moore v. Regents regarding tissue ownership?
Page 2
Answer
Patients do not own tissue once removed; human tissue is not property, even if used for profitable cell lines.
8
Question
How did Wana the Bear v. Community Construction treat burial grounds?
Page 2
Answer
Not a public cemetery due to non-continuous use; unmarked graves get limited common law protection, but states now legislate more.
9
Question
What does NAGPRA require for cultural items in federal hands?
Page 2
Answer
Human remains and cultural items held by federal agencies/museums with funds turned over to lineal descendants or appropriate tribes/orgs.
10
Question
Why is cultural property generally not recognized?
Page 2
Answer
Not at common law or by statute, except specific laws like NAGPRA for federal items.
11
Question
Compare tragedy of the commons to tragedy of the anti-commons.
Page 3
Answer
Commons: many users, no owners, no exclusion leads to overuse. Anti-commons: many owners, exclusion leads to under-utilization.
12
Question
What free-rider problem does utilitarian IP theory address?
Page 3
Answer
Public goods non-rivalrous consumption without interference encourages free-riders, justifying property to incentivize creation.
13
Question
How does Lockean theory justify property entitlement?
Page 3
Answer
People entitled to products of their labor unless it worsens others' position; critiques include ignoring Native labor.
14
Question
What binds creator identity in Hegelian theory?
Page 3
Answer
Creative process merges inventor's identity with invention, like madman inventor toiling.
15
Question
What preempts state copyright law?
Page 3
Answer
Federal Copyright Act regulates and preempts state law.
16
Question
How does Lanham Act limit trademark protection?
Page 3
Answer
Applies only to goods, not services; trademarks protect names/symbols identifying producers.
17
Question
Why was Warhol's use not fair use in Goldsmith case?
Page 4
Answer
One-time license for artwork vs company's many-time licensing; not transformative enough under fair use factors.
18
Question
List the four fair use test factors.
Page 4
Answer
1. Purpose/character (transformative tips favor). 2. Nature of work. 3. Amount/substantiality used. 4. Market effect/value.
19
Question
What rights do patent owners hold without use obligation?
Page 4
Answer
Rights to inventions including destroy and exclude others; no duty to use invention.
20
Question
Why did Johnson v. M'Intosh invalidate Indian land transfer?
Page 4
Answer
Indians lack right to transfer land; doctrine of discovery gives title to discoverer against other Europeans.
21
Question
How did U.S. inherit discovery rights from Britain?
Page 5
Answer
Independence gained exclusive right to extinguish Native occupancy, making government sole land title entity.
22
Question
What three elements complete an inter vivos gift?
Page 5
Answer
1. Intent to transfer ownership. 2. Delivery (physical/constructive/symbolic). 3. Acceptance by donee.
23
Question
When is an engagement ring gift finalized?
Page 5
Answer
Most courts order return if no marriage; finalized once marriage begins.
24
Question
How do wills differ from intestacy transfers?
Page 5
Answer
Wills let testators choose devisees; intestacy follows state statutes to relatives if no will.
25
Question
What avoids probate in property transfer?
Page 6
Answer
Transfer-on-death contracts and joint tenancy with survivorship pass automatically without probate.
26
Question
Why did Pierson prevail over Post in fox capture?
Page 6
Answer
Mere pursuit gives no right; Post chased but Pierson killed and carried fox away.
27
Question
What pre-possessory interest did Popov claim?
Page 6
Answer
Glove stopped baseball trajectory creating interest, but lacked secure full control for possession.
28
Question
Does harpooning a whale suffice for possession?
Page 6
Answer
Raised as question; analogous to partial control cases like baseball or fox.
29
Question
What limits rule of capture for oil and gas in Eliff v. Texon?
Page 7
Answer
Owner acquires produced oil/gas from land, even migrated; but liable for negligent waste/destruction.
30
Question
In Christy v. Scott, why did Scott lose despite ejecting Christy?
Page 7
Answer
Scott failed to show title; invalidity defenses insufficient without legal title proof.