PROPERTY E SLIDES 04-08-13. COURSE SELECTION: PREPARATION Become Familiar with Registration Procedures Especially Wait List (Ask Qs!!) Become Familiar

PROPERTY E SLIDES

04-08-13

COURSE SELECTION:PREPARATION

• Become Familiar with Registration Procedures Especially Wait List (Ask Qs!!)

• Become Familiar with Graduation Requirements

• Read Course Descriptions• Talk to People re Courses & Profs (including

Me after class & in Office Hours)

COURSE SELECTION:2L FALL SEMESTER

• Not Sophomore Year in College– No Need to Get All “Basic Courses” Out of the Way Early– No Need to Take Especially Heavy Load

• Unlikely to Get Everything You Want– 3Ls Will Fill or Nearly Fill Many Classes– Later 2L Slots Have Even Fewer Options– Check in Advance & Prepare Alternatives

COURSE SELECTION:ISSUES THIS YEAR

• Online System New; Faculty Won’t Know• Lot of Seats in Evidence & Business Assns; Unlikely

to be Lots of Seats in Other Basic Courses• Lot of Interesting Specialty Courses: – Strength of UM Law School– OK to Do as 2L Unless Specific Pre-Requisites Listed– Good Discussion Topic in Job Interviews

• ME: Fall = Housing Disc; Spring = Veterans & Law

COURSE SELECTION:HOW TO CHOOSE

1. Becoming a Well-Rounded Lawyer2. Resume Management3. Taking Care of Yourself

Becoming a Well-Rounded Lawyer• Administrative Law: • Business Associations: • Evidence: • Federal Income Tax I:• Substantive Criminal Law: • Trusts & Estates: • U.S. Constitutional Law II: • At Least One Comparative/International Course (E.g.,

International Law, Comparative Law, International Business Transactions)

• At Least One Course Addressing a Complex Statute: (E.g., Commercial Law, Bankruptcy, Environmental Law, Employment or Housing Discrimination)

Becoming a Well-Rounded Lawyer

The Bar Exam: Becoming a Practicing Lawyer

• Bar Review Courses Will Give You Version You Need for Bar

• Mildly Helpful to Have Had the Material Before

• Matters Less the Better You Are at Law School Exams

RESUME MANAGEMENT

• Preparing for a Specialty Area– Not a College Major– Check Lists On Registrar’s Page– Talk to Faculty in Area

• Putting Yourself in the Best Light– Alternate Forms of Evaluation• Writing Papers• Lawyering Skills

– Schedules That Facilitate Your Doing Well• During Semester• Four or More Exams in December

TAKING CARE OF YOURSELF

• Balance in Course Selection– # of Exams or Papers– Likely Size of Classes– One Subject You Really Want to Take

• Comfortable Daily/Weekly Schedule• Choose Professors Rather Than Course Titles

FINAL POINT: Registration is Not a Crucial Turning Point in Your

Life• You are Picking One Set of Elective Classes – Three More Opportunities to Fill in Gaps– You’ve Done This Before

• Employers Care Much Less Than You’d Imagine• Not a Fork But a Spoon

Note 7C: Exceptions to Adverse Possession (S109)

Details not important. Need to know:1.AP normally doesn’t run against the gov’t2.States have different disability provisions that

toll the statute of limitations– Helpful to have a general sense of the possible

categories (e.g., for Lawyering Q)– Don’t need to know specifics of operation

DQ94: Adverse Possession Policy:Legislative Debate

• Florida Legislature considering eliminating or modifying adverse possession doctrine.

• Proposals include– Complete elimination– Color of Title Only– Adverse Possessor must pay market value (Forced Sale)

• Identifying Arguments re Strength & Weaknesses of Various Rules Central Part of Opinion/Dissent Q




• Positions likely taken by – Environmental Advocacy Group?– Advocacy Group for Homeless Folks




• Arguments suggested by facts of cases we read?– Note useful technique for Opinion/Dissent Qs




• Other Proposals/Arguments?

Review Problem 6A:DENALI & EVERGLADES

(Formica & Selectric)


• Tim = Tenant & College Student• Holds Big Party at Apt. Noise– Several Neighbors Call Police– Police Arrest 2 of T’s Friends

(Drunk/Disorderly)– Party Continues w/out Further Complaint

• Assume Violation of Fl. Stat. §83.52(7)• No Prior Violations of Lease or Statute• Can Linda (Landlord) Evict Tim for the

Party?


Example of Common Statutory Problem•Statute Creates Two Categories– §83.56(2)(a): Evict Immediately– §83.56(2)(b): Right to Cure (One Free Bite)

•Need to Argue: Into Which Category Does Tim’s Conduct Fit?


Example of Common Statutory Problem•Statute Creates Two Categories; Into Which Category Does Tim’s Conduct Fit? •Common Types of Argument:

(1) Literal: Within language of either (a) or (b)?(2) Comparison: More like items listed in (a) or (b)?(3) Policy: Should this behavior be sufficient for a landlord to evict without more?


(1) Literal: Within language of either (a) or (b)?

•Examples … that the TNT should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a subsequent or continued unreasonable disturbance. •Examples [that TNT should be given opportunity to cure] include, but are not limited to, activities in contravention of the lease or this act such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

Rev. Prob. 6A: Qs 1 & 2 DENALI & EVERGLADES

(2) Comparison: More like items listed in (a) or (b)?

(a)destruction, damage, or misuse of the LDLD's or other TNTs' property by intentional act or a sub-sequent or continued unreasonable disturbance.

(b)having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

Rev. Prob. 6A: Qs 3 & 4DENALI & EVERGLADES

(3) Policy: Should this behavior be sufficient for a landlord to evict without

more?

Rev. Prob. 6A: Qs 3 & 4DENALI & EVERGLADES

(3) Policy: Should this behavior be sufficient for a landlord to evict

without more?

•General Policy Concerns: What’s at Stake– TNT: Right to Housing & Fairness – Legitimate Concerns of LDLD & Other

TNTs

•Note Overlap w Arguments 1&2: Policy Concerns Can Explain Significance of Comparisons

Review Problem 6A:SKILLS & EXAM TECHNIQUE

• For Review Problem 6D next Monday, some of you will have to address same statutory question re antenna attached to building. Try to argue Literal & Comparison & Policy

Review Problem 6A:SKILLS & EXAM TECHNIQUE

I have given this problem both as a short exam problem and as a written assignment in the multi-part format I

gave you.

•I’ll Post Both Sets of Best Student Answers.

•For both forms, two other possible tasks:– Strongest Position (Q5)– Additional Facts (Q6&7)

Review Problem 6A: Q5SKILLS & EXAM TECHNIQUE

Strongest Argument (Q5): Helpful on Exams to Conclude a Discussion by

Briefly Arguing Which Overall Position is Strongest

–Central to Opinion/Dissent Q (XQ3): Try to Do for Each Contested Topic & Overall

–To Substantially Upgrade Your Answers• Do Overall for Short Problems (XQ2)

• Do for Major Contested Issues in Issue-Spotters (XQ4)

Review Problem 6A: Qs 6 & 7SKILLS & EXAM TECHNIQUE

Additional Useful Facts (Qs 6 & 7): Often Helpful on Exams to Identify

Unstated Facts That Might Affect the Outcome IF

–They Aren’t Inconsistent with Stated Facts

–They Don’t Drastically Change the Problem

–You Briefly Clarify Why They’re Relevant

Review Problem 6A: Qs 6 & 7SKILLS & EXAM TECHNIQUE

Additional Useful Facts (Qs 6 & 7): Often Helpful on Exams to Identify

Unstated Facts That Might Affect the Outcome

–Major Component of Lawyering Q (XQ1)

–Often Important in Short Problems (XQ2) or Contested Issues in Issue-Spotters (XQ4)• Like Size/Shape of Hedge in Actual Use AP

Problem

• BUT Make Sure to Make Use of All Stated Facts

Review Problem 6A: Qs 6 & 7DENALI & EVERGLADES

Additional Useful Facts (and Why)

for Review Problem 6A (one fact per person please!)

Documents

PROPERTY E SLIDES 04-08-13. COURSE SELECTION: PREPARATION Become Familiar with Registration Procedures Especially Wait List (Ask Qs!!) Become Familiar