STUDENTS SUCCESS
Revision Examination Tests
“Come all for this greatness”
...100% Correct Ans...
PVL3701 LAW OF PROPERTY LATEST EXAM PACK NOVEMBER 2024-
2025 WITH 100% CORRECT ANSWERS
Property Law
ans:>Governs Relationships among people that involve control over
valuable resources
Importance of Property Law
ans:>In governing allocation of wealth
- is tied to political power
-fairness and protection of property leads to growth and development
- link between private property and freedom
in rem rights
ans:>rights that avail against the rest of the world
Constitutional Protection
ans:>- Due Process
- Takings Clause (protection against state)
Recognition of Property Rights
ans:>Must come from state. Automatically get it if state recognizes it,
but only state can formalize it.
3 dimensions of Property analysis
ans:>1) Scope of owners rights and powers
2) Number of Owners
3) Definition of Assets
Bundle of Sticks Concept
ans:>No right is indispensible; no right is essential
,1) Right to exclude
2) Right to use
3) Right to transfer
Pierson v. Post
ans:>Fox hunt: Post was chasing with his dogs, Pierson appeared and
killed the fox.
Issue: Which acts amount to occupancy or possession of animals ferae
naturae
Holding: Animals ferae naturae are part of commons until act of
occupancy-- Doesn't have to be actual killing but pursuit alone is
insufficient
First Possession
ans:>Method of Acquisition - results-oriented theory that gives rights to
person who is first
Labor/Effort-Based Possession
ans:>1) Everyone owns body
2) Everyone owns labor produced by his or her body
3) Mixing labor with unowned exernal resources, establish private
property rights to them
Rules v. Standards
ans:>Primary modes through which law directs behavior
precise formulation v. generalized description of proscribed conduct
recurrent behavior v. isolated behavior
Ghen v. Rich
ans:>Whale killed with identifying lance, when washed ashore another
person found it and sold it.
Issue: Does industry practice give someone entitlement to whale?
Holding: given wide adherence of whaling industry to this practice, entitle
to market value of oil obtained from whale
Keeble v. Hickeringill
,ans:>Decoy pond to capture ducks, but D intentionally shot off guns to
scare ducks away from the pond
Issue: does landlord have a right to attract wild fowl to his pond impeded
Holding: yes, pond trap as trade and d was liable for maliciously
interfering with with trade
Hammonds v. Central Kentucky Natural Gas Company
ans:>Severely criticized decision showing limits of analogy (in this case
analogized to wild animals).
Holding: No trespass and subject to rule of capture taking gas that has
escaped from wells.
Led to overdrilling & waste & raised operation costs by taking away from
appropriators, cheapest way of storing gas
Stratton v. Mt. Hermon Boys' School (Mass 1913)
ans:>Upstream owner of boys school diverted water to estate. Sued for
diverting water
Holding: Reasonable Use. Riparian owners entitled to reasonable use of
water as long as does not interfere with other riparian owners right to do
same. Diversion in itself not enough, must show harm
Coffin v. Left Hand Ditch Co. (Col. 1882)
ans:>Plaintiff transported water from stream watershed to irrigate
property.
Issue: Does first appropriation of water for beneficial purpose give
appropriator a right to it?
Outcome: Irrigation and agriculture important to life in Colorado. Protect
effort of private investment made in reliance on legitimacy of the prior
use.
Moore v. Regents of University of California (1990)
ans:>Doctors removed mans spleen and patented cultured cell from it,
never informed him. Conversion case.
Issue: Does person retain ownership right in body parts after their
excision?
, Point: No conversion cause of action. No continuous property ownership
right in excised cells. Majority shows traditional/ rigid view of property.
Other opinions show morality concern and flexible road modern property
approach
Tragedy of Commons
ans:>Problem arises because of coordination problem and collective
action problem. Without a veto right leads to overuse of resource
Solutions to Tragedy of Commons
ans:>1) governance rules that control how resource used
2) Internalization via a single owner (towards property rights)
Tragedy of anticommons
ans:>Michael Heller viewpoint: with too many property rights comes
inefficient use of resources
Water Sources
ans:>1) Groundwater (appropriation issues)
2) Streams and Lakes (appropriation issues)
3) Diffuse Surface Water (disposal issues)
Ground water property rights
ans:>1) Minority - Absolute Rights
2) Reasonable use
3) Correlative Rights
Streams and Lakes property rights
ans:>1) Reasonable use
2) First appropriation for beneficial use
Personal Property
ans:>All types of assets other than land (stocks,bonds, bank accounts
included). Usually refers to tangible movalbe objects
Real Property
ans:>Land and the improvements on it.
Diffuse Surface Water Property rights
ans:>1) Natural flow doctrine - owner can discharge or dispose of
unwanted surface water only by using natural water paths - but can't
Revision Examination Tests
“Come all for this greatness”
...100% Correct Ans...
PVL3701 LAW OF PROPERTY LATEST EXAM PACK NOVEMBER 2024-
2025 WITH 100% CORRECT ANSWERS
Property Law
ans:>Governs Relationships among people that involve control over
valuable resources
Importance of Property Law
ans:>In governing allocation of wealth
- is tied to political power
-fairness and protection of property leads to growth and development
- link between private property and freedom
in rem rights
ans:>rights that avail against the rest of the world
Constitutional Protection
ans:>- Due Process
- Takings Clause (protection against state)
Recognition of Property Rights
ans:>Must come from state. Automatically get it if state recognizes it,
but only state can formalize it.
3 dimensions of Property analysis
ans:>1) Scope of owners rights and powers
2) Number of Owners
3) Definition of Assets
Bundle of Sticks Concept
ans:>No right is indispensible; no right is essential
,1) Right to exclude
2) Right to use
3) Right to transfer
Pierson v. Post
ans:>Fox hunt: Post was chasing with his dogs, Pierson appeared and
killed the fox.
Issue: Which acts amount to occupancy or possession of animals ferae
naturae
Holding: Animals ferae naturae are part of commons until act of
occupancy-- Doesn't have to be actual killing but pursuit alone is
insufficient
First Possession
ans:>Method of Acquisition - results-oriented theory that gives rights to
person who is first
Labor/Effort-Based Possession
ans:>1) Everyone owns body
2) Everyone owns labor produced by his or her body
3) Mixing labor with unowned exernal resources, establish private
property rights to them
Rules v. Standards
ans:>Primary modes through which law directs behavior
precise formulation v. generalized description of proscribed conduct
recurrent behavior v. isolated behavior
Ghen v. Rich
ans:>Whale killed with identifying lance, when washed ashore another
person found it and sold it.
Issue: Does industry practice give someone entitlement to whale?
Holding: given wide adherence of whaling industry to this practice, entitle
to market value of oil obtained from whale
Keeble v. Hickeringill
,ans:>Decoy pond to capture ducks, but D intentionally shot off guns to
scare ducks away from the pond
Issue: does landlord have a right to attract wild fowl to his pond impeded
Holding: yes, pond trap as trade and d was liable for maliciously
interfering with with trade
Hammonds v. Central Kentucky Natural Gas Company
ans:>Severely criticized decision showing limits of analogy (in this case
analogized to wild animals).
Holding: No trespass and subject to rule of capture taking gas that has
escaped from wells.
Led to overdrilling & waste & raised operation costs by taking away from
appropriators, cheapest way of storing gas
Stratton v. Mt. Hermon Boys' School (Mass 1913)
ans:>Upstream owner of boys school diverted water to estate. Sued for
diverting water
Holding: Reasonable Use. Riparian owners entitled to reasonable use of
water as long as does not interfere with other riparian owners right to do
same. Diversion in itself not enough, must show harm
Coffin v. Left Hand Ditch Co. (Col. 1882)
ans:>Plaintiff transported water from stream watershed to irrigate
property.
Issue: Does first appropriation of water for beneficial purpose give
appropriator a right to it?
Outcome: Irrigation and agriculture important to life in Colorado. Protect
effort of private investment made in reliance on legitimacy of the prior
use.
Moore v. Regents of University of California (1990)
ans:>Doctors removed mans spleen and patented cultured cell from it,
never informed him. Conversion case.
Issue: Does person retain ownership right in body parts after their
excision?
, Point: No conversion cause of action. No continuous property ownership
right in excised cells. Majority shows traditional/ rigid view of property.
Other opinions show morality concern and flexible road modern property
approach
Tragedy of Commons
ans:>Problem arises because of coordination problem and collective
action problem. Without a veto right leads to overuse of resource
Solutions to Tragedy of Commons
ans:>1) governance rules that control how resource used
2) Internalization via a single owner (towards property rights)
Tragedy of anticommons
ans:>Michael Heller viewpoint: with too many property rights comes
inefficient use of resources
Water Sources
ans:>1) Groundwater (appropriation issues)
2) Streams and Lakes (appropriation issues)
3) Diffuse Surface Water (disposal issues)
Ground water property rights
ans:>1) Minority - Absolute Rights
2) Reasonable use
3) Correlative Rights
Streams and Lakes property rights
ans:>1) Reasonable use
2) First appropriation for beneficial use
Personal Property
ans:>All types of assets other than land (stocks,bonds, bank accounts
included). Usually refers to tangible movalbe objects
Real Property
ans:>Land and the improvements on it.
Diffuse Surface Water Property rights
ans:>1) Natural flow doctrine - owner can discharge or dispose of
unwanted surface water only by using natural water paths - but can't
