Lecture 1: What is property? Flashcards
What is the oldest subject in common law?
Land law and property law
This subject has a long history and is rooted in the legal traditions established during the Norman colonial era.
What language was imposed as legal terms during the Norman colonial era?
French
The Normans introduced French legal terminology that influenced the development of English legal language.
What is ‘law french’?
A full dictionary of norman French words used in legal contexts
Law French refers to the specialized vocabulary adopted during the Norman period for legal purposes.
What happened to Latin in the context of land law?
It was gradually gotten rid of
As legal language evolved, Latin was replaced by Norman French terms in legal documents.
What makes land law and property law complex?
The language used and the lack of a fully worked out theory of property
The complexity arises from archaic terminology and the absence of a cohesive theoretical framework.
What were the schools of thought related to land law?
Different schools of thought exist without a unified theory
This variety contributes to the complexity and differing interpretations within land law.
Fill in the blank: The language of land law contains a lot of _______.
archaic language
The use of outdated terms can make understanding land law challenging.
True or False: Norman French legal terms were completely abandoned in England.
False
While Latin was removed, many Norman French terms remained in use.
What is one reason for the complexity of land law aside from language?
No fully worked out theory of property like in Roman law or French law
The absence of a comprehensive theoretical framework complicates the understanding of property rights.
What is property according to the realist philosophy?
A fact that can be perceived with the senses and evidenced.
What example illustrates the realist philosophy of property?
The claim that Greenland is in Denmark.
What misunderstanding occurred between the pilgrims and the local Indians regarding property?
The pilgrims believed they purchased the land, but the Indians did not understand the transaction.
What is an example of property that can be bought?
Trump Tower.
What does possession refer to in the context of property?
A fact related to custody and control, not merely physical control.
What was the primary form of wealth/property during William’s time?
Land.
What does ‘title to land’ refer to?
A legal claim that gives ownership of the land.
What is the second philosophy regarding property?
Idealism, which views property as a right.
What is the significance of a writ of rights in property ownership?
It proves ownership.
What is ownership in property considered?
The highest right a man can have in property.
Fill in the blank: Ownership is a _______ right than possession.
higher
True or False: Possession is not considered a right.
False.
What can you do with your rights according to the concept of ownership?
You can give them away (waive them).
What is a right in the context of medieval times?
A privilege
In medieval times, rights were often seen as privileges granted to certain classes.
What significant change occurred regarding rights from medieval times to today?
All men and women have rights, so there’s no privilege anymore
