Pierson v Post The Hunt for the Fox

Pierson v  Post  The Hunt for the Fox

As one historian of hunting in America has put it, “backwoods farmers of the
colonial era regarded hunting not as a privilege but ... 50 This would certainly
describe Pierson, who did not respect Post's signaling of his intention to take the
fox by ...

Author: Angela Fernandez

Publisher: Cambridge University Press

ISBN: 9781108340298

Category: Law

Page:

View: 326

The 1805 New York foxhunting case Pierson v. Post has long been used in American property law classrooms to introduce law students to the concept of first possession by asking how one establishes possession of a wild animal. In this book, Professor Angela Fernandez retells the history of the famous fox case, from its origins as a squabble between two wealthy young men on the South Fork of Long Island through its appeal to the New York Supreme Court and entry into legal treatises, law school casebooks, and law journal articles, where it still occupies a central place. Professor Fernandez argues that the dissent is best understood as an example of legal solemn foolery. Yet it has been treated by legal professionals, the lawyers of its day, and subsequent legal academics in such a serious way, demonstrating how the solemn and the silly can occupy two sides of the same coin in American legal history.
Categories: Law

Property Law

Property Law

2 Compare the reason given by the majority for coming to their decision in
Pierson v. Post with the reasons given by Livingston J in the minority. ... If
Livingston J was correct, at what point in the hunt would the fox become the
huntsman's?

Author: Alison Clarke

Publisher: Cambridge University Press

ISBN: 1139447173

Category: Law

Page:

View: 681

An innovative examination of the law's treatment of property, this student textbook provides an extremely useful and readable account of general property law principles. It draws on a wide range of materials on property rights in general, and the English property law system in particular, looking at all kinds of property, not just land. It includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics, many of which are not easily accessible to law students. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading. It will be of interest to undergraduate property law students and to non-law students taking property law modules in courses covering planning, environmental law, economics and estate management.
Categories: Law

Concise Introduction to Property Law

Concise Introduction to Property Law

Pierson, a school teacher, was apparently returning home from his job when he
encountered the fox (which he ... Although it would be a mistake to ignore the self
-conscious humor of the judges in this case, Pierson v. ... It is possible that Post
violated some important community norm by interfering with the hunt of the fox.

Author: David L. Callies

Publisher: LexisNexis

ISBN: 9780327174363

Category: Law

Page: 892

View: 380

Concise Introduction to Property Law is first and foremost a casebook, designed to expose first year law students to the rich heritage of American Property Law through the study of court decisions. Instructors will find many of the familiar cases used in most Property textbooks, as well as many new ones. The notes in all chapters not only point out legal developments and additional cases, but also include substantial detail on the historical and social context in which the principal cases arose. The notes also provide a glimpse into the lives of the parties to the cases, some of whom are famous and many of whom are not. The book also has a definite inter-state comparative law perspective. This is primarily manifested by special attention to cases arising in the state of Hawaii, the one American jurisdiction whose property history departs from the national experience in dramatic ways.
Categories: Law

Property

Property

Examples. Post–Pierson. Problems. 1. Assume the facts of Pierson v. Post: Post
chasing the fox with hounds leading the way. (a) Suppose further that the record
at the trial in Pierson v. Post proved that Post's hunt was interrupted by nightfall, ...

Author: D. Barlow Burke

Publisher: Aspen Publishers Online

ISBN: 9780735570313

Category: Law

Page: 665

View: 200

The focused coverage of Examples & Explanations: Property, Third Edition , along with the proven Examples & Explanations format, which combines textual material with well-written examples, explanations, and questions that test the reader's understanding of the material covered, makes this text an invaluable means for helping students master the intricacies of property law. Among the features that have made this study aid a success: eminently clear and readable text six-part topical organization that matches the coverage of most first-year property courses and follows the organization of the best selling property casebook by Dukeminier, Krier, Alexander & Schill rich pedagogy includes boldfaced legal terms and visual aids, such as charts and diagrams, especially for common-law estates—a topic that lends itself to diagrammatic presentation the authors address principal cases used in most leading casebooks skilled and experienced authorship by long-time teachers and scholars of property law New To The Third Edition: updated coverage of takings to include recent Supreme Court cases Tahoe-Sierra Preservation Council Inc. v. Tahoe Regional Planning Agency, Kelo v. New London, and Lingle v. Chevron U.S.A. expanded introduction to trusts with clear and detailed descriptions of a trust, a grantor, a trustee, a life beneficiary, and a remainderman new substantive material added to coverage of: the recording acts the Third Restatement of Property concerning Servitudes (covenants and equitable servitudes) Private Nuisance—Chapter 27—adjacent and subjacent support updated coverage of the Rule Against Perpetuities many examples and explanations have been revised for greater clarity and effectiveness language in the text has been simplified where needed for even greater accessibility With its focused coverage, concise format, and problem-based format, Examples & Explanations: Property, Third Edition, continues to provide Property students with the help and confidence they need to master this difficult first-year course.
Categories: Law

Michigan Law Review

Michigan Law Review

This brings us to the 1796 case of Sharpe v. Sabin,” a Connecticut case the facts
of which are almost identical to those in Pierson v. Post. Sabin's complaint stated
that he kept hounds, guns, and ammunition for the purpose of hunting foxes; ...

Author:

Publisher:

ISBN: NYPL:33433073491346

Category: Law

Page:

View: 548

Categories: Law

Information Technology and Lawyers

Information Technology and Lawyers

... Berman and Hafner( 1993) and Prakken (2002), concerning the hunting of wild
animals. ... the first case, Pierson v Post, P was hunting a fox on open land in the
traditional manner using horse and hound, when D killed and carried off the fox.

Author: Arno R. Lodder

Publisher: Springer Science & Business Media

ISBN: 1402041454

Category: Computers

Page: 198

View: 360

The area of Information Technology & Lawyers is a fascinating one. Both from a practical and an academic perspective the opportunities of applying Information Technology to law are tremendous. At the same time, however, lawyers are amongst the most conservative professionals, and traditional late adapters of technology. Nowadays the gap between Information Technology & Lawyers is closing more and more, in particular due to the Internet and the richness of legal sources that can be found online. This book provides material to further bridge the gap by showing people with a legal background what is possible with Information Technology now and in the near future, as well as by showing people with an IT background what opportunities exist in the domain of law. Any lawyer should read this book about the current practice of IT in the legal domain, and what is to be expected in the near future. The book is meant for both practitioners and academics, and can serve in any (post)graduate courses on computer science, law, business, etc. The editors Arno R. Lodder and Anja Oskamp are both affiliated to the Computer/Law Institute of the Vrije Universiteit Amsterdam, and before co-edited books on IT support of the Judiciary, as well as the first two editions of the Dutch handbook on IT & Lawyers.
Categories: Computers

Property Law

Property Law

Post, or by saying that the landowner possesses wild animals on the owner's
land? What is the difference between those two explanations? 8. Hypotheticals.
All other facts being the same, what result if the fox hunt in Pierson v. Post had ...

Author: Edward Earl Chase

Publisher:

ISBN: STANFORD:36105134509210

Category: Property

Page: 1062

View: 781

Categories: Property

Law and Economics

Law and Economics

PIERSON v. POST Supreme Court. of New York 3 Cainea 175 (1805) ily seisin,
confers such a right to the object of ... find and start one of those noxious beasts
called a fox," and whilst there hunting, chasing and pursuing the same with his ...

Author: Jenny B. Wahl

Publisher: Routledge

ISBN: 9781135686147

Category: Law

Page: 358

View: 890

First Published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
Categories: Law

Property Law and the Public Interest

Property Law and the Public Interest

Although it would be a mistake to ignore the self - conscious humor of the judges
in this case , Pierson v . Post provides a ... It is possible that Post violated some
important community norm by interfering with the hunt of the fox . Both Pierson ...

Author: Joseph Gordon Hylton

Publisher: LexisNexis/Matthew Bender

ISBN: STANFORD:36105064239275

Category: Eminent domain

Page: 855

View: 637

Categories: Eminent domain

Overview and Economic Analysis of Property and Criminal Law

Overview and Economic Analysis of Property and Criminal Law

PIERSON v . POST Supreme Court of New York 3 Caines 175 ( 1805 ) This was
an action of trespass on the ed were not ... those noxious beasts calied be gained
in such an animal , it will be a fox , " and whilst there hunting , chasnecessary to ...

Author: Jenny Bourne Wahl

Publisher: Taylor & Francis

ISBN: 0815330855

Category: Law

Page: 358

View: 693

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.
Categories: Law

Alternative Dispute Resolution

Alternative Dispute Resolution

An Overview of Dispute Resolution CASE STUDY ( Adapted from Pierson v . Post
, ( 1805 ) ) Lodowick Post was a hunter . Mr . Post enjoyed participating in fox
hunts , and owned hunting dogs trained for these events . It seems that one day
Mr ...

Author: E. Wendy Trachte-Huber

Publisher: Anderson Publishing Company (OH)

ISBN: STANFORD:36105062251173

Category: Law

Page: 1384

View: 592

Categories: Law

The Oxford Introductions to U S Law

The Oxford Introductions to U S  Law

Pierson v. Post,2 the most famous case in property law and a frequent starting
point for the course, struggles to specify ... Post was pursuing a fox as part of an
organized hunting party on a “beach,” which apparently was stipulated to be wild
 ...

Author: Thomas W. Merrill

Publisher: Oxford University Press

ISBN: 0199832102

Category: Law

Page: 284

View: 262

The Oxford Introductions to U.S. Law: Property provides both a bird's eye overview of property law and an introduction to how property law affects larger concerns with individual autonomy, personhood, and economic organization. Written by two authorities on property law, this book gives students of property a coherent account of how property law works, with an emphasis on describing the central issues and policy debates. It is designed for law students who want a short and theoretically integrated treatment of the subject, as well as for lawyers who are interested in the conceptual foundations of the law of property.
Categories: Law

New York City Law Review

New York City Law Review

PURSUIT OF DEATHLESS RULES AND WILY FOXES A . Chasing After The Law
The struggle , during an anxious first ... Pierson v . Post , 48 as this famous fox
hunt is known to lawyers , illustrates how the legal mind can transform a simple ...

Author:

Publisher:

ISBN: UCAL:B5103327

Category: Law

Page:

View: 949

Categories: Law

A Property Anthology

A Property Anthology

Consider Pierson v . Post , 16 a classic wild - animal case from the early
nineteenth century . Post was hunting a fox one day on an abandoned beach and
almost had the beast in his gunsight when an interloper appeared , killed the fox ,
and ...

Author: Richard H. Chused

Publisher: Anderson Publishing Company (OH)

ISBN: STANFORD:36105061909615

Category: Law

Page: 622

View: 475

Categories: Law

Hastings Communications and Entertainment Law Journal Comm Ent

Hastings Communications and Entertainment Law Journal  Comm Ent

Like the ownership of the fox in Pierson v. Post, hunting is not enough, pursuit is
not enough, even wounding is not enough, the fox must actually be taken before
the hunter obtains a property interest.” In the public use doctrine cases, the ...

Author:

Publisher:

ISBN: UCSD:31822041101403

Category: Communication and traffic

Page:

View: 904

Categories: Communication and traffic

Micromash MBE Review Reference

Micromash MBE Review Reference

Hunting wild animals - - Pierson v . Post , 2 Am . Dec . 264 ( N . Y . 1805 ) .
Pierson v . Post 1 ) Facts . Post ( P ) and his hounds found a fox on a wild ,
uninhabited stretch of land . As P was hunting and chasing the fox , Pierson ( D ) ,
knowing ...

Author: Walter H McLaughlin

Publisher: Houghton Mifflin Harcourt P

ISBN: 0159004322

Category: Property

Page: 186

View: 769

Categories: Property

Property

Property

Hunting wild animals - - Pierson v . Post , 2 Am . Dec . 264 ( N . Y . 1805 ) .
Pierson v . Post 1 ) Facts . Post ( P ) and his hounds found a fox on a wild ,
uninhabited stretch of land . As P was hunting and chasing the fox , Pierson ( D ) ,
knowing ...

Author: Gloria A. Aluise

Publisher:

ISBN: 0159002648

Category: Property

Page: 168

View: 238

Categories: Property

Deconstructing Legal Analysis

Deconstructing Legal Analysis

But he cannot prove that he brought it within his certain control . The fox was still
running down the beach and there was the possibility that the fox could escape .
Same case as Pierson v . Post , same outcome . But the professor does not let ...

Author: Peter T. Wendel

Publisher: Aspen Publishers

ISBN: STANFORD:36105134498216

Category: Law

Page: 194

View: 916

Peter T. Wendel has taught academic success workshops at over thirty-five law schools throughout the country. In Deconstructing Legal Analysis: A 1L Primer, he provides a variety of time-tested techniques-including a unique model for visualizing legal analysis-to teach students how to think like lawyers and take law school exams. Deconstructing Legal Analysis: A 1L Primer features: a unique, visual pedagogical method that illustrates a relational analysis of facts, rules, and public policy an interactive approach that consistently encourages students to write down their answers to carefully guided questions a great teaching case, Pierson v. Post, showing how a layperson reads a case as compared to how a lawyer would read the same case useful templates and methods for legal analysis and essay-exam writing, such as IRAC and IRRAC exam-taking tips and guidance that emphasize flexibility, rather than a formulaic approach If experience is the best teacher, then Deconstructing Legal Analysis is an essential for academic success in law school.
Categories: Law

The Denning law journal

The Denning law journal

The seminal case which attempts to answer these question is Pierson v. ... The
facts of the case are relatively simple, Post in possession of certain dogs was
hunting on an abandoned beach, having ... Before Post had any chance of killing
the fox, Pierson intercepted his pursuit and killed the fox and took away the
carcass.

Author:

Publisher:

ISBN: UCAL:B4958980

Category:

Page:

View: 149

Categories:

Fundamentals of Property Law

Fundamentals of Property Law

[1/2] Chapter 1 PERSONAL PROPERTY I. WILD ANIMALS PIERSON v. POST 3
Cai. R. 175, 2 Am. Dec. 265 (NY. ... find and start one of those noxious beasts
called a fox,” and whilst there hunting, chasing and pursuing the same with his
dogs ...

Author: Barlow Burke Jr.

Publisher: LexisNexis

ISBN: 9780327176091

Category: Law

Page: 970

View: 469

Fundamentals of Property Law is designed with four guidelines in mind, allowing the student not only to obtain a firm grasp of the fundamentals of real and personal property through the use of this book, but also to enjoy the experience: • First, the selection of cases emphasizes rules that are widely accepted in practice. Minority view opinions appear only when they state the majority position clearly, so that students will not be misled about the current state of the law. For example, materials on common law estates is presented through cases, allowing the teacher to integrate them with the rest of the course and pointing out the extent to which the estate system meets the needs of attorneys in practice. • Second, shorter cases are preferred over longer ones and short expositions of the rules are preferred over treatise-like opinions. While some treatise and law review literature is needed beyond case law to provide a sufficient guide to the law, this casebook provides an introductory view. Thus the land conveyancing materials emphasize the transfer of titles, the text presents servitudes and easements' leading concepts, the takings cases deal with land use controls, and the controls emphasized involve the basics of zoning. • Third, the authors address questions of statutory interpretation with regularity in the cases and notes. While real property law may be affected less than some other areas of the first year curriculum, it is of vital importance to understand the role statutes play in our legal system. • Fourth, this book uses intellectual property to provide perspective, but is written overall with a broad approach to the law, reflecting the many disciplines that illuminate the law of property. This eBook features links to Lexis Advance for further legal research options.
Categories: Law