TYPES OF LAW:
Criminal * State or federal government prosecutes * Punishment including capital punishment, fine, penalty, imprisonment * Burden of proof- innocent beyond a reasonable doubt * Purpose- punishment, deterrence, rehabilitation, preservation of state | Civil * Plaintiff sues defendant * Monetary compensation, remedies * Burden of proof- preponderance of evidence * Purpose - compensation and deterrence * Mandatory injunctions and prohibitory injunctions |
Definition: Different things people could own and the ways in which they can own them, subject matter: not limited to tangible, can include intellectual property and financial instruments.
Reasoning: 1. Encourage productive activity 2. Political liberty 3. Human flourishing
Property: Relationships among people with respect to valuable resources, vary depending on context (a bundle of potential rights define what interests an owner can have)
Interests in property: 1. Liberty to use (no need for permission) 2. Right to exclude (no one else has the right to use unless permitted by owner) 3. Power to transfer (can sell or give away or put in will) 4. Immunity from damage (no legal power to damage property)
Trespass: Any entry upon land without owner’s permission or legal privilege to enter
Nuisance: Invasion of property via noise, odor, smoke, vibration, dust
Conversion: The wrongful exercise of dominion over the personal property of another. If a person entitled to possession of personal property demands its return, its unjustified refusal to give the property back is conversion.
Pre-possessory interest- Where an actor undertakes significant but incomplete steps to achieve possession of a piece of abandoned property and the failure to continue the effort is interrupted by the unlawful acts of others, the actor has pre-possessory interest in the property. This constitutes a qualified right to possession, which can support a cause of action of conversion
Two simultaneous aspects: intent and physical possession
Cases to refer to: Popov vs. Hayashi, Swift vs. Gifford, Keron vs. Cashran
Popov vs. Hayashi, Hayashi’s claim is compromised by Popov’s pre-possessory interest, Popov can’t demonstrate full physical control over the ball, however, this is because of the angry mob so giving the money to Hayashi would endorse this illegal activity. Giving the money to Popov would be unfair to Hayashi because Popov lacked the physical control over the ball. The decision, equitable division, very rare.
Swift vs. Gifford, Hercules is Swift, and rainbow is Gifford, hunted animal possession begins when the animal is first wounded. Based on the fishery tradition context there, there’s an acknowledgment that if another fisherman catches the whale, they should step aside to allow for economic efficiency, not wasting time. Follow customs of local area.
Keron vs. Cashran- This case set precedent for Popov in allowing equitable division as all of the members had possession over the ball. There needs to be an intention in addition to the physical control in order to achieve possession and what do you perceive the item as, in this case, they all perceived at first as a plaything, but then that changed when it was inside, everyone discovered it was money.
Lease: Contract over a real property interest.
Nuisance: Use of one’s property in a manner that interferes with the enjoyment or use of another individual’s property.
Prescriptive easement: Non-owner over time (pre-determined in the law) can develop ownership or lesser intent. Creates limited property rights for a third party to do something on land that doesn’t belong to him. The pre-determined period of time does not start if you are not in the position to know or should know. Easement can only start with knowledge of the non-owner. Easement runs with the land and is part of