Theories of Property

Question 1

What are the four main theories of property?

Answer 1

• Protect First Possession
• Encourage Labor
• Maximize Social Happiness
• Facilitate Personal Development

These theories outline different justifications for property rights.

Question 2

In Pierson v. Post, when does a hunter acquire property rights over a wild animal according to the majority view?

Answer 2

When capture, mortally wounded, or in control

This case established a legal precedent regarding property rights in wildlife.

Question 3

What does the dissenting opinion in Pierson v. Post state regarding property rights?

Answer 3

When the pursuer is within reach or has reasonable prospect of possession

The dissent emphasizes the importance of proximity and potential possession in property rights.

Question 4

What legal principle is established in White v. Samsung Electronics?

Answer 4

CCC Section 3344 – Anyone knowingly using another’s name, voice

This case highlights the protection of personal identity and likeness in property law.

Question 5

Fill in the blank: The theory that supports property rights based on initial acquisition is called _______.

Answer 5

[Protect First Possession]

Question 6

True or False: The theory of labor justifies property rights by emphasizing the effort put into acquiring or creating something.

Answer 6

True

This theory argues that labor invested in an object gives the laborer rights over it.

Question 7

What is the purpose of the theory of maximizing social happiness in property law?

Answer 7

To align property rights with overall societal benefit

This theory seeks to create a framework where property rights enhance collective welfare.

Question 8

How does the theory of facilitating personal development relate to property rights?

Answer 8

It promotes individual growth and self-expression through ownership

This theory suggests that property rights enable people to pursue their personal goals.