Wild Animals

Question 1

When you find an animal, this is the first thing you ask yourself.

Answer 1

IS THIS

A MOTHAFUCKIN

WILD

ANIMAL???

Question 2

Definition: Ferae notori

Answer 2

Animals in the state of nature

Question 3

Law of Capture

Answer 3

Way to acquire title to wild animals

Exercise of dominion/control over the animal

Must deprive animal of its natural liberty

Must have either actual or constructive posession

Constructive Possession: trapping or mortally wounding

A wounded animal belongs to the person who brings it under control in a way to make actual possession practivally inevitable

Cannot be divested by someone who intervenes and kills it

Question 4

Two Exceptions to the Law of Capture

Answer 4

1. Trespasser/ Ratione Soli: title vests in owner of land upon which actual possessor was trapping
2. Outlaws – if someone is hunting by some illegal means (e.g. constructive baiting)

Question 5

An escaped wild regains its natural liberty except in four situations:

Answer 5

1. Still in hot pursuit:
   • If still looking for it, still in constructive possession
2. Marking:
   • If the animal is marked, identified owner, branding
3. Habit of return:
   • Keeps coming back, still owned
4. Not regained “natural habitat”:
   • Zoo exception, animal remains owned if not in its natural habitat
   • Example zoo animals; people should be on notice that a lion wandering around town belongs to somebody

Question 6

• Rule of increase (domestic animals)

Answer 6

o Gives ownership right over offspring of domestic animals to the one who owns the mother

Question 7

• Rule of custom

Answer 7

o When a hunter apprehends an animal in accordance with the custom of the trade, title is acquired; Limited to that location; E.g. person to harpoon a whale gains possession and ownership; there is a finder’s fee

Question 8

Constructive possession of an animal

What is it

Example

And case

Answer 8

Must have to acquire title

obtained by trapping or mortally wounding

• A wounded animal belongs to the person who brings it under control in a way to make actual possession practically inevitable – cannot be divested by someone who intervenes and kills it

Question 9

• Pierson v. Post

Holding and Dissent

Answer 9

Mere hot pursuit not certain enough for constructive possession

Dissent: should be extended to “hot pursuit with a reasonable prospect of capture” to maximize production of wealth by encouraging hunting of foxes and so lessen the ruination of crops

Question 10

Law of Capture: What happens in these situations?

1. Hunter mortally wounds animal while animal was on another’s property
2. Hunter mortally wounds animal before it crosses onto private property

Answer 10

Examples:

1. Hunter’s bullet invaded owner’s airspace and so still trespass, does not obtain title
2. Hunter owns the animal, no trespass (license coupled with interest, right to enter onto property to retrieve animal)