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Property: Personal, Real, and Intellectual

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Term
Definition
Eminent Domain   1. taking of land 2. just compensation 3. historically taken for use of utilities  
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Lost Property   1. Abandoned - finder keepers 2. Lost - Finder must return to owner 3. Mislaid - finder must care for property  
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Bailment   giving of personal property to another with agreement to return it 1. sole benefit of giver 2. sole benefit of receiver 3. mutual benefit  
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Fee Simple   entire bundle of rights  
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Life Estate   own rights to use and possess for lifetime  
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Easement Grant/License   to traverse or allow access  
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Joint Ownership   1. community property - 1/2 ownership 2. tenancy in common - passes to heirs 3. Joint tenancy - interest passes to another owner upon deathif sold changes to tanancy in common.  
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Intellectual Property   Copyrights; Patents; Trademarks; and Trade Secrets  
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Copyright   the right to control the copies that are made: must be able to perceive it (see/hear it. Could last up to 70 years post-death  
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Examples of Copyrights   literary works; advertisements; magazines; written papers; music; movies; dances; art  
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Trademark   identifying marks; color scheme; or design (trade dress)  
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Elements of a legal Trademark   Must be distinctive; or have a secondary meaning of public recognition.  
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Trade Secrets   Protected under common law; must be info not generally known and have commercial value  
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Property   Anything that may be owned; whether it is intangible or tangible; is property.  
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Personal Property   movable property; interests less than complete ownership in land or rights to money. Typical examples of this would be from something as small as a pen to larger purchases such as a car.  
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Real Property   land and the buildings attached to it; forests and undeveloped land that one can possess.  
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Created by: heather.bradshaw
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