Personal Property

Question 1

Copyright

Answer 1

Original to the author

Question 2

Are facts copyrightable?

Answer 2

No, one has simply found the fact and not created it

Question 3

Can copyright extend to all components of work?

Answer 3

No, only to those components of a work that are original

Question 4

Right to claim title

Answer 4

Ghen v. Rich (whale)

Custom to an industry gives the right to claim title

Question 5

Right to Property in News

Answer 5

The value of news is the option to spread it while it is fresh therefore not able to be maintained by keeping it a secret

Question 6

Rule of Capture

Answer 6

Following/chasing/hunting/pursuing alone is not enough to confer property or a right unless the animal is taken

Question 7

Pierson v. Post

Answer 7

Mere pursuit of the Fox wasn’t enough to have a legal right to it

Question 8

Lockean Theory

Answer 8

Invest more time gains first occupancy

Question 9

Right to Control

Answer 9

Right to possession only

if interrupted by an unlawful act

Question 10

Patentability

Answer 10

1. Invention in process, machine, manufacture
2. Novelty (not created in identical form of public prior art)
3. Utility (benefit to humans)
4. Non-obviousness (advance over prior art)
5. Enablement

Question 11

Exhaustion Doctrine

Answer 11

Once sold, it is no longer within the limits of the monopoly and one has exhausted their rights to use, sell, or import

Example: toner cartridges being reused

Question 12

Right to Transfer

Answer 12

Deed, will, gift

Question 13

Discovery Doctrine

Answer 13

European power to have rights to extinguish the “right of occupancy” of the Indians’ occupation of the land, thus the land being owned by the government and no longer the Indians

Question 14

Trademark

Answer 14

A distinctive design, picture, emblem, logo, or wording affixed to goods for sale to identify the manufacturer as the source of the product and to distinguish them from goods sold or made by others

Question 15

Is a generic term registrable under trademark?

Answer 15

No

Question 16

Right to Exclude

Answer 16

State v. shack

Question 17

Right to Abandon

Answer 17

Owner must intend to relinquish all interest in the property, with no intention that it be acquired by any particular person

Voluntary act by the owner effectuation that intent

Question 18

Rebuttable

Answer 18

Court is willing to accept something as fact

Question 19

Irrebuttable

Answer 19

Evidence can not be introduced or countered because once a basic face has been proved, the presumed fact is accepted as true

Question 20

Hawkins v. Mahoney

Answer 20

Plaintiff escaped from prison and defendants packed up his personal belongings

Question 21

Right to Destroy

Answer 21

Whatever the intent of the owner is

Example: In re Estate of Kievenagel where husband had the right to have his spend destroyed

Question 22

Law of Finders

Answer 22

Finder defeats all except the items rightful owner

Question 23

If found but doesn’t belong to you, does the prior possessor defeat the subsequent possessor?

Answer 23

Yes, you defeat any who sees you’ve found it

Question 24

Misplaced

Answer 24

Unintentionally a mistake

Question 25

Mislaid

Answer 25

State of mind, intention

Question 26

Law of Lost Property

Answer 26

No one is entitled besides the one who lost it

Question 27

Adverse Possession

Answer 27

1. Actual and exclusive 2. Open and notorious 3. Continuous 4. Hostile

Question 28

In adverse possession, what makes something actual and exclusive?

Answer 28

Not sharing with anyone, interest is for oneself

Question 29

In adverse possession, what makes something open and notorious?

Answer 29

Would an ordinary person notice

Question 30

In adverse possession, what makes something continuous?

Answer 30

The character and use of property during statute of limitations

Question 31

In continuous for adverse possession, does re-entry of the owner for one day interrupt the continuity?

Answer 31

No

Question 32

In adverse possession, what makes something hostile?

Answer 32

Act as the true owner, claim against private interest, taxes paid

Question 33

Public Trust Doctrine

Answer 33

The public has rights in certain resources because the resources are in public ownership, in order to exercise these rights, the public needs reasonable access.

Question 34

In the public trust doctrine, what certain resources do the public have rights to?

Answer 34

1. Tidelands 2. Beaches 3. Navigable inland lakes and rivers

Question 35

Matthews v. Bay head

Answer 35

Public trust doctrine, right to use beach open to all residents

Question 36

Fair Use

Answer 36

1. Purpose 2. Nature 3. Amount 4. The effect Authors Guild v. Google

Question 37

Law of Bailments

Answer 37

Entrusting of goods to another for a limited purpose, that does not include transfer of ownership (dry-cleaning)

Question 38

Bailor

Answer 38

The person entrusting the goods

Question 39

Bailee

Answer 39

The person to whom the good is entrusted in