Revision Examination Tests
“Come all for this Greatness”
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PROPERTY PACK
TEST 2024-2025 ACTUAL EXAM COMPLETE 200-
QUESTIONS AND CORRECT DETAILED ANSWERS
Quiz 5 Theories of Property
Ans: 1. Protect First Possession
2. Encourage Labor
3. Maximize Societal Happiness
4. Ensure Democracy
5. Facilitate Personal Development
PROPERTY IS BLEND OF ALL 5
Quiz Protect First Possession
Ans: first come first serve
Quiz Encourage Labor
Ans: entitled to property produced through own labor, key ingredient in value of
property, incentive is productive use of land
Quiz Maximize Societal Happiness
Ans: means to an end, utilitarianism, distribute/define in a manner that best
promotes the welfare of ALL citizens
Quiz Ensure Democracy
Ans: ownership provides economic security to make political decisions that serve
the common good
Quiz Facilitate Personal Development
Ans: necessary for personal development, personhood property priority over non-
personhood
,Quiz Pierson v. Post
Ans: RULE: A person who is pursuing a wild animal does not acquire a right to that
animal by the mere fact of pursuit; Mere pursuit of wild animal with an intent to
capture does not constitute ownership. Demonstrates extent to which clear rules are
important is property law
Quiz White v. Samsung
Ans: A robotic representation of a celebrity used in an advertisement, even if
designed to be funny, amounts to use of the celebrity's likeness for the purposes of
appropriation. Demonstrates the interplay between property theories (labor,
personhood and first possession).
Quiz Bundle of Rights
Ans: Right to Transfer; Right to Exclude; Right to Use; Right to Destroy
Quiz Right to Transfer
Ans: any owner may freely transfer any of their property to anyone; cornerstone of
legal system - ensures property devoted to most valuable use
Quiz Johnson v. McIntosh
Ans: Established that Indian tribes had rights to tribal lands that preceded all other
American law; only the federal government could take land from the tribes. Property
rights only exist because the gov't gives people those rights (legal positivism).
Quiz Moore v. Regents
Ans: genetic material rights case, you do not have ownership rights in your own
genetic material. there was no ownership post removal - Dr's win demonstrates
utilitarianism (research for the greater good of society).
Quiz Right to Exclude
Ans: most important stick (couldn't define property rights without), liable for trespass
even if harm is not intended
Quiz Jacque v. Steenberg Homes
Ans: A man can keep anyone off of his property that he wishes - trespassers
Quiz State v. Shack
Ans: The ownership of real property does not include the right to refuse access to
individuals providing government services to workers who are housed on the
property. Property rights serve human values - can't deny fundamental rights
, Quiz Spite Fense Doctrine
Ans: cannot put up unusually high fence along property line for sole purpose of
annoying your neighbor. must show INTENT and NO USEFUL PURPOSE
Quiz Sundowner, Inc. v. King
Ans: No property owner has the right to erect and maintain an otherwise useless
structure for the sole purpose of injuring his neighbor
Quiz Nuisance Doctrine
Ans: use of land should not unreasonably interfere with another's enjoyment of their
property
intentional, non-trespassory, unreasonable, substantial interference with the use of
the other's land
Quiz Prah v. Maretti
Ans: When a landowner uses solar energy, and a new structure will unreasonably
interfere with his use and enjoyment of his solar-powered property, the construction
of the new structure can be enjoined under the theory of private nuisance.
Quiz Right to Destroy
Ans: owner generally has right to destroy
Quiz Eyerman v. Mercantile Trust Co.
Ans: When a landowner attempts to compel his successor in interest to do to the
land something against public policy, a court may deem the condition void.
Quiz Adverse Possession
Ans: A person takes possession & use of a property belonging to another.
Possession must be open, notorious, adverse and hostile, actual, exclusive and
uninterrupted for a certain period of time.
Quiz Open and Notorious
Ans: not hidden, land is in obvious use upon inspection
Quiz adverse and hostile
Ans: without the true owner's possession (good/bad/neutral faith jx)
Quiz actual
Ans: used in the same manner as reasonable owner would