...characterized as property. ii) Policy in favor of private property (1) Things held in common are usually neglected (2) There is a fundamental property right that goes beyond monetary damages iii) Property Rights are not Absolute (1) Apply a balancing test of property and societal interest (a) One may trespass to put out a fire (2) Property rights are diminished when others are invited onto land (3) The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumcised by the statutory and constitutional rights of those who use it. (4) If property is open to the general public then the First Amendment supercedes property rights on it. (a) These protections are available against unreasonably restrictive or oppressive conduct on the part of private entities that have otherwise assumed a constitutional obligation no to abridge the individual exercise of such freedoms because of public use of their property. (b) The NJ court said that the right of free speech conferred by the state constitution was secure not only from State interference but – under certain conditions – from the interference of an owner of private property even when exercised on that private property. (i) Schmid Standard 1. The normal use of the property 2. The extent and nature of the public’s invitation to use it 3. The purpose of the expressional activity in relation to both its private and public use (5) Title to real property cannot include...
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...PROPERTY LAW Angela This situation is clear to see that Co- ownership is involved. There are two parties involved in this co- ownership; Brad and Angelina. We are looking to see the type of ownership they got into and at the end what will they be entitled to. There are two forms of co- ownership; Joint tenancy and Tenancy in common. The presumption of Joint tenancy is that the joint tenants own the entire property in question. The presumption of Tenancy in common is that the tenants own a share of the property in question. Joint tenancy will only be applicable if the test of the four unities is satisfied. Difference with tenancy in common is that you only need to satisfy the unity of possession. Unity of time means the tenants interest of the property must commence at the same time as other tenants. Possession means that the entire co – owned land is the tenants’ entitlement. Interest means interests held should be the same as the duration and time. Title means that tenants involved should be given a title from the same supplier. Again, we need to understand the sort of co-ownership we are dealing with here before advising the parties. There is a slight hope that we are dealing with joint tenancy as all four unities are present in this scenario. However, there are pros and cons of being a joint tenant, one of which is severance. One of the methods of...
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...Law of Property A huge subject of law and one that is very much debated on when it comes to ownership and rights is property law. There are different types of property that can be owned and how to go about owning it. The acquisition of property is important to understand to make sure there are no legal implications that are ignored. There are different ways that property can be owned, how it can be transferred to a different party, and controversies that surround the situation of property law. There are also different types of property that can be owned and how it can be acquired. Understanding these elements can help when trying to procure any type of property legally. There are different types of property that a person can purchase and own. There is real and personal property that an individual can own. And most of the legal concepts and rules that apply to these property types were originally derived from English Common Law, which modern law has incorporated these original rules and concepts into the law of real and personal property ("Property Law" 1). Personal property, which is also known as movable property, is anything other than that of land. It can be subject of ownership, which includes but is not limited to stocks, notes, money, patents, copyrights and intangible property. Then, there is real property, which is much different from personal property ("Property Law" 2). Real property is land and anything that is built or erected on this piece of land, grown on it...
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...Property Law Property Law Joe faces heavy legal penalties first for operating his demolition business illegally. Every business, whether the sole proprietorship, partnership or Limited Corporation must be registered with the registrar of businesses. A sole proprietorship is the simplest form of business, but also the corporate law requires it to be registered. Every state in America requires the owners of the sole proprietor to register the business under a certain name and obtain a trading license. The majority of businesses need to acquire a certain category of license depending on the nature of business established before they start operating. One is also required to acquire a federal license if the business activities involved require supervision from federal agencies. Not adhering to these rules attract heavy fines for the business and even imprisonment for flouting corporate laws governing the registration of businesses in America. Joe, therefore, overlooked all the above procedures of registering his business and went ahead to demolish private property without a business license authorizing him to engage in such transactions. The business also required a legal operating name before undertaking any transactions which are a prerequisite to obtaining any other government document (Missouri Bar Center 2008). Joe is also liable for trespassing on private property and demolishing it. Crimes against other people’s property fall under three main activities...
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...PROPERTY LAW Introduction -Historically there were two branches of Property Law: • Real property: (Land and interests in land) • Personal property: (Everything besides land and interests in land) -The reason for the two separate branches is that historically land was the most valuable type of property (and arguably still is). -This course predominately focuses on real property. *Note that personal property can become real property by being attached to real property – referred to as ‘fixtures’. (E.g. carpet fixed to a house). SEE LATER FOR FULLER DISCUSSION OF FIXTURES. -General terminology: • Licence: all rights in relation to land, which look like a property rights, but are not actually property rights. ❖ Bare licence: The licence is not coupled with any form of consideration, and therefore can be revoked at will. ❖ Contractual licence: A licence coupled with a contract, and therefore may have remedies in breach of contract (damages, etc.). -Real Property (Common law) rights: • Fee Simple – An unencumbered inherited interest in land. It is almost equal to ownership (the crown actually owns all the land, but people have the right to reside on the land. • Native title – To be distinguished from the common law system. • Life estate – This estate lasts until death, i.e. it is not inheritable. • Lease / tenancy agreement – The right of possession is given (also known as a ‘possessory estate’. (If...
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...In his book Principles of Property Law, Ziff discusses various justifications for the existence of private property. Of these, economic efficiency and prosperity is the most convincing, due to the objectively quantifiable success of mixed-market economies in providing development for their societies compared to socialist command systems with minimal private ownership of property. Other justifications such as personhood, moral development, labour and desert are questionable due to the social conflict they would engender, while freedom is unlikely to be enhanced by private property. While private property is not sufficient to cure all of society’s property-related ills, we would be in a much worse position without it. The most cogent justification given for private property is that of economic efficiency and increased prosperity through an incentive system. This can be seen in the relative economic backwardness of communist economic systems, where private property is minimal and productivity is stifled due to a lack of personal material reward for work. By allowing more private property and their transfer, property interests ought to settle with those who value them most and can utilise them most effectively. In addition, one of the main drivers of economic development is lending, and as de Soto has noted, this cannot readily occur without a mortgage over existing private property, hindering economies lacking in such. The leading evidence for the economic efficiency argument is...
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...Intellectual Property Law Embry Riddle Aeronautical University Abstract Intellectual property law is vital to protecting the rights of creative individuals and their realized ideas. Most countries around the world protect the intellectual property of authors, inventors, and artists, in some similar form whether it is copyright, trademark, or other sources of protection. The topic of discussion herein explores intellectual property law in America and the protections afforded to unique works and their creators here at home. Research was conducted using web-based resources made accessible to the public by prestigious universities such as UC Berkley and Cornell. The findings revealed a substantial legal framework of protection for authors, creators, and inventors of industrial, literary, scientific, and artistic works. Rights Protected by Intellectual Property Law Intellectual property refers to creations of the human mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Exclusive rights protect the intellectual property and owners under corresponding categories of law. This law encompasses the legalities of copyrights, trademarks, patents, industrial design rights, and trade secrets. Legal property rights are defensible in a court of law, and are further defined by article 9 on the Uniform Commercial Code (U.C.C). To expand on creations of the human mind, intellectual property is further broken down into two categories:...
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...‘legal person’. However, women and slaves had to deal with difficulties with the law considering societies back then had a different view of them being recognized by the law as having legal rights, protections, privileges, responsibilities and liabilities under the law. the term and common law idea of "legal person" is to be visible and have a legal standing which, in other means, to be able to attract legal rights and assume legal obligations. If, however, a person was not considered to be recognized by the law, the human being will then be considered as a species of property that can only be bought and sold,(Davies and Naffine at casebook, 26). In that period of time, the subjugated Africans that were brought to America or Europe did not reach a ‘legal status’, hence were not considered as legal persons. As a result of not being granted legal status, they were treated as property to be bought and sold; they did not have control or ‘protection’ of their own lives. This lack of legal status affected their lives over the years; they were “bought and sold, treated as an ordinary merchandise and traffic, whenever a profit could be made by it. This opinion was at that time fixed universal in the civilized portion of the white race.” (Brettle Dawson, 2101T S1_Introduction, Carleton University, May 8th 2012). Another case to support my answer is the Shelly v. Kraemer , they were not allowed obtaining a property based on their race. According to the philosopher John Locke, “a man cannot...
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...Intellectual property law Name: Instructor: Task: Date: INTRODUCTION The foremost objective of this law is to protect the rights of people who come up with original works. These original works run across a very broad spectrum and range from; books like novels, innovative ideas and company logos among others. This law is one of the single most important laws that regulate business environment. This is because it encourages individuals to come up with new technologies and innovations that promote growth to the economy. When an innovative person is assured that their work will be accorded protection enabling them to benefit from it, they will thus be encouraged to continually engage in the production and creation of creative innovations. These creations may subsequently result in job creation, emergence of new technologies, new procedures in the business world that can improve efficiency and finally new ideas that can aesthetically make our surrounding more appealing. There exist three main and most important ways through which intellectual property laws are enforced; these include through patents, trademarks and copyrights. Copyrights protect ideas; they give the owner of the idea fundamental right over the idea. So only the owner can benefit financially from the idea. Patents, on the other hand, deal with the protection of inventions. Trademarks deals with the protection of company logos, this enable all competitors in a given industry to have a unique way of identifying...
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...EARL v. COMMISSIONER OF INTERNAL REVENUE, Cite as 7 AFTR 8508 (30 F.2d 898), 02/25/1929 EARL v. COMMISSIONER OF INTERNAL REVENUE. Case Information: Code Sec(s): | | Court Name: | U.S. Court of Appeals, Ninth Circuit. | Docket No.: | No. 5602. | Date Decided: | 02/25/1929 | Disposition: | | Cites: | 7 AFTR 8508, 30 F2d 898. | HEADNOTE . Reference(s): OPINION Warren Olney, Jr., J. M. Mannon, Jr., Henry D. Costigan, and Robert L. Lipman, all of San Francisco, Cal., for petitioner. Mabel Walker Willebrandt, Asst. Atty. Gen., and Sewall Key and Millar E. McGilchrist, Sp. Asst. Attys. Gen. (C. M. Charest, Gen. Counsel, and Prew Savoy, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., of counsel), for respondent. Appeal from the United States Board of Tax Appeals. Petition by Guy C. Earl, for review of a decision of the Board of Tax Appeals, sustaining an order of the Commissioner of Internal Revenue, determining that there was a deficiency in income tax paid by the petitioner for the years 1912 and 1921. Reversed. Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge. Judge: BEAN, District Judge. This is a petition for review of a decision of the Board of Tax Appeals. Section 1001, Revenue Act of 1926; 26 USCA § 1224. The petitioner is, and was during the times hereinafter mentioned, a married man domiciled in the state of California. In 1920 and 1921, the years here involved, he earned for personal services...
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...and shall be governed and administered according to New Mexico law, even though subject to probate or administered elsewhere. The New Mexico laws applied shall not include any principles or laws relating to conflicts of laws. ARTICLE II Whenever used herein, words using the singular shall include the plural, and words using the masculine shall include the feminine and neuter, and vice versa, unless the context requires otherwise. ARTICLE III I am married, and my wife’s name is Maria R. Hernandez. All references hereinafter made to “wife” or “spouse” shall refer to her and no other; if she is not my legal wife at the time of my death, then she shall be deemed for the purpose of this, my last Will and Testament, to have predeceased me. I was formerly married to Angela Sanchez, who is now deceased. There were three (3) children born of my marriage to Angela Sanchez. The names of those children are as follows: Rita Calderon, Timothy Sanchez, and Brian Sanchez. ARTICLE IV If My Spouse Survives. Except as may be provided hereunder in this Article IV, if my spouse survives me, I give to my spouse all my interest in household furniture and furnishings, books, apparel, and similar personal effects; art objects, gun collections, and jewelry; sporting and recreational equipment; all other tangible property for personal use; all other like contents of my home and any vacation property that I may own or reside in on the date of my death; all animals;...
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...focuses on the rights of women regarding section 23 of the Hindu Succession Act, 1956 and its effects after it got deleted in 2005. Hindu Succession Act, 1956: Before the amendment The framers of the Indian Constitution took note of the adverse condition of women in society and a number of provisions and safeguards were included in the Constitution to ward off gender inequality. In this context, Articles 14, 15(3) and 16 of the Constitution can be mentioned. After the advent of the Constitution, the first law made at the central level pertaining to property and inheritance concerning Hindus was the Hindu Succession Act, 1956. The Act took a giant leap in 1956 by granting several rights to women equal to that of men but failed to do complete justice to women. Prior to the Hindu Succession Act, 1956 shastric and customary laws that varied from region to region governed Hindus and sometimes it varied in the same region on a caste basis resulting in diversity in the law. A woman in a joint Hindu family,...
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...Understanding Tangible Property Team E LAW531 February 07, 2012 Michelle Hamilton Understanding Tangible Property This week team discussion involves understanding the tangible property right of a business. The business rights depends in the field of industry that companies conducts its businesses in. Some tangible are similar while others pertain uniquely to its industry. Discussion amongst the team member lead to the decision to undertake the retail industry such as Wal-Mart, Target, Best Buy and other major retailer organization in the country. The paper will bring about an identification of its tangible assets and the company needs to consecutively protect and identify these properties. Cheeseman stated that “Tangible properties have physical characteristics, such as building, goods, animals, and minerals” (Business Law, 2010, p. 739). Big retail stores like Wal-Mart, Best Buy, and Target suffers from theft and shoplifting on a daily basis in its daily operations. These thefts take in numerous forms, shoplifting of clothing from a department store, eating a grape from a grocery store, or purchasing stolen property is considered tangible. Theft of tangible property from any of these mentioned retailers is infringing on property rights. Retailers and grocery chains industries implement security measures to protect their profits and consumers, however; these measures cost the retailer industries millions of dollars in operation cost each year. Statistics...
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...Cori Marie Buder, then minor children of Ms. Sartire Buder and ex-husband Alexander Buder. The mother filed an action against the father based on his alleged breach of the fiduciary duty he owed the couples minor children as the custodian of gift money they had received from a grandparent. The trial court found that the father had breached his fiduciary duty and assessed damages and attorney fees. The intermediate court affirmed and added attorney fees on appeal. The court’s held that: (1) the standard of care under the Uniform Gift to Minors Act (UGMA) and the Uniform Transfers to Minors Act (UTMA), Colo. Rev. Stat. §§ 11-50-101 - 11-50-126 (1987), is not the same as under the general trust laws, Colo. Rev. Stat. § 15-1-304 (1973), (2) a custodian is a fiduciary, (3) the statutes contain different standards and that the standards contained in the UGMA/UTMA apply exclusively to custodians, while the standard contained in Colo. Rev. Stat. 15-1-304 applies to other fiduciaries, (4) any error in assessing the standard of care was harmless because the trial court used the lower standard under UGMA, (5) UTMA authorized the trial court to order an accounting and to assess damages, (6) attorney fees very properly awarded because it was a breach of trust case. Aforementioned, the Colorado Supreme Court held that the intermediate court properly affirmed the trial court's judgment and that...
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...Week 4 Assignment 47.1 Gift For 12 years, Theodore Alexander Buder’s father made substantial gifts to his minor grandchildren. Theodore Buder and his wife divorced during this period. The cash gifts, typically in the form of checks made directly payable to the children, were given to Buder with the understanding that he would safeguard the money and invest it on behalf of the children. Buder invested various amounts of the children’s money in “blue chip” stocks traded over the New York and American stock exchanges. Buder also invested substantial sums of the children’s money in speculative penny stocks. The stocks were purchased in Buder’s name as custodian for the children, as required by the Uniform Gifts to Minors Act (UGMA). At one point, almost half of the children’s money was invested in penny stocks. All the penny stocks except one suffered substantial losses. Buder’s ex-wife, Sartore, sued him, alleging that he had breached his fiduciary duty owed to the children under the UGMA. She sought to recover the funds lost by Buder’s investment of the children’s funds in penny stocks. Who wins? Buder v. Sartore, 774 P.2d 1383, Web 1989 Colo. Lexis 227 (Supreme Court of Colorado) Who wins? Answer: In the case of Buder vs. Sartore it deals with gifts to minors and the duties of the custodian of those gifts. The mother (Ms. Sartore) filed an action against the father (Mr. Buder) based on his alleged breach of the fiduciary duty he owed the couples minor children as the...
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