f A. - archives.lessoncorner.comarchives.lessoncorner.com/da4135e502605e41e.pdf · Give At to Tomy as a Stp? Put it An his Gash reg:l, stsz? D. ... Old Woman Mountains where they

FZNDERS EERPER.q

Property I_L_hte o__fa Finder

A Teacher*a Lesson ]Plan

l_epftxed ]by Ststelle HowardRichard #eAxzr.caub

L982

All legal materials and presenta_Lona provided by theConstitutional Rights Foundation are _ntended etrictly_for academic purposes and may not reflect the current ]Lawof any partAcula_ _urAsdic_Lon.

Tho ConBtltutional l_Lqhtl Foundation does not gLve leveladvice. If &ny :L_16.Jructlonl lupplied by the Foundation aresuggestive of · oolutAon to a personal problem, the rec_pA-eat ehould aeek l_dePendent proreosAonal 3udgnent oonoezntngthe rpecA£Ac problem. . ._ .

. Revl ted Edition 1982e0_so___ I / '

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A'FXHDERS KEEPERS_Propex_y Rights of · F.tndez).

! 'TEA i_-R IS LESSON I_LAH

' XHTR.0DUCTORY DJrZT 01 --

. Xnstructlons For.Tho Teacher

To provide the student8 the opportu_Lty to reexaminenotions about ownership of found &r_Lclss, hold an open-ended discussion of the statement, Possession is nine-tenthso£ the law =, and 'Finders bepexs, Losers Weepers". Toinitiate discussion, ask the students whether or not e_isshould be the inv and if os, why?

Copy and distribute the materials from the Student's Lesson -_Plan, Xnt_roductoFy Unit il. A_ter the above discussion, askthe class to read the cases and discuss the Questions.

CASE l

Suppose you bought a "used cox'. A few weeks later, whan ..you were dxiving with several of your friends, one of than, ',Max_, ghropped some change An the back seat. As she was ".poking around trying to find At, she found · rang wedged Z'Ants the back se_t.

' &. Who do you th_nk should hep the ring? Mary? _ou?The pexaon you bought the ca= from?

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B. Would you feel differently if you had bought the carfrom · used car dealer? A private person through an '_;'ad in the pepars? & personal friend? Should it?

CASE .2

Suppose you are shopping An · neighborhood store and find· money clip holding · wad of bills on the fl0o= An · coz_e_r.

: A. What'-should you do? What do you think your rights axeto the money? The storekeeper's r_ghts? The original

; owner's rights?

B, Would your anewe_ be different 1£ you were the findex?· The storeAeepe:? The original ovner?

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C. What do you think the Lay requires you to do? Why?

; D. Do you think it is "good oonnon sense" to resolve thiskind of case on the basis of "Finders keepers, Xosersweepe_s"?

CX.SE 3

On has way bone fFon work one morning, _'acob SmAll £:i.uds ·canvas bag Xying at the side of the road. Opening it hefinds At As failed with money. When he gets home he countsthe Boney. There is over $150,000 in mull balls'. Gaoobhas never seen so much money An has 3Life. He vmrks as aJanitor at night. His wife _rks. ]!e has five children.

O,ms oesA. Is the money _acob'e because he found At? Why? Why

not?

B. Byes if _acob believes he 'has the right to keep themoney, 'should he report it to the police? Why?

C. Should the facts of macob'e life have any influenceon the decision he makes about the money? Why? Whynot?

D. X£ you were ,3'acob, what would you do? Why? .:.

B. X£ nobody claims the money, does _racob have · Xegal -:.claim to Lt? .

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._ FZNDERS KEEPERS'-

_: 3:_?RODUCTORYUI_T J2iim i

,: To engage .the students in · discussion of the ethA_l andmoral questions involved Ln the statement, eF/.nde_s keepers,

· losezs reelers' and '_cesession is _tne-tanths of the law','- and to give then an opportunity to oonsidez their ideas of

vhAt the law Am concerning a findaz's zights, ahoy the film,'Clubhouse Boat e*, to 2_ux class. After glaring the film,have the students d_scuss the follovi._g questions ooncer_Lngthe film.

A. Xn the two instances that Tommy £inds he has beenoverpaid, should he have kept the honey? why? whynOtT

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B. Would you say the phrases, 'Flndezs keepers, losersveepezs' and Ups·session is l_Lneotenths of the law',apply An these instances? What axe 7GU: reasons?

C. When the Xady vith the child overpays Tonny, shouldhe have told his boss? Would the extra money belongto the druggist? Should the druggist return At to thelady? Give At to Tomy as a Stp? Put it An his Gashreg:l, stsz?

tD. Do you think that Ln the instance of the few sent· the

lady overpays, At As okay for T,=m_y to keep the moneybecause o£ the amount? Because she d_dn't Stp hah? Xs i

- there · dif£erance An the fact that )tr. Gover overpaid -_I:_ $5.oo? '_

Z. DO 70U T_k _Gmny would have &c_ed dif£erently L£ hal£riandS bad'et put lO B_ pressure on him? Why?

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· eClubhouJe Boat", Churchill FiLms, Los Angeles, California. 'Available £_ Constitutional Rights Foundation andAud£ooVlaual Section of Los An.9else Clt_ and County SChools.

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.L_W_-_-TUZ_ASSROCH U_XT

Col_ and distz_buta the Lavyaro£Uothe-Classroou mt·riLes _nthe Student's Lesson Plan. Ask the studenU to read the

_ case carefully and study the ques_Lons so that they arepreps, ed to d_scuse &ud analyst the case with the hwyer.

.CASE

Andy, · high school student, liked to look £or good value _n'old stuff" et garage sales In his neighborhood. He Wouldbuy old furniture for a low pricej £_x it up and replant Atjand resell It to local an_Lque or run, Sure stores at ·profit.

One SLue he found an old chest of d_awers at )ir. Baker'sgarage sale and bought it for $10. He took it bom to yorkon it and discovered an old postage st·rip vodged _nside the£rane of the chest betveen t_ dr·vets. He took At to aneighborhood s;--p shop and vas told At vas · rare s+-_. andvas worth $_00. ...

lit. Baker later learned of the circunstances and claud theIf_np £ron Andy.

Q_, s_cws

x. zf _ou vere Andy.s xavyer, how _uld you argue for hisright to keep the st·ap?

B. Z£ you wre Kr. Baker's lawyer, vht ·rgunents wuldyou make for his right to have the st·up?

: C. How would 7ou fei A£ you were the f_nder? The origi-nal ovner?

D. How would you feel if Andy vere poor= and Xr. Baker wererich? Should At make · d_f£erenoe? ..

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Z. Boy would you resolve the dispute? Why?

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To assess the effect of the l&vyer's viBit on bofJ_ tJ_eunderstanding of th_s area of law and the attitudes of thestudents toward found ob_ecte, have the students road the"Case of the Old Ncm&n Aeteorite" and d_scues _ question!that follow.

Copy and d/stzibute the Ha_Lrinll £zom the FollowoUp Un/t _nthe Student ' a Lesson IPlan.

_d%SE OF THE OLD _ HETEORITK"

While searching for a lost Spanish gold J_Lne ._n the Cal_-forn/a desert near Twenty-nine palms, three young _ oameupon I large rock that was somehow different from the tinend gray boulders that littered the floor of a rayon _n .hoOld Woman Mountains where they were ezplorJ_g.

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]f_ke ,__zak, one of the treasure seekers, who knewSome·h/nV about geology; was attracted by the redd_sk brown _.sad black rock and went to look it over. Using a aba11, toolhe tapped the rock. He became very excited and called h/sto---ares, ex om pretty sure th_s _s & mo·earl·o," ho said."I've seen pictures of meteorites in school and I've leanthen _n' muse_s. We've mdc a find'. Th/s Ls watch · for·uae'." " '.

For the next few months, the three men gave a great deal ofthought about what to do with their fled. by considered ._making · movie for television, of selling pieces to arian- ::tis·e, all kinds of ideas. ='

What they finally did was to send chips from the neteorite Jto the Griffith Observatory and to IProf. John T. Wesson, ·UCLA chemist and meteorite expert, for analysis. Wiasonlin·din·ely recognized the sample as havLn, g come from · raretype of meteorite known as °2Tpe ZZ".

Soo n after %_L8, Dr. Boy S. Clarke, C_Lrator o£ meteoritesfor tho Gmithlonil3_ hi·itu·mien in Washington, D.C., headabout Zhs "OJLd IA:sAn" meteorite and came'to CalLforni& to

.- Cllb t_Lt.3,e to t_le bS, g ,r_..Jlc. b fbz!.thl(_nLan"l {=liil_ wis

: based on the fact that _he meteorite ns found._n _edar&lland and, _hera£or&, belonged %0 _h_ government. ProS·star

' Wesson, representing California scientists nd museum offi-cials, _a_d it.was found _n Californ/a and should re_ain ._n

' California. 'Tho three explorers sa_d 'the meteor:its belonged 'to them.because ·fear having £ound _t, fha Z had £_ted _. _L_tU. _

; clahn to the chunk of zoc_.

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gUESTIOHS

A. Do you think $J_at · "£And" involving · natural phs·om-mason such as the meteorite should belong to the finder

:[ or to the government? Bxplain your answer. Mould youreel the same if the Beteorite had not been found on

.: govern·at land? Shy? Why not?

B. Mould you thank the same if the individual found aprecious mineral or gem stones on. govsrmnent .land?

" Why? Why not_

C. Do you think · finder should be rewarded or have soaekind of share An the value of · find such as the meteor-Ate?

D. Say you hired · ship to go into the Caribbean to huntfor the treasures of old sunken Spanish ships, andfound such a ship vith qold and silver, and ancient_rks of art from the Xndian cultures of Mexico. ShOuldthe treasure belong .to the finder? Why? Why not? Youare an American citizen but the ship va8 found off thecoast of Hexico. 'Who has claim to the treasure? Spain?U_Lted States? Mexico?. Tou?o

Z. Do you believe governments should have law about owner- .:sh_p of found property to which prior ownership cannot.be es_shlAshed? Why? Why not? Should the found prop

· ert2 automatically belong .to the £indar? esr does afinder establish ownership?

- F. Compare the issues involved An the case of the foundpostage st·rip with the case o£ the "Old Woman" mot·or-Ate. What di££erences do _ou find An the circumstances?

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_. FIHDERS KEEPERS

._- Znfo_t, ion For _ Teacher

Tho SnLtthsonian Znstitu_Lon's claim to the mt·or!t· dLr_ye_from the 1906 Antiquities Act ·S contained in FLr.agW_b4431-33, T£t. te 16, U.S.C.A.

"NATIONAL AND INTERNATIONAL AON_fI_IT$ANDMEMO_

Cross Re_erencem

Protec_Lon of _Lubez upon na_Lonml monuments £=on £_e,disease, or insect ravages, see mection 594 of this =Ltle.

S 431. Hat.lanai ' monunentm_ ' rem·tv at. ion of lend_ relin-_im_nent of private claims

The President of the United States :[.s authorized, in !_LSdiscretion, to declare by public proclamation h_Jto=lclendmarks,historic and prehistoricstructures, and otherobjects of historic o= scientific interest that az· $£tu-· ted upon the lands owned o= controlled by the Govern·neof the United States to be national menu·ants, and my :ireserve as · part the=eof parcels of land, the l/_Lts of ' "wlLtch Ln &ll Cases shall be confined to the smallest areaco·parle with the proper care and man·gan·ne o£ th& ob3ectsto be protected. '_en such objects &re situated upon · tractcoveEed by · bona £ide Unperfected claim or hold in p=_yat· ·ownership, the tract, or os nuch thereof an nay be necessar_ '..for the proper c_re end management of the object, my berelinquished to the Govez_uent, and the Secretary of the· n_erio= lo .authorized to accept the reliaquishnent of suchtracts in behal£ of .the Government of the United States. '..' .:

_u_ 8, 1906, _. 3060, J 2, 34 Stet. 22S.

S 432. Permits to eXamine ruin. s, .e_.cavations, and gather-- ' lng of objects[ re_ ulat_onl . "

. _ernits for the examination of ruins, the excavation ofarchaeologioal sites, and the gathering of objects of

· antiquity upon tho lands under their respective 3uriad_o-: t. tons Bay be granted by the Secretaries o_ the. znter_oc,i '&gricultv_e, nd Amy to institutions vl_Lch by my deem

properly qualified to conduct arch exa_tnation, excavation,or gatherLng, eub_}ect to luch rules and regulations as they

_' . my p=eacr_be: Provided, That the examinations, excavations,and gatherings &re' undertaken for the benefit of reputablenuaeuno, universities, colleges, or other recognized scien-tific or educa_Lonal _nstitu_Lons, with · view to increasing

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the knovledge of ouch objects, and that the gatherings shall_ be made for permanent preservation An public muse_ns. The

Secretaries of the departments aforesaid shall lake and pub-11sh from t/ne to _Lme untforn rules &nd regulations forthe purpose of carrying out the provisions of tJ_s sectionand sections 431 and 433 of this title.

: June .8, 1906, o. 3060, IS 3, 4, 34 Stat. 225.

p 433. American Imtl_LttLes

Any person who ohs11 appropriate, excavate, Injure, ordestroy any historic or prehistoric ruin or monunont, oxany object of antiq_Lty, situate on lan_B owned Or eon-trolled by the Government Of the United States, without

. the Permission of the Secretary oral,he Department of theGovernment having' Jurisdiction over the lands on vhlch saidantiquities ire situated, shall,-upon oonvlction, be finedLna sun of not more than 8500 or be imprisoned £or a Per-to8 of not more than ninety days, or shall suffer both £ineand imprisonment, An the discretion of the oourt.

June 8, 1906, c. 3060, S 1, 34 Stat. 225.

West's Federal Forms

Fine, lee S 7535. "

Heats of Decisions

1. Yurpose

This section, prohibiting inter alia, the appropriation ....: of 'any ob:Sect of antiquity' situated on government lands,

was intended to protect American Zndians from those who -_- would 'appropr:Late, excavate or in:Jure anl_ historic menu- ':

meat or object of ';antiqu:i.t-/"' situated on Indian lands.U.S.v. Diaz, DoC.AELs. 1973, 368 F.lupp. 856.'

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i The three men vho found the maser/ts have filed ·elah to .At under the provisions of the 1872 OLlnLng Act, which readss

: "That all valuable mineral deposits In lands belonging tothe United. States, both surveyed and unsurvlyed, are haz_bydeclared to be free and open to exploration and purchase,and the lends Ln which they are found to oocupation and pur-chase, by citizens of the United States '.... and, aooord-Lng to 'the local Gustons or rules o£ miners, In the oevaEalmLnlng-d_st, rtcts, so Ear as the 8ams are applioable AudLnoonsistint with the laws o£ the United States

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"Sec. 3. That the locatora of all min:Lng locat_.ona here-reface made, or which 8hall hereafter be made, on any acLneralvein, lode, or ledge, situated on the public domain, . · · .aa long as they earthly u_th the lava of the Un_ted States,and vith State, toccitorLal, and local regular-tone not ]Luconflict with maid lava of the U_Lted States governingthe£r poaaesaory _Ltle, shall have the exclusive right ofpossession and en:Joyment of all the eur£ace :Lncluded v_th_nthe 1Luel of their loca_Lonf, and o£ Lll veins, lodes,ledges ' ·

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FZHDERS KEEPERS .

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! com_ STs_ms

There ace essen_ally _ee Ways to ca_gor_se our c_urts.

case and applytho trial courtslaw CO those specific facts.' All cases start ·t

_Aal court level. Tho a 1late courts focus on the lawInvolved In the case. y no rev ev questions of fact,vb_ch tho trial court decides. Appellate courts decidevhother the t=lal 2udge erred An his Interpretation of thelaw, and thus a case may roach an appellate court only afterAt has ben heard An · t._l_l court.

Tho second distinction As between cri_Lnal and civil courts.Zn a criminal case (where accused has haLlned moc.J,et_; ,t_d "government, representing society, brings a case against .h_n.l.,the governnent accuses · person of violating · lay for vh_cn· penalty Ls provided. Xt seeks to punish the accused bydepriv_ng him of has life, liberty, or property. Zn a civilcase, one may also be deprived of has property _and sometimesbls l_e_rtyl, but for · d_fferent reason. The purpose of · .:Cr_n_nal trial As to punish the offender! that of · civiltrial (one person against anothar-obet_een private cl_Lsenslb Co compensate one person for a loss caused by another.

; _n cases where such liability my be found ire automobileaccidents, sale of faulty M. rchand_se, and failure to pay :_z_Jnt. "

Third, thoro ere beth state and federal court s stems. (JoeChart on Court Structure_ Tho _ede=al dis_lct courts axetho tE_t courts for all cases aris£ug under the laws and _'Constitu_Lon of the United States. State courts have _uris- ':diction over all cases arising at co_on law* and equity**as veil as all cases under the laws of the states as enacted ..by their legislatures. Host cases, both cr_Lnal and civil,&re b_ought ku the etat_ oourta. Within the state oottr_system there may be a numbe_ of different,trial and appellatecou_ts having _uriediction, or authority, eve= different.. -_ .t_pes of cases end oases of d_fferent degrees of ln_ortance.For exan_Xe, An CnlAfornia erAaZ cou=ts, a use An a X.erpe_udicial dietriet will be brought Aa either the nunic_____

' coup. or'the euper_lorcourt. 'Tho superior court-]i_u--dlWi--_jho

· Coanon l_m' - Law that has Ate origins :In England and .grows from ever-changing custos and _radit_on. _udgemade law (Aa opposed to legislature-made XawX.

· * Equity - A court's poqe_ to "do _ust_ce" whore specific_a_s do not cover tho situation.

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F_IDZRS KEEPERS'

_/ Bore lucent uses--the felonies and civil cases involvingover $5,000. But certain t_pes of .cases, ouch &l divorceand probate, are brought only An au erior court regardless

_- of the amount in controversy. Xn e-_udicinl dis-tric_l with a usti_ instead of a municipal court,

; there A1 · I a_ v I on Of the easel.

The federal court system has · oinAlar structure. 'WhAle'there are · number of courts that handle only specializedutters, much u the nit. oma couz_', and tax c_urt, molt usesstart An the federal d!otri'_t courts, con'grelf Kal ItJriCtlylinAted the types o_ cases that ZAlX vithin the 3urisdlctionof these courts, One t2pe Is the diversity case where each12_ty resides in a different state amd the'amount An centre-.versy Az over $10,000. The other type As · case involving afederal question, that As, one applying the federal coneti-t_ion, statutes, or txeatAes.

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