Exclusions from Property Practice Quiz (11 questions)

All questions and answers

1. A buyer claims to own another individual as an object of property, while also owning that individual’s bicycle. Which assessment best reflects the boundary of property?

Both the individual and the bicycle may be owned as property.
Neither the individual nor the bicycle may be owned as property.
The individual may be owned, but the bicycle cannot be the object of ownership.
The bicycle may be owned, but the individual cannot be the object of ownership.

The bicycle may be owned, but the individual cannot be the object of ownership.

Explanation

Property can concern goods, but a person cannot be the object of ownership; the person's bicycle can be. Treating the person as an appropriable object confuses ownership of goods with ownership of the person, while excluding the bicycle wrongly places a good outside property.

2. Which statement best describes the scope of property in relation to persons and things?

Property concerns both persons and goods, while certain things remain outside its scope.
Property concerns certain things, while persons and goods remain outside its scope.
Property concerns goods, while persons and certain things remain outside its scope.
Property concerns persons, while goods and certain things remain outside its scope.

Property concerns goods, while persons and certain things remain outside its scope.

Explanation

Property concerns goods, although persons and certain things remain outside its scope. Treating personal attributes as ordinary goods blurs this boundary, extending ownership to the person confuses a person with their goods, and excluding all goods overstates the limit.

3. What does legal personality mean in law?

The capacity to hold rights and be attributed obligations.
The responsibility to perform obligations without holding rights.
The capacity to own property without being subject to obligations.
The identity and distinctive attributes of a human being.

The capacity to hold rights and be attributed obligations.

Explanation

Legal personality is the capacity to hold rights and to be attributed obligations. Human identity and distinctive attributes concern human personality, while ownership alone or obligations alone leave out part of the legal capacity.

4. Several people want their association to own a building as one owner without making every member a co-owner. What role can legal personality play?

It can make the group a single legal owner of the building.
It can make the building the owner of the individual members.
It can make each member a separate co-owner of the building.
It can prevent the group from owning the building as an entity.

It can make the group a single legal owner of the building.

Explanation

Legal personality can enable a group to become one owner and own property without establishing collective ownership among its members. Treating the members as co-owners confuses separate collective ownership with ownership through a legal person, while denying the group's capacity overlooks this function.

5. What are personality rights?

Rights allowing a group’s members to own property collectively through a shared title
Rights concerning personal elements such as the body, image, voice, or private life
Rights governing the use of goods that belong to no one and are common to all
Rights that establish a person’s capacity to hold rights and bear obligations

Rights concerning personal elements such as the body, image, voice, or private life

Explanation

Personality rights concern elements of an individual’s human personality, including the body, image, voice, and private life. Legal personality, by contrast, is the capacity to hold rights and be attributed obligations.

6. Which types of bodily material are identified as appropriable physical elements of a human person?

Tissues, cells, fingerprints, voice recordings, and hair
Organs, images, private information, and personal documents
Organs, tissues, cells, hair, sperm, and breast milk
Organs, bones, blood, skin, and medical records

Organs, tissues, cells, hair, sperm, and breast milk

Explanation

The listed appropriable physical elements include organs, tissues, cells, bodily products such as hair, sperm, and breast milk. The alternative including fingerprints and voice recordings mixes physical elements with attributes that are captured as personal information or emanations.

7. What function does the donor’s prior consent serve when human bodily elements are removed or bodily products are collected?

It establishes ownership of the collected material and prevents later changes to its use.
It authorizes the removal or collection while allowing the donor to revoke consent at any time.
It allows collection after death if the donor did not object during life.
It permits payment for the material as long as it is intended for medical treatment.

It authorizes the removal or collection while allowing the donor to revoke consent at any time.

Explanation

Prior consent is required for removal or collection, and the donor may revoke it at any time. Consent does not establish a right to payment, and the rules do not make post-death collection permissible merely because no objection was made during life.

8. When does a literary work generally enter the public domain, ending the heirs’ economic rights of representation and reproduction?

When the heirs choose to relinquish their economic rights
Seventy years after the author’s death
When the author dies, regardless of publication date
Seventy years after the work’s first publication

Seventy years after the author’s death

Explanation

The heirs’ economic rights end after seventy years from the author’s death, although moral rights remain. The period is not counted from the work’s publication or automatically from the author’s death.

9. How does public property differ from a common thing in terms of ownership and use?

Public property has no owner and is available for common use; a common thing belongs to a public entity and is assigned to a public service.
Public property and common things both have no owner, but public property is reserved for government employees.
Public property belongs to private users who share it; a common thing belongs to a public entity but is reserved for its services.
Public property belongs to a public entity and is assigned to public use or a qualifying public service; a common thing has no owner and is available for common use.

Public property belongs to a public entity and is assigned to public use or a qualifying public service; a common thing has no owner and is available for common use.

Explanation

Public property is owned by the State, a local authority, or a public establishment and has a public-use or qualifying public-service assignment, while common things have no owner and are for common use. A common thing is not owned by a public entity merely because its use is shared.

10. Why does an open-access pasture tend to deteriorate in Hardin’s account of the tragedy of the commons?

Each herder gains from adding animals while the costs of protecting the pasture are shared.
Each herder is barred from using the pasture, so its vegetation grows unchecked.
The pasture’s limited users collectively restrict grazing below sustainable levels.
Public authorities assign the pasture to a service that excludes local herders.

Each herder gains from adding animals while the costs of protecting the pasture are shared.

Explanation

An individual herder can benefit from adding livestock while the effort and costs of preserving the resource are not borne by that herder alone, encouraging overuse. Collective management by limited users is a proposed alternative, not the cause of deterioration in Hardin’s account.

11. A contract treats a person and that person’s personal belongings as objects that can be owned. Which part of the arrangement falls outside the scope of property?

Neither part, because a contract can make both persons and goods property
The person, because a person can hold rights but cannot be the object of property
The person’s belongings, because personal goods cannot be subject to ownership
The belongings, because anything owned by a person remains outside property

The person, because a person can hold rights but cannot be the object of property

Explanation

Property concerns goods, while a person remains outside its scope as an object of ownership. The belongings do not fall outside property merely because their owner is a person.

Study with flashcards

Lock in the answers with 10 flashcards on Exclusions from Property.

What does property concern, and what remains outside its scope?

Property concerns goods; persons and certain things remain outside its scope.

What capacity does legal personality confer?

The capacity to hold rights and be attributed obligations.

In property law, what role does a legal person occupy in the subject-object relationship?

The subject, not the object.

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