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Property

TermDefinition
4 Property Arguments rights/fairness, social utility, formal realizability, and institutional competency
Property a state-delegated package of distinct entitlements governing relations among people with respect to valued resources
Rights/Fairness Argument argument focused on moral reasoning, regardless of rule's actual consequences
Social Utility Argument argument focused on consequences of litigation
Formal Realizability Argument argument focused on type of rule to apply (rigidity v. flexibility)
Institutional Competency Argument argument focused on who should decide rules and application; legislative v. judiciary
Entitlements of Owner right to exclude, right to use, right to be immune from loss, and right to transfer
Trespass unprivileged, intentional physical invasion
Limits to Right to Exclude necessity, consent, public policy, public accommodation, and constitutional rights
Privileged Entry permitted entry when (1) owner consents, (2) justified by necessity, or (3) encouraged by public policy
Elements of Trespass unprivileged physical entry, owned land, intentional entry, and exclusive possession
Elements of Necessity Defense (1) clear and imminent danger, (2) reasonable expectation that action will directly abate danger, (3) no legal alternative to abate danger, and (4) Legislature hasn't precluded defense
Reasonable Access guarantee that all citizens access places of public accommodation
Public Accommodation Laws anti-discrimination laws that require private and public property to serve people regardless of identity; differ by federal and state statute
Gap Filler for Public Accommodation Laws common law duty to serve the public
Created by: hubbardjb
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