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3 Cards in this Set
- Front
- Back
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To Prove Ownership of wild animals (2 things)
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1. Possesion:Deprive the animal of its natural liberty, and bring it within claimants certain control.
2. Intention- To appropriate the animal to individual use |
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Public Policy for intention requirement
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Law doesn’t want to impose rights on anyone who doesn’t consent, it creates legal obligations
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Ratione Soli:
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Another way to prove possession, when you don’t own wild animal but its on your land. 1.
1. Trespass - Unauthorized entry upon the land of another. - If there are local customs to fish or hunt on private lands, it may be determined there is no trespass. and 2. Intention and possession on the part of the trespasser - Public Policy: to discourage trespass. It is unfair to allow obtaining property rights while violating others property rights. |
