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  1. title of occupancy
    The right of Indians to remain on and use their land, while at the same time becoming subject to the overarching rule of the United States.
  2. close of land
    An enclosed tract or portion of land with an outer boundary.
  3. occupancy
    • Possession of, or action rendering no doubt that the owner will take possession of, a piece of property.
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  4. posession
    • The occupancy or control of property.
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  5. necessity defense
    Necessity caused by an “act of God” or other disaster resulting in an inability to control movements justifies entries upon land and interferences with personal property that would otherwise have been trespasses.
  6. trespass
    • A wrongful act perpetrated against a person or a person’s property, most commonly an intrusion upon another’s real property.
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  7. due care
    • The care that a reasonable person would exercise under similar circumstances. It is a standard for determining legal duty.
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  8. private necessity
    • A party who has no choice but to damage the property of another to protect her own interests in an emergency is privileged and will not be at fault for trespassing or conversion; the party must nevertheless compensate the property's owner for any resulting damages.
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  9. criminal trespass
    • When a person, knowing he or she is not entitled to do so, enters any place where notice of trespass is given by direct communication, signage, or fencing.
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  10. privileged trespass
    • A legal form of trespass where entry onto the land is (1) done with the consent of the owner, (2) necessary to prevent a greater harm to the trespasser or his property, or (3) supported by public policy.
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  11. quasi property
    • Material from which a party tries to make a profit.
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  12. Unfair competition
    • An action for unfair competition lies in the intentional doing of some act to the detriment of another’s business without just cause or excuse.
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  13. "hot news" misappropriation claims
    • These tort claims are based on International News Service v. Associated Press (1918) (INS). “Hot news” claims under the INS case are not federally-preempted under the Copyright Act of 1976 and may exist when a plaintiff generates or gathers information at a cost, the information is time-sensitive, a defendant’s use of the information constitutes free-riding on the plaintiff’s efforts, the defendant is in direct competition with a product or service offered by the plaintiff, and the ability of other parties to free-ride on the efforts of the plaintiff or others would so reduce the incentive to produce the product or service that its existence or quality would be substantially threatened.
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  14. ferae naturae
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    • Wild animals.
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  15. mark of appropriation
    • Visible clear symbol intended to convey message that property is owned by the marker.
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  16. enjoin
    • A court order requiring someone either do, or not do, a specific act or cease a course of conduct.
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  17. chattel
    • A tangible, movable item.
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  18. Idea/expression dichotomy
    • Copyright does not protect an idea, only the expression of an idea.
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  19. improper appropriation
    • Occurs where a work corresponds in plot or characters to a copyrighted work so substantially that it constitutes copyright infringement.
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  20. patent
    • A government-granted, limited time monopoly for inventors of processes, machines, and compositions over their inventions.
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  21. 35 U.S.C. § 101
    • Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.
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  22. right to publicity
    • An individual’s right, although not absolute, to exclusively make economic use of his or her name and likeness.
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  23. Contributory infringement
    • Where a party intentionally facilitates and encourages direct infringement by a third party.
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  24. conversion
    • A cause of action in tort, in which the defendant intentionally asserts dominion over the plaintiff’s property, to the exclusion of the plaintiff’s rights.
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  25. informed consent
    • A person’s consent to an act—such as a medical procedure—after receiving sufficient information to understand the risks involved and available alternatives.
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  26. trover
    • A legal action to recover a chattel unlawfully appropriated by another, or its value at the time of its appropriation.
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  27. lost property
    • Property that is unintentionally misplaced by its original owner; lost property becomes the finder’s property once any statutory procedures for reclamation by the original owner are satisfied.
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  28. detinue
    • A legal action seeking to recover the possession or value of property wrongfully held or retained by another.
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  29. duty
    • A legally-imposed obligation.
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  30. copyright
    • A set of rights granted to owners of original works of authorship that are fixed in a tangible medium of expression.
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  31. fair use defense
    • Use of a copyrighted work for purposes such as criticism or comment is not a copyright infringement of that work.
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  32. trademark
    • A symbolic representation of a company or product.
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  33. secondary meaning
    • A meaning attributed to a particular feature of a product whereby the feature is no longer primarily associated with the product itself, but rather the source of the product.
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  34. functionality doctrine of trademark law
    • A product feature is functional in nature and cannot serve as a trademark if it is essential to the use or purpose of the product.
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  35. trover
    • A legal action to recover a chattel unlawfully appropriated by another, or its value at the time of its appropriation.
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  36. privity
    • A relationship, with various legal consequences depending on the circumstances, between different parties having a legally recognized interest in the same subject matter.
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  37. tacking
    • The practice of adding together successive time periods of adverse possessors in order to reach the statutory minimum.
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  38. quiet title
    • An action to settle competing claims of ownership over the same property.
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  39. disseisin
    • A period of abandonment of an ownership interest in real property.
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  40. prescriptive right
    • A property interest in another person’s real property for specific purposes such as through travel.
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  41. adverse posession
    • Provides that a trespasser takes title to a property when a trespasser possesses another’s property in a way that is continuous, exclusive, adverse, and open and notorious by clear and convincing evidence for a statutorily defined period of time (usually 10 years).
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  42. replevin
    • A suit to recover personal property wrongfully obtained by another.
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  43. discovery rule
    • A rule specifying that a limitations period will not begin to run until the injured party discovers, or reasonably should have discovered, the injury forming the basis of the claim.
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  44. life estate
    • An interest in real property that is held only for the life of the holder, in which the holder possesses no future interest beyond her lifetime. Although a life estate is transferrable, the interest remains limited to the lifetime of the original holder of the life estate, and the future interest passes to the remainderman at the life estate holder’s death.
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  45. restrictive covenant
    • An agreement between two parties restricting a particular use of land.
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  46. state action
    • Action by the government or quasi-government action to enforce a law or regulation.
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  47. privity
    • A relationship, with various legal consequences depending on the circumstances, between different parties having a legally recognized interest in the same subject matter.
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  48. Assignment
    • Transfer to another person of one’s right to receive benefits that are anticipated to accrue under a contract or other agreement.
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  49. sublet
    • Where one party grants to another his leasehold interest in a property for a time less than the full remainder of the term.
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  50. balance of equities
    • Where competing interest are weighed against each other in an effort to determine the most appropriate outcome of a dispute.
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  51. gift inter vivos
    • Gift inter vivos A gift during the donor’s lifetime without the shadow of impending death.
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  52. intestate
    • One who dies without a valid will.
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  53. gift causa mortis
    • A gift that is made by a donor in anticipation of his death.
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  54. public nuisance
    • An interference with a right common to the general public.
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  55. private nuisance
    • An interference with an individual’s right to reasonable private use and enjoyment of his personal property.
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  56. negligence
    • Conduct that falls below the expected standard of care that a reasonably prudent person would have exercised under like circumstances.
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  57. nuisance abatement
    • A legal concept describing actions taken to suppress or lessen something that is not allowed under the law.
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  58. nuisance per se(or nuisance at law)
    quite simply is an activity or structure that is always a nuisance, under any circumstances or conditions.
  59. nuisance per accident(or nuisance in fact)
    is an activity or structure that is only a nuisance due to the place it is located or the manner it is done.
  60. nuisance
    • Some thing or condition that interferes with another person’s use or enjoyment of property.
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  61. permanent injunction
    • A final order of a court requiring a person or entity to refrain from certain activities permanently or take certain actions (usually to correct a nuisance) until completed. A permanent injunction is distinguished from a “preliminary” injunction which the court issues pending the outcome of a lawsuit or petition asking for the “permanent” injunction.
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  62. permanent damages
    • Damages that account for both past harms and an approximation of total future harm.
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  63. public trust doctrine
    • The principle that the general public has a right to use the land on the shore covered by the ebb and flow of the tide for purposes of navigation, fishing, and recreational activities.
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  64. easement by estoppel
    • An irrevocable right to a specific use of the property of another that is established by permission from the owner to use and improve the property that induces the licensee to use and make such improvements at his own expense.
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  65. reservation
    • Occurs when a grantor grants his interest in real property to a grantee, but reserves a new interest in said property for the benefit of a third-party.
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  66. easement by implication
    • An easement created when there is separation of title, the use giving rise to the easement is apparent as to show it was intended to be permanent, and the easement is necessary to enjoy the land on which the dominant tenement sits.
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  67. quasi easement
    • Where an owner makes use of one portion of his land for the benefit of another part of his land. The benefitted land is referred to as the dominant tenement and the burdened land is referred to as the servient tenement.
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  68. easement
    • The right to use the property of another for a specific purpose without taking exclusive possession of it.
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  69. easement by prescription
    • Easement created by the open and adverse use of another’s land for purposes of ingress and egress to a second property.
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  70. easement of necessity
    • Easement created at the time of conveyance whereby grantor must reserve a portion of the conveyed land for his use in getting to and from his retained property.
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  71. public trust doctrine
    • The principle that the general public has a right to use the land on the shore covered by the ebb and flow of the tide for purposes of navigation, fishing, and recreational activities.
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  72. easement in gross
    • An easement that belongs to the easement holder independently of a parcel of land and thus does not run with and is not attached to the land.
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  73. Non dominant tenant
    • Land accessed by an easement other than the dominant tenement contemplated by the formation of the easement.
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  74. taking
    • Under constitutional law, the government’s actual or effective appropriation of a person’s private property, including by substantially interfering with such person’s use and possession of the property.
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  75. inquiry notice
    • Notice that is imputed to a person at the time that existing information would prompt an ordinarily prudent person to investigate the issue further.
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  76. reciprocal negative easement
    • Restriction on retained land created when the owner of related lots conveys portions of his land with restrictions intended to benefit the retained land.
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  77. restrictive covenant
    • An agreement between two parties restricting a particular use of land.
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  78. covenant
    • An agreement between two parties restricting a particular use of land.
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  79. privity of estate
    • Successive or concurrent interest in the same property, such as between a landlord and tenant or grantor and grantee.
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  80. real covenant
    • An agreement between two parties concerning the use of land.
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  81. equitable servitude
    • An equitable interest in property that restricts the use of land.
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  82. abandonment or waiver
    • With respect to restrictive covenants, abandonment or waiver occurs when the covenants are not enforced to the extent that the intent of the covenants are thwarted.
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  83. balance of equities
    • Where competing interest are weighed against each other in an effort to determine the most appropriate outcome of a dispute.
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  84. perfect title
    • Title free of clouds on ownership such as liens or other defects of title.
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  85. amortization
    • Zoning ordinance provision giving a landowner engaging in nonconforming use the opportunity, within a reasonable amount of time, to relocate or conform to the new use restrictions.
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  86. variance
    • An exception to the zoning code made by a local agency for a particular property.
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  87. underinclusive
    • Where a rule or law permits so many exceptions that it inappropriately fails to encompass elements that should be included.
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  88. liberty interest
    • Individual freedoms not necessarily enumerated in the Constitution.
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  89. due process clause of the 14th amendment
    • The provision set forth at Amendment XIV, Section 1 of the United States Constitution prohibiting states from depriving citizens of life, liberty, or property by means that are arbitrary or fundamentally unfair.
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  90. fair housing act
    • of 1968 Prohibits discrimination in the sale, rental, and financing of housing based on race, religion, and national origin. Later amendments expanded the act to cover gender, disabled persons, civil rights workers, and families with children.
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  91. due process
    • A constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious and that individuals will be given notice of legal proceedings conducted fairly with an opportunity for an individual to be heard before the government may impose sanctions on one’s life, liberty, or property.
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  92. realtor
    • Individual whose specific circumstances permit the government to bring an action in his name.
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  93. police power
    • The general power of states to regulate private conduct.
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  94. Land use certification
    • An approval given by a municipality’s zoning board or comparable committee, approving a property owner’s development plans for a plot of real property.
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  95. exclusionary zoning
    • A practice employed by towns to utilize land use regulations to effectively prevent certain groups from living or operating in the town.
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  96. restraint against alienation
    • A restriction on the free transfer of property that is generally disapproved of by the courts.
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  97. covenant
    • An agreement between two parties restricting a particular use of land.
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  98. American rule
    • Common-law general rule that a prevailing party may not be awarded attorneys’ fees from the loser unless exceptions apply.
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  99. English Rule
    • Real property rule stating that there is an implied covenant that a landlord deliver actual possession of a leased premises.
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  100. self-help
    • Doctrine under which a lessor, perceiving violations of the lease, may take extrajudicial action to recover possession of property from the tenant in possession.
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  101. duty to mitigate damages
    • A person claiming damages in an action is required to reasonably avoid or reduce the amount of damages if it is feasible to do so.
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  102. constructive eviction
    • A situation in which a premises becomes uninhabitable, so as to force the resident to abandon the premises.
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  103. covenant of quiet enjoyment
    • The right of a tenant to the use and enjoyment of property without interference from another.
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  104. implied warranty of habitability
    • Promise implied in a residential lease that the landlord will keep the premises in good repair and generally in livable condition for the term of the lease.
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  105. retaliatory eviction
    • Occurs when a landlord evicts a tenant in retaliation for the tenant’s reporting problems with the property to the landlord or housing authority.
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  106. public use clause
    • [found in Fifth Amendment] Expressly authorizes eminent domain in matters that positively impact the general public.
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  107. eminent domain authority
    • The government’s inherent power to acquire a person’s private property without the owner's consent. However, the government must compensate the owner for his loss. This inherent attribute of sovereignty has always existed in the United States. It is not a power created by the Constitution.
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  108. takings clause
    • [found in Fifth Amendment] Requires that just compensation be paid to the owner of private property taken for public use.
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  109. habeas corpus
    • Writ commanding a detaining official to prove lawful authority to detain a person.
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  110. surface land
    • A plot of land that sits above a mining operation.
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  111. categorical taking
    • A total taking of an interest that is less than the whole.
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  112. takings clause of the 5th amendment
    • Provides that the government may not take private property without just compensation.
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Card Set Information

Author:
tmoy4565
ID:
327566
Filename:
property
Updated:
2017-05-03 04:46:57
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property
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Description:
property
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