Final Exam Flashcards
(40 cards)
Title
Bundle of rights to a property
Types of found property
Mislaid- owner forgets where he placed property
Lost- owner unintentionally parts with property
Abandoned- owner gives up
Treasure trove-old property hidden for a while
Grande vs Jennings
Grande’s father hid money in his walls, Jennings bought property with money, it was mislaid, given to Grande
Adverse possession
Possessor acquires title of personal property after a statutory period has passed
Good faith purchases
Someone unknowingly purchasing stolen goods, owner can recover goods
Ziva jewellery vs car wash headquarters
A car with jewels was stolen while owner went to pay for a car wash, jewels weren’t recovered, car wash was only bailee of car, not jewels, car wash not responsible
Fontainebleau vs Eden Roc Hotel
Fontainebleau blocked Eden roc hotels sunlight during construction, airspace right, court ruled that America does not follow England’s light and air policy in favour of Fontainebleau
Ownership interests
Fee simple- absolute or defeasible
Life estates-owner has rights during their life, cannot sell
Leasehold estate- grants a qualified right for a limited time
Easements-privilege to use property
License
Permission to use someone’s property, can be revoked at any time
2 north st corp vs Getty S Corporations
2 north maintained land belonged to Getty S Corp for 27 years , 2 north was given title because it acted in possession for at least ten years
Constructive eviction
A claim for a tenant that they had to leave because apartment was uninhabitable
Eminent domain
Authority of state and federal government to take private property, must pay fair value for it
Kelo vs. City of London
City wanted to take houses including Kelo’s to build new office buildings, kelos house was in good shape, Supreme Court rules in favour of government for the common food of repairing the area
Public international law
Relations between countries and international organisations
Private international law
Regulation of private individuals and businesses
Comity
How nations respect laws and court decisions of other nations
Not required, done because we want reciprocal treatment
United Nations
Facilitates concerns on defence, trade, human rights
World trade organisation
Promotes and resolves trade disputes involving trade barriers
International court of justice
World court
Parties must agree to submit their dispute to them
Judicial branch of United Nations
Sovereign immunity
Doctrine that foreign nations have their own supreme power and are immune to US courts
Butters vs Vance
A woman who worked for the Saudi government was in Los Angeles helping the Saudi princess who was in the hospital. She was denied a promotion because she was a woman, she sued. Vance international was not liable for discrimination because of sovereign immunity
Civil law system
Rely on written law, detailed statutes, Roman heritage
Europe, Japan, Russia
Common law
Rely on precedent, case law, fill in gaps
US, England, Canada, Australia
Mixed legal system
Mix of civil and common law, used in Louisiana
