Property Law First Year Hirsch Duquesne

Front 1

Possession

Back 1

Physical control with the intent to control.

Front 2

Intent to control alone, do you have possession?

Back 2

No. Law says you need the physical control to have possession of an item.

Front 3

Can you break up intent to control and controling in possession and still come up with the same crime?

Back 3

If you do you have different issues.
1. given something to hold for another and not taking the item yourself but then running off with that item is LARCENY.
2. taking something with intent to take in is THEFT.
3. No intent to keep it but have possession is CUSTODY.

Front 4

Bona fide purchaser

Back 4

Purchaser in good faith who had no notice and no reason to know that the seller was not entitled to sell but instead obligated to hold.

Front 5

First on time is first in right
UNLESS...

Back 5

the first purchaser does somethnig wrong

Front 6

Fraud that leads to sale
vs.
Fraud to transfer possession

Back 6

1. voidable title situation.
2. no title and transfer is not title based - a bailment not a sale.

Front 7

Void Title

Back 7

No title at all

Front 8

Voidable

Back 8

Can get the transaction set aside. Rescind the sale.
Need voluntary intent my the seller to make the "bad person" the owner - to pass the title in the first place.

Front 9

Rescind

Back 9

Undo the sale.

Front 10

Stealing (in regards to transferring title)

Back 10

No title is given.

Front 11

Land
(in regards to transer of title and how to know a title is legitimate)

Back 11

The U.S. has official public records in land transactions - to see who has current title.

Front 12

Gift
(types)

Back 12

1. Inter vivos - between living people
2. causa mortis - caused by a fear of immenant death.

Front 13

Gift
(elements)

Back 13

1. Donative intent
2. Delevery
3. Acceptance by donee

Front 14

Donative intent

Back 14

Doner must have intent to make recipient owner of the thing through gift.

Front 15

Delivery

Back 15

three types
1. manual - passed from one person to another
2. constructive
3. symbolic
2&3 basically the same - no result difference,

** delievery can be made by an agent on the behalf of the owner

Front 16

Interests that may become possessory at some future time are called...

Back 16

Future interests

Front 17

Fee simple

Back 17

the most extensive estate with a potentially infinite duraion.
"fee" indicates an estate of inheritance.
"simple" signifies that there are no restrictions on the estate with respct to the inhetitance.

Front 18

Wild Animal Rule

Back 18

Ferae naturae - no one owns wild animals in their natural habitat

Front 19

Capture Rule

Back 19

property rights in wild birds, fish, and other animals are obtained only through physical possession.
"the first person to capture or kill a wild animal acquires title to it." (not pets or farm animals)

Front 20

Burden of Proof

Back 20

The party has to prove this particular fact in disbute. Person who has the burden of proof loses if the proof was not proven 100%

typically the Π has the burden of proof. need to provide enough proof or you lose

Front 21

3 standards of Burden of Proof

Back 21

1. Civil - Preponderance of the Evidence - a smidgen more than half on one side of who is telling the truth. If majority met - the fact is extablished.
2. Civil - Proof by clear and convincing evidence - used as a standard here and there and excentric pockets of the law (usually used in somethinf morally suspect - ex) document forget etc)
3. Criminal - Proof beyond a reasonable doubt - without it the court acquits