Chapter 23: Tangible (Personal & Real) Property
Types of Property Rights
1. Private Property: Owned by individuals or corporations.
2. Common Property: Shared by specific groups.
3. Public Property: Owned by the government for public use.
4. Open-Access Property (res nullius): Not owned, available for unrestricted use (e.g., oceans).
Categories of Tangible Property
• Personal Property: Movable items like goods, vehicles, and equipment.
• Real Property: Immovable assets like land and structures.
Ownership and Title
• Title: The legal right to control property, including usage, leasing, and transfer.
• Ownership includes a “bundle of rights” to use, sell, or restrict others’ use.
Found Property
• Mislaid Property: Intentionally placed but forgotten; the premises owner holds it.
• Lost Property: Unintentionally parted with; finder has rights unless claimed by the original owner.
• Abandoned Property: Deliberately discarded; finder can claim it.
• Treasure Trove: Antiquated and hidden long enough that the owner is presumed unknown or deceased.
Adverse Possession
• Possession over a statutory period without the owner’s challenge can grant ownership.
Bailments
• A bailment occurs when the owner (bailor) entrusts property to another (bailee) for temporary custody.
• Bailees must exercise due care.
Real Property Ownership
1. Fee Simple Absolute: Complete ownership without conditions.
2. Fee Simple Defeasible: Conditional ownership.
3. Life Estate: Ownership limited to the holder’s lifetime.
4. Leasehold Estate: Temporary rights, often in landlord-tenant relationships.
Eminent Domain
• Government can take private property for public use with just compensation, protected under the Fifth Amendment.
Chapter 24: Intellectual Property
Trade Secrets
• Information with economic value that is protected through secrecy efforts.
• Misappropriation or improper acquisition can lead to legal claims under the Uniform Trade Secrets Act (UTSA).
Trademarks
• Protect brand identifiers (e.g., logos, slogans).
• Categories: Fanciful, Arbitrary, Suggestive, Descriptive, and Generic.
• Infringement depends on consumer confusion, while dilution concerns harm to the trademark’s reputation or uniqueness.
Copyrights
• Protect original works fixed in a tangible medium (e.g., music, books).
• Protection lasts 70 years after the creator’s death or up to 120 years for corporate works.
• Fair Use Doctrine: Allows limited use for criticism, parody, or education.
Patents
• Cover inventions or designs that are novel, non-obvious, and useful.
• Utility patents last 20 years; design patents last 15 years.
Chapter 22: Criminal Law
Key Concepts
• Actus Reus: The physical act of committing a crime.
• Mens Rea: The mental intent to commit a crime.
Defenses
• Self-defense: Protecting oneself with reasonable force.
• Insanity: Lacking capacity to understand one’s actions.
• Entrapment: Being coerced by law enforcement into committing a crime.
White-Collar Crimes
• Fraud: Deceptive practices like Ponzi schemes.
• RICO Act: Addresses organized crime and white-collar offenses.
• Insider Trading: Illegally trading based on non-public information.
Search and Seizure
• The Fourth Amendment protects against unreasonable searches.
• Probable Cause: Required for warrants.
• Exclusionary Rule: Evidence obtained unlawfully cannot be used in court.
Corporate Liability
• Companies can be liable for employees’ criminal acts if done within their employment scope.