Legal Studies Modules 5 and 6 Review

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.