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ELEMENTS D2 & D1 POWER POINT SLIDES

ELEMENTS D2 & D1 POWER POINT SLIDES. Class #22 Friday, October 20, 2017 National Brandied Fruit Day. THINKING ABOUT EXAMS. (1) FLUENCY (2) DOING THE CHALLENGE (3) REALISTIC EXPECTATIONS (4) PRESENTATION. THINKING ABOUT EXAMS: (1) FLUENCY. Thorough Knowledge of Materials

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ELEMENTS D2 & D1 POWER POINT SLIDES

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  1. ELEMENTS D2 & D1 POWER POINT SLIDES Class #22 Friday, October 20, 2017 National Brandied Fruit Day .

  2. THINKING ABOUT EXAMS (1) FLUENCY (2) DOING THE CHALLENGE (3) REALISTIC EXPECTATIONS (4) PRESENTATION

  3. THINKING ABOUT EXAMS:(1) FLUENCY • Thorough Knowledge of Materials • E.g., Mark in Midterm • Charting • Accuracy/Precision re Materials

  4. CHARTING AS STUDY TOOL

  5. THINKING ABOUT EXAMS:(1) FLUENCY • Thorough Knowledge of Materials • Accuracy/Precision re Materials • Common Problems on Past Midterms: Manning & AR; Mullett & Abandonment • Common Problem on GWA Arguments #1-2: 2d Prong of Shaw Test (Look at Slides) • Recurring Problem of Finder’s Labor in Escape Cases

  6. THINKING ABOUT EXAMS:(2) DOING THE CHALLENGE • Focus on the Most Contested Issues • Show Me Fights Not Winners • Easy Qs: Time./Distance (for F); O’s Labor/Investmt (for O) • Hard Qs: E.g., NL • Try to Provide Tie-Breaker Arguments • Use the Ingredients Provided

  7. THINKING ABOUT EXAMS:(2) DOING THE CHALLENGE • Focus on the Most Contested Issues • Show Me Fights Not Winners • Try to Provide Tie-Breaker Arguments • For Contesrted Issues (E.g., NL as fact-dependent) • Overall (E.g., Circus v. Fox-Farmjs) • Use the Ingredients Provided

  8. THINKING ABOUT EXAMS:(2) DOING THE CHALLENGE • Focus on the Most Contested Issues • Use the Ingredients Provided (E.g., Turnip) • Try to Make Use of All Facts (E.g., FK) • Work with Ambiguity/Unstated Facts (E.g., Pursuit) • Accuracy/Precision re Problem

  9. THINKING ABOUT EXAMS:(3) REALISTIC EXPECTATIONS • NOBODY GETS CLOSE TO EVERYTHING • Best Answers Usually = • 2-Sided Extended Discussion of 3-4 Issues • Tie-Breakers on one or more issues • Tie-Breakers Overall • Look at Posted Answers (Goals Not Models)

  10. THINKING ABOUT EXAMS:(4) PRESENTATION • Organization • Multiple Possibilities • Do One Thing at a Time • Make It Visible • Show Me Your Logic • Draft

  11. THINKING ABOUT EXAMS:(4) PRESENTATION • Organization • Show Me Your Logic • Lay Out All Steps • Provide Reasons (“Because …”) • Clear Writing • Draft

  12. THINKING ABOUT EXAMS:(4) PRESENTATION • Organization • Show Me Your Logic • Draft: As long as you’re clear … • Skip Formal Intros, Conclusions, Transitions • Headings (instead of topic sentences) • Abbreviations, Bullets, Telegraph English OK

  13. THINKING ABOUT EXAMS (1) FLUENCY (2) DOING THE CHALLENGE (3) REALISTIC EXPECTATIONS (4) PRESENTATION QUESTIONS?

  14. MIDTERM SELF-CRITIQUE (1) PRINT OUT FORM LATER TODAY (2) E-MAIL ME OR ASK BRYAN IF Qs re INSTRUCTIONS (3) FILL OUT BY NEXT FRIDAY @ 9:30 • Can submit in classroom between classes • Can give to Tina beforehand (or after BUT) (4) PENALTY FOR LATE SUBMISSION • Small but increasing over time • E-Mail Tina (NOT ME) if emergency & need to submit later

  15. Group Written Assignment #2:McKinley v. FordThe Case of the Wounded Wolverine

  16. HISTORIC PROBLEM: Ratione Soli & Assignment #2 • Ratione Soli: An unowned wild animal that enters privately owned land is considered the property of the landowner while it remains on the parcel. • No help to either party in Assignment #2.

  17. HISTORIC PROBLEM: Ratione Soli & Assignment #2 • Ratione Soli: An unowned wild animal that enters privately owned land is considered the property of the landowner while it remains on the parcel. • No help to either party in Assignment #2. • Trap-Owner must get stronger form of property rights while the animal is on his land, or he loses claim as soon as animal crosses property line.

  18. HISTORIC PROBLEM: Ratione Soli & Assignment #2 • Ratione Soli: An unownedwild animal that enters privately owned land is considered the property of the landowner while it remains on the parcel. • No help to either party in Assignment #2. • Killer cannot claim property rights via Ratione Soli if Trap-Owner owns the wolverine under the First Possession cases when the animal crosses property line. Killer must rely on Escape Cases instead.

  19. HISTORIC PROBLEM: Ratione Soli & Assignment #2 • Ratione Soli: An unownedwild animal that enters privately owned land is considered the property of the landowner while it remains on the parcel. • No help to either party in Assignment #2. • Killer, if Trap-Owner doesn’t owns the wolverine when the animal crosses property line, will be undisputed winner b/c she killed unowned animal anyway.

  20. HISTORIC PROBLEM: Ratione Soli & Assignment #2 • Ratione Soli: An unowned wild animal that enters privately owned land is considered the property of the landowner while it remains on the parcel. • No help to either party in Assignment #2. THINK ABOUT IT & E-MAIL ME IF QUESTIONS

  21. Group Written Assignment #2 QUESTIONS ? • Today (Other Than Ratione Soli) • In Class Next Mon-Tues, Next Friday • By E-Mail Until Sun 10/29 @ 11:59 pm

  22. FINAL EXAM QUESTIONS 1 & 2 • Single Fact Pattern for Both • Will Involve Type of Property Not Explicitly Covered in Course • Later Today: Five Initial Samples • 2016 (Gollums): First Possession & Custom • 2014 (Planets in Online Game): All Three • 2012 (Gesture Associated with Celebrity): Escape & Custom • 2007 (Uninhabited Island): First Possession & Custom • 1997 (Computer Program): All Three • We’ll Do in Parts in Class & DF and I’ll Post Best Answers as Completed

  23. FINAL EXAM QUESTIONS 1 & 2 • XQ1: “Assuming Animals Cases Apply, Discuss Who Should Get Property Rights?” • Basically Issue-Spotter Like Practice Midterm • Same Skills We’ve Been Working On • Same Close Knowledge of Cases Required • But Need to Be Creative Applying Doctrine • E.g., Whale Carcasses & Natural Liberty • E.g., Baseballs & Mortal Wounding • EXPLAIN YOUR METAPHORS

  24. FINAL EXAM QUESTIONS 1 & 2 • XQ1: “Assuming Animals Cases Apply, Discuss Who Should Get Property Rights?” • Your Q1 Will Have 3 Half-Hour Parts (Like 2014) • 1A = Custom • 1B = First POossession • 1C = Escape • In Q1, Must Take as Given: • Can be Property Rights in Commodity in Q • Animals Cases Can be Used • If You Don’t Like Fit, Discuss in Q2

  25. FINAL EXAM QUESTIONS 1 & 2 • XQ2: “Discuss Whether Animals Cases Are Good Tools to Use in New Scenario” • Testing Ability to Analyze When/Whether Analogy is Useful & Assess Value of Rules • Should Utilize Three Approaches We’ll Work With (EXTENSIVELY) in Unit Two (& Group Assignment #3) • E.g., Good rule to say if anchored whale returns to NL (floats free), should go to finder? • We’ll Introduce Techniques with Last 3 DQs after Bartlett Next Wed-Thurs

  26. 2007 1A: 1st Possession of A • 1100-1400: Ts travel to A by kayak 2-3x/yr to catch fish and gather fruit. On south end of A, Ts built round stone huts w roofs of woven palm fronds and clay. On some stones on outside of huts, Ts carved religious symbols. • 1400-1855: Ts sleep in huts when they visit A, replacing roofs as needed. • 1855, Ps built lighthouse on northern tip of A • 1855-1925 • P gov’t hires 1-2 people to live and run lighthouse; provides fuel and food supplies; keepers also eat fruit and fish from A. • Ts continue to visit A & stay in huts

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