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19 Cards in this Set

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1. WHAT IS PROPERTY ABOUT ?
Human drive for human power
Conflict and peace-making
property law and property are human inventions with consequences for human approach
property law tend to effect the welfare of human beings
„X humanistic study, human-being oriented, what adds to the law study.
What kind of elevated vocabulary your editors use, focus on the editor’s first preface of the book
RESOURCE ALLOCATION, PROMOTION OF STABILITY & CHANGE, DUALITY OF OLD AND NEW LAWS
WHAT ARE THE FOUR INTELLECTUAL APPROACHES TO STUDYING PROPERTY?
DOCTRINAL APPROACH
CONSEQUENTIAL APPROACH
PROCESS APPROACH
ANALYSIS
DCPA
WHAT IS THE DOCTRINAL APPROACH?
IT IS THE CULTIVATION OF A CERTAIN SENSITIVITITY THAT LAW IS VALUE FRAMING, A SET OF COMPLEX RULE UNIVERSE THAT WILL DEAL WITH SIT UPON VALUES OR PRINCIPLES.
FOUNDATION VALUES AND GOALS ARE NOT ALWAYS ANNOUNCED
WHAT IS THE CONSEQUENTIALIST APPROACH TO STUDYING PROPERTY?
A LOOK AT THE CONSEQUENCES OF RULES AND THEIR EFFECTS
WHAT IS THE PROCESS APPROACH?
THIS TAKE A LOOK AT HOW THEY -- LAW-TRAINED DESISION MAKERS-- MAKE DECISIONS AND THE STRATEGY THAT THEY USE TO ACCOMPLISH THESE DECISIONS.
WHAT DO WE MEAN BY ANALYSIS?
To analyze legal artifacts is not only the breaking apart of a complex whole but to engage in illuminating and selective breaking apart of a complex whole and legal artifacts
WHAT ARE THE TOOLS FOR ANALYSIS?
CASE OPINIONS WRITTEN BY JUDGES ARE GREAT TOOLS FOR ANALYSIS
WHAT IS THIS COURSE ABOUT?
THIS COURSE IS ABOUT THE ACQUISITION USE AND DEPOSITION OF PROPERTY WITH A CHRONOLOGICAL EMPHASIS
WHAT ARE THE 7 RULES THAT CAN BE EXTRACTED FROM THE PIERSON CASE?
1. A Person who has property in a wild animal may sue to collect damages from an interfereing party.
2. Property in wild animals can be acquired by possession or occupancy
3. Possession may be had by bodily seizure
4. Possession is not acquired by mere pursuit
5. Possession may be acquired by a mortal wounding and continuing hot pursuit.
6. Possession may be acquired by setting a trap that renders escape impossible.
7. Possession may occur w/o bodily seizure
WHAT ARE THE 7 RULES OF PROPERTY?
PROPERTY LAW ALLOWS SOMEONE TO SECURE A JUDICIAL ORDER OF DAMAGES
POSSESSION IS AN INTERMEDIATE LEGAL CONCLUSION THAT LEAD TO ULTIMATE LEGAL CONCLUSION OF PROPERTY
POSSESSION IS ACQUIRED BY BODILY SEIZURE
MERE PURSUIT DOES NOT PRODUCE THE LEGAL CONCLUSION OF POSSESSION
POSSESSION MAY BE ACQUIRED THROUGH A MORTAL WOUNDING AND CONTINUING PURSUIT
POSSESSION CAN BE ACQUIRED BY SETTING A TRAP THAT MAKES ESCAPE IMPOSSIBLE
INFERRED RULE: POSSESSION MAY OCCUR W/O BODILY SEIZURE
WHAT 4 CONCLUSIONS OF LAW CAN BE GOT FROM THE RULES OF PROPERTY?
1. MERE PURSUIT
2. BODILY SEIZURE
3. POSSESSION
4. PROPERTY
WHAT ARE THE 3 CHARACTERISTICS OF JUDICIAL DECISION MAKING?
COLLECTIVE -- the CL involves decision making since the judge is assisted in his decision making by opposing counsels and bound by previous judiciary decisions
DECISIVE -- a process of choosing
CLASSIFYING -- CL judges will classify actions into different categories and these classification directly influence the damage that the ct will award
What is the DOCTRINE OF WILD ANIMALS?
IN GENERAL, property in a wild animal, running on a common, can be established through bodily seizure or its near equivalent;
EXCEPT where that wild animal is a whale, all a hunter need to do to establish property is to do all that is possible
BUT, even when property may not be established, a hunter for profit may use the tortious theory of malicious interference.
WHAT IS CONSTRUCTIVE POSSESSION?
THIS IS ALSO KNOWN AS THE DOCTRINE OF RATIONI SOLI-- Possesion of wild anmals on the owner's land lies with him until the animals take off.
a legal fiction
WHAT DOES THE RULE OF CAPTURE APPLY TO?
THE RULE OF CAPTURE ONLY APPLIES TO THE FIGHT FOR WILD ANIMALS ON A COMMONS -- land that is open and common to all.
WHAT IS THE RULE OF ESCAPE?
IF THE WILD ANIMALS ESCAPE AND THEY ARE UNDOMESTICATED THEN THE LANDOWNER HAS LOST PROPERTY RIGHTS
WHAT IS A SYLLOGISTIC OR DEDUCTIVE APPROACH?
Begin with a major premise or conclusion of law
Next use a minor premise or a conclusion of fact
Finally, draw a conclusion that uses logic to put the major premise and the minor premise together
WHAT IS THE RULE OF PRACTICALITY?
EXCEPT WHEN THE WHALE IS A CERTAIN KIND OF WHALE ALL THAT THE HUNTER NEEDS TO ESTABLISH PROPERTY IS ALL THAT IS PRACTICAL AND POSSIBLE TO DO