Music: “Wicked “ Broadway Cast Album (2003) SPRING 2017 PROPERTY A FINAL EXAM

1. Music: “Wicked “Broadway Cast Album (2003)SPRING 2017 PROPERTY A FINAL EXAM The Wonderful Land [Law] of Oz

2. 7 CHARACTERS 7 Qs

3. & 2 NEW AMERICAN STATES Jalyn + Arias Jalynarias = = Tusaras Sara R. + Sarah V.

4. ORDER OF PROCEEDING • Logistics & Exam Structure • Exam Technique • Generally • QI: Lawyering • QII: Short Problems • QIII: Opinion/Dissent • QIV: Issue-Spotter • Qs on Exam Technique & Logistics

5. Logistics & Exam Structure

6. General Logistics • Office Hours Tomorrow 9-1 & 2-6 • I will respond to E-mail Qs(within reason)sent before 6pm Tomorrow • All Info Memos & Comments/Model Answers Complete & Posted except Rev. Prob. 1G/2015 Prob IIB (Should be posted by early tomorrow.) • I’ll post these slides and link to video of session ASAP after we finish here.

7. Exam Coverage • Distribution • Chapter 3 Not Tested • Chapters 1-2, 4-5 Each Tested in Two of : • QI(a) & (b); QII (A-D); QIV(a) & (b) • I’ll Explain QIII Separately Later • Info Memos on Chapters have coverage details • Test can’t cover every issue in the course (e.g., AP & Easements 2015 v. 2016) • Major issues on test should be familiar from review problems and DQs discussed in class

8. Exam Coverage • Most major issues on test should be familiar from review problems and DQs discussed in class. • Attempt to favor actual presence in class  When choosing major topics, some preference given to Review Problems discussed at lengtb in class where slides just contain outlines of the discussion

9. Exam Coverage: Statutes • On Q1 (Lawyering Question) Often Sensible to Check if Relevant Statutes Address Issues, but None Specifically Provided • If I ask you to do an anti-discrimination issue in Q2 or Q4, I won’t provide statutes & your primary task would be to discuss the evidence of discriminatory intent.

10. Exam Coverage: Statutes • Need to use specific statutes in Q2D and Q4 • Statutes Provided on pages immediately following these Qs; can tear off to use • All Provisions Directly from Course Materials, Slightly Edited • to Remove Some Language Not Relevant to Exam Qs • to Clarify or to Fit Problem (e.g., length of AP SoL) • See Info Memos on Chapters 1, 2, 4 for Lists of Statutes that Might Appear.

11. Exam Coverage: Statutes • Need to use specific statutes in Q2D and Q4 • Must recognize relationship between statutes & common law, which varies. E.g., • Mutually Exclusive: FL MW Statutes v. Shack • Overlapping: NY Adv. Possession Statutes & Cases • Must recognize where statutes are clear and where they are ambiguous. • Must be able to apply statutory language correctly. • Ask Qs if unsure

12. Exam Instructions • Draft instructions page of exam available on Course Page to read in advance • Facilitating My Grading: Tina Separates Qs • If Handwriting, Start Each Q in New Bluebook • If Using Laptop, check instructions for info on inserting hard page breaks between each Q on both Mac and Non-Mac Computers

13. Structure of Exam • Choose three of four equally weighted Qs • Four hours • One hour to read Qs, take notes, outline (no computers or bluebooks) • Three hours to write answers (One hour per Q) • CRUCIAL to stick to allotted times (as if your best friend will be harmed if you go over time) • Closed book with syllabus attached. Copy of Exam Syllabus on Course Page to practice with.

14. Using Your Reading Period 1st 15 Minutes • Read Test • Hyperventilate • Choose Which Qs to Write • Good Idea Not to Pre-Select; Wait to See Qs • Favor Qs Where You See & Have Ideas re Hard Qs • Set Order You’ll Write Qs. Consider: • Comfort Level; Likely Energy Level at Start & End • If Frequent Time Issues, Don’t Do Q2 or Q4 Last

15. Using Your Reading Period Next 45 Minutes (I’d Recommend…) • Use about 15 minutes on each Q • Read it again carefully • List major points you’d like to discuss • Choose order to make rough outline • Do last in reading period Q you want to write first

16. Starting to Write • Suggestion for Students Typing Exam • to Maximize Benefit of Reading Period • to Help Organize Your Answer • Might make first step for each Q to type in a sequence of headings & subheadings (prep during reading period) • Makes Organization Clear to Me & to You • Reminder of What You Want to Cover • Places to Stash Ideas Arising While You Work

17. Qs on Structure or Logistics?

18. Exam Technique: Generally

19. Exam Technique: Generally • Podcasts & Slides from My Exam Techniques Lectures Available on Course Page • Some Repetition Here, But Focused on Problems Commonly Arising on Old Exams & Submitted Sample Qs

20. Exam Technique: Generally (1) Testing Ability to Use Tools, Not Knowledge of Them • Don’t Simply Recite Legal Tests; Apply Them (as Soon as You Mention Them) • Helpful to Include References to Relevant Authority (esp. Q2 & Q4) • Show All Work • Lesson from Wizard of Oz (Because, Because, Because, Because…)

21. Exam Technique: Generally • Testing Ability to Use Tools, Not Knowledge of Them • Might think of each case and each chapter as a box of different kinds of tools • Don’t try to generalize in advance about which of the tools you’ll use. • E.g., Should I lay out the facts of cases I am citing? = • Is a screwdriver a good tool to fix things? (Depends) • Is a wire whisk a good tool for cooking? (Depends) • Choose tools based on the particular task and the particular materials I give you.

22. Exam Technique: Generally (2) Draft, Not Final Product • No need for formal introductions & conclusions • Can use abbreviations (names; recurring phrases) • Can use telegraph English • Can use headings & subheadings to replace topic sentences& transitions (& show organization) • Can use bulleted lists (e.g., of evidence supporting one side of an argument or for Q1 of Qs to investigate) • If short of time, can do outline of additional points “I know you like…”

23. Exam Technique: Generally (3) Be Concise. Regarding the recurring problem of wordiness, almost all of the otherwise diligent and competent students who took the time to submit a practice exam answer pursuant to the rules posted on the course page for doing so thoroughly demonstrated the fact that that they had a tendency to that problem as well as showing redundancy and continued difficulties writing in a concise, brief and to the point way.

24. Exam Technique: Generally (4) Best Prep is Old Exam Qs • Do some under exam conditions (esp. Q1/Q3) • Review in groups if possible • Read my comments (even if no time to do a particular Q) • Use model answers • to see organization/style I like • to see some possible ways to analyze • neither complete nor perfect

25. Exam Technique: Generally (5) Reality TV Challenges • Use Pre-Selected Components to Complete Assignment in Unrealistic Time Frame • Don’t Try to Make Qs Easier Than They Are • Do the Challenge • Specific Task Given (Not Cute Ways Around Key Q) • Specific Ingredients Given • Time Frame Given • If you are well-prepared, you’ll do fine

26. Exam Technique: Question ILawyering (Cowardly Lion)

27. Laura Lyon is the Chief Financial Officer of Industry Technologies, a business client of your law firm. Your boss has asked you to work with her on the two personal matters(labelled a and b) described below. I will weight your work regarding each matter roughly equally, so allot your time accordingly.

28. Question I: TASK • To Do List (to advise client) • Not arguments re result (Q v. R) • Make clear why things matter • through structure of answer OR • with brief explanation • Focus on This Client & Her Requests • Stick to legal topics raised by requests • Keep her legal position in mind (e.g., servient v. dominant estate for Easements)

29. Question I ORGANIZATION/FORMAT • All law/all fact often unsuccessful • For each part, might do intro with overview research • Then organize by major topics (e.g., elements) • Use headings/subheadings to show structure • Can use possible legal rules to guide fact research • Can use paragraphs or outline form or bullets (drawbacks to each) • Look at Old Models for Ideas

30. Question I Issues with Multiple Rules • Check which rule applies in your state • Then: “If state uses rule X, check [relevant facts]. If state uses rule Y…” • Cross-reference if overlap (“fact research for materiality same as above”)

31. Question I Factual Research • Looking for specifics, not simply reformulating legal tests as Qs • If not obvious from context, briefly explain why the facts matter • HFO: Indicate how you’d locate facts • interviews, records, ask client, internet • Check any documents you know of

32. Question I Practical Research • Where seems relevant, briefly ask re client priorities/interest in settlement • Can investigate whether compromise solutions are possible • Can investigate whether other parties might want to settle

33. Question I Preparing • Be aware of issues with multiple rules • Think about evidence necessary to prove claims • Look at old comments/models & write-ups of lawyering review problems • Do at least one under exam conditions

34. Questions on Question I?

35. EXAM TECHNIQUE: QUESTION II: Short (as munchkin children) Problems 2A: GOOD WITCH 2B: SCARECROW 2C: MUNCHKINS 2D: WIZARD

36. Question II • Four Problems; Choose any Three • Three are topics you’ve seen in short problems • One is new topics for short problem but we’ve covered in other types of Review Problems • One requires application of statute • Can do in any order, but mark clearly • 20 Minutes Each: Stick to Time!!!

37. Question II • Read Q Carefully & Respond to What’s Asked • Often limited in scope. E.g., • Apply particular case (e.g., Shack, Ray) • Discuss one element of Adverse Possession • Sometimes really asking “What should legal rule be for this issue?” (Mini-Q3) • Assume all facts there for a reason.

38. Question II • Problems Have No Clear Right Answer • If you read a problem and are absolutely sure which side wins, don’t choose that problem. • Find Best Arguments for Each Side (Look for Fights Not Winners) • Usually Unhelpful to Segregate Pro & Con Arguments • Eliminates possibility of dialogue • Leaves no room for intermediate positions

39. Question II • Attack Hard Qs/Identify Stronger Positions • Raise policy arguments that support one position more than the other • Compare the problem to a case or cases we studied • Explain why that one side’s position is likely to have more emotional appeal; or • Show how the result might turn on the resolution of an ambiguity in the facts.

40. Questions on Question II?

41. Exam Technique: Question IIIOpinion/Dissent (Tin Woodman)

42. Background TheJalynariasS.Ct. “has decided a series of important cases interpreting the state’s common law of Property to limit the reach of a landowner’s right to exclude. E.g., • In Garland v. Gale, the court adopted the key language, reasoning, and holding of State v. Shack. • In Minyard Mall v. Emerald City ACLU, relying entirely on its interpretation of the right to exclude (and not on the state 1stAmdt), the court held that large shopping malls could not exclude peaceable protestors.”

43. Background • TheJalynariasS.Ct. has decided cases limiting the reach of a landowner’s right to exclude. E.g., • In Garland v. Gale, the court adopted the key language, reasoning, and holding of State v. Shack. • In Minyard Mall v. Emerald City ACLU, the court held that large malls could not exclude peaceable protestors. • You are getting a Right to Exclude Q not involving MWs or speech rights. Can use info above, and particularly Shack, to make arguments about new situation. Can also discuss whether these decisions are sufficiently similar tyo be helpful,

44. Procedural Posture • P Haley Hynes files Declaratory Judgment action (with allegations) asking court to limit D Nick’s right to exclude in a particular context. • Trial Court Dismisses on the Pleadings, Saying No Explicit Jalynarias Precedent Supports HH’s Claim. • Appellate Court Majority Reverses and Adopts a Rule Limiting Right to Exclude; Dissent Would Not Put Any New Limits on Right to Exclude • JalynariasS.Ct. Granted Review to Decide Whether and How to Limit Right to Exclude in the Context

45. INSTRUCTIONS (1):Compose drafts of the analysis sections of both a majority opinion for the Court, and of a dissenting opinion, deciding this question.

46. Question III Compose drafts … • As with issue-spotter, can include headings, bullet points, abbr., etc. • Present concise versions of arguments, not rhetoric (don’t get carried away with role) • Don’t need fancy language, transitions, etc.

47. Question III … of the analysis sections … • Don’t’ Include • Introduction (Just “Affirmed” or “Reversed”) • Statement of facts • Procedural history • Separate history of the legal issue • Conclusion • Do make clear which side would win

48. Question III … of a majority opinion … and of a dissenting opinion … • Must be 2 separate opinions • I don’t care who wins! • Each opinion must provide a range of policy arguments supporting its rule. E.g., • Rule best furthers substantive policies in field • Rule best incorporates relevant considerations • Rule easier to Use/Administer

49. Question III … of a majority opinion … and of a dissenting opinion … • Each opinion should try to deal w other side’s best arguments. • OLD DF: FOUR SETS OF ARGUMENTS • Can use identical headings/subheadings to facilitate

50. Question III … of a majority opinion … and of a dissenting opinion … • Some flexibility in arranging arguments • Can put pro arguments in majority & con in dissent • Can do back and forth in long majority, then do very short dissent explaining different conclusion. • May be helpful to write simultaneously.