Card Set Information
First in Time
First discoverer gets exclusive title. (Canada does not recognize)
McIntosh. Follow status quo
Locke Theory of Labor
Earn land through labor/improvement
McIntosh. Indians didn't do this
Pierson v. Post
Pursuit is not enough for title
Capture Nat. Resource & Animals
Actual Bodily Seizure
Mortal Wound--intent to appropriate
Deprive of liberty
Secured--not actual possession but close
Pierson v Post Dissent
Reas. prospect of success in your pursuit + intent to own.
Utilitarian--better to reward hard work
Owner of land has constructive possession of wild animals on land
Capture Subsoil Oil
You capture, you own.
Pro Rata Share--just take your own
Resources that travel freely over boundaries. Can capture and take possession.
INS v. AP.
Copyright products, others can imitate. Hot News exception
If ideas are not statutorily protected, others
are free to imitate those ideas