odd and ends Flashcards
what is “Tragedy of the Commons”
Everybody had incentive to use the common land. because no one owns the Commons to stick one more cow in the comments. Too many cows they kill everything . think oceans, space, the Arctic circle is being polluted.
What are externalities
externalities, the things that you do, but you don’t pay the cost for. big businesses that pollute a lot have a lot of NEGATIVE externalities. They gain all of the benefits from their business, whatever they’re producing or they’re making but they don’t bear any or the cost of the pollution so there must be positive ones?
economic_Theory:
privatization reduces negative externalities on innocent or uninvolved parties. Everybody wants to preserve what they own. And you should reap the benefit, but also the cost of your actions. economic analysis favors private rights because they believe they have fewer externalities.
How do customs work with the rule of capture?
they modify the rule of capture! Custom differs by: method of capture___hands, lines, poles, traps: _type of animal (whales to shellfish _country or governing authority (ie conflict in whaling _type of fisherman (commercial v sport) commercial overfish
Courts of Equity v. Courts of Law. This part of Popov v. Hayashi, because splitting he baseball was an act of equity
Historically: historically. So think England 1500s, not the United States. A. The courts of equity were run by priests and they made their judgments based on fairness. They were allowed to craft their own decisions. They weren’t narrowly constrained by the law because they were focused on fairness. B. • The courts of law were run by the courts by the king. So judgment was based on common law and later it was based on statutes. NOTE: Equity: equity can fashion their own remedies based on fairness that still holds today. THIS WOULD BE AN INJUNCTION: we saw one in Prah v. Maretti
Understand WHERE and HOW some of these overlap for example in gifts
look at how gruen overlaps gift causa mortis. they have the same elements, but one is revokable. understand that you need to look at the jurisdiction on acceptable delivery standards.
how to get to past a summaruy judgement
you just need enough evidence to show you have a case prima facie means you’ve just met the elements that get you over the burden of summary judgment.
When analizing the law and neet to look further you?
When doing analysis.
First look at the word of the statute
Look at the purposes or notes that came with the statute
The notes from congress/legislative intent.
Livery of seisin
old english ceremony to transfer land
