B. Subsequent Possession
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Questions and Answers

In possession laws, what is the key distinction between voluntary and involuntary bailment?

  • Voluntary bailment always leads to ownership transfer, while involuntary bailment does not.
  • Voluntary bailment occurs with negligence, while involuntary bailment involves no negligence.
  • Voluntary bailment involves intentional transfer of ownership, while involuntary bailment does not.
  • Voluntary bailment is based on agreement, while involuntary bailment is accidental. (correct)
  • What presumption does a finder of lost property have?

  • A finder has a weak claim to the lost property.
  • A finder has an irrevocable claim to the lost property.
  • A finder has a strong but not irrevocable claim to the lost property. (correct)
  • A finder has no claim to the lost property.
  • What is the significance of 'Ratione Soli' when determining the finder's claim to a found item?

  • It strengthens the presumption of the finder's claim to the item. (correct)
  • It strengthens the claim of the true owner over the finder.
  • It weakens the finder's claim to the item.
  • It has no impact on determining ownership of found items.
  • How does possession of an item found on public property differ from possession of an item found on private property, based on the text?

    <p>Finders have stronger claims to items found on public property.</p> Signup and view all the answers

    What is the 'Lost Armory' exception mentioned in the text regarding found chattel?

    <p>Lost Armory favors rights of others over those of the true owner.</p> Signup and view all the answers

    What is the main difference between Armory and Staffordshire as discussed in the text?

    <p>Armory is about finders' rights, whereas Staffordshire pertains to property owner-hired staff distinctions.</p> Signup and view all the answers

    What is a required element for adverse possession according to the provided text?

    <p>Exclusive control</p> Signup and view all the answers

    Which term refers to possession of the property being evident and obvious to anyone, including the true owner?

    <p>Open and Notorious Possession</p> Signup and view all the answers

    What does 'hostile possession' mean in the context of adverse possession laws?

    <p>Infringement on the true owner's rights</p> Signup and view all the answers

    How long does a typical statute require possession for adverse possession under the color of title?

    <p>20 years</p> Signup and view all the answers

    What is the main requirement for possession under adverse possession laws?

    <p>Continuous possession by a single adverse possessor</p> Signup and view all the answers

    What does 'continuous possession' imply in adverse possession laws?

    <p>'Uninterrupted' control over the property</p> Signup and view all the answers

    What is the main difference between lost property and mislaid property?

    <p>Lost property is intentionally left by the owner, while mislaid property is forgotten by the owner.</p> Signup and view all the answers

    In the scenario where McAvoy found the pocketbook, what legal term describes McAvoy's act of leaving the pocketbook with Medina?

    <p>Bailment</p> Signup and view all the answers

    Why did McAvoy demand that Medina give him the money as the pocketbook's finder?

    <p>Because McAvoy had a legal claim to the pocketbook against everyone except the true owner.</p> Signup and view all the answers

    What purpose does the doctrine of adverse possession serve according to the text?

    <p>To reward productive use of land and discourage landowners who neglect their rights.</p> Signup and view all the answers

    Under common law rules, does adverse possession apply against local, state, or federal government entities?

    <p>No, adverse possession cannot be claimed against government entities under common law rules.</p> Signup and view all the answers

    In what way does an adverse possessor 'earn' a claim to land?

    <p>By making productive use of the land that benefits society.</p> Signup and view all the answers

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