Following are the exam instructions for the Property II final exam. Please note, you will have these for the exam, but I wanted to provide them early in case you want to read them first. You do not need to do anything with these. They are here just in case you'd like to take a look before the exam gets started.
INSTRUCTIONS FOR FINAL EXAMINATION
1. This is an open-book examination. You may use any non-electronic materials you wish to bring, and you may take the exam on a laptop if you have complied with the UND School of Law’s requirements. Thus, you must print and bring to the exam hard copy (paper) versions of anything you wish to access during the exam.
2. You will have two hours (120 minutes) to complete the entire examination, which consists of 10 multiple-choice questions to be answered on the provided Scantron form, 4 short-answer questions, and 1 two-part essay question, which are to be answered in a blue book or typed on a laptop using the approved software. The estimated time for each section is noted clearly in the exam. The time allocations correspond directly to the point allocations. Thus, although you may spend as much or as little time on each question as you wish, you should recognize that a 20-minute question is the functional equivalent of a 20-point question.
3. For the multiple-choice questions, please indicate your response clearly on the Scantron form. Specifying more than one option is automatically incorrect. If you have questions or concerns, pick the best answer, then explain briefly on your exam answer (in ExamSoft or your blue book and not on the Scantron) why you think there is more than one correct answer (or there are no correct answers) and move on. Please answer every question.
4. If you are using a laptop to answer the essay questions, you must log in to the program at the beginning of the exam period. (If you are handwriting the exam, you should not have your laptop in the exam room.) Please turn in the entire exam, including your scratch paper (with your exam #). Remember that the multiple-choice responses must be put on the Scantron to receive credit. This exam is double-sided; both sides matter!
5. Please use only your exam number -- do not use your name, student ID number, or Social Security Number on any exam materials.
6. This final exam is to be your work, and your work alone. University and UND School of Law policies apply, including, but not limited to the School of Law’s Academic Dishonesty and Misconduct Policy. By turning in this exam, you certify that the exam was completed by you, without the aid of any materials not expressly authorized.
7. Remember, this exam covers the material we discussed in class. Relax (as best you can) and use the information from our class materials and discussions to guide you to the correct answers. You are better served answering every essay question, with a little less information than you would prefer, than you would be writing beyond the allotted time and failing to answer an entire question. If you see any problems or inconsistencies with any of the questions, note them briefly, explain any assumptions (consistent with the given facts), and move on. You’ve worked hard. Try to stay focused on the exam, and share what you know.
Thursday, May 7, 2009
Saturday, May 2, 2009
Exam Q & A
Following are responses to questions asked by some of your peers. To ensure equitable access to information, I will post questions and my responses for those issues I think are of interest to all.
Q: Is it safe to say that if the parcels of land are not touching, they are automatically In Gross Easements? And then if the parcels are touching, the easement can be either In Gross or Appurtenant.
A: Not quite. In Gross easements are those that are attached to the holder, not the land; proximity alone is not the test. That is, for In Gross Easements, the servient land is burdened, but there is no dominant land. So, it is possible to have an easement Appurtenant with dominant land that does not touch the servient land. Imagine land in a development that provides every parcel of land in that development an easement to cross a parcel of land leading to a beach. The benefit attaches to dominant land perhaps 3 blocks away, but guarantees the owner of that parcel access to the beach via the servient land. When parcels are touching, certainly you are correct, the easement can be either In Gross or Appurtenant, depending on whether the easement is attached to a dominant parcel of land or the holder.
Q: Is an equitable servitude the same thing as a covenant?
An equitable servitude is similar to a covenant. Both are a promise related to the land that binds the original parties and their successors, heirs, and assigns. The difference is that a party enforcing an equitable servitude will seek an injunction rather than damages. Thus, they differ in the relief sought, but are otherwise essentially similar.
Q: Am I correct that the exam will consist of multiple choice, short answer, and ONE essay?
A: That is correct. The exam will include multiple choice, short answer, and one essay question. Note, though, that the essay question may have multiple parts (that is, a couple questions related to the fact pattern). This is because I usually try to provide a little guidance as to what I am asking. Some professors might ask one question. For example, What are the possible claims and the likely results of those claims for each of the parties? I will usually break it out to ask more specifically. For example, (a) What are the claims related to Whiteacre? (b) What are the possible problems related to Jim's claim?
Q: Is it safe to say that if the parcels of land are not touching, they are automatically In Gross Easements? And then if the parcels are touching, the easement can be either In Gross or Appurtenant.
A: Not quite. In Gross easements are those that are attached to the holder, not the land; proximity alone is not the test. That is, for In Gross Easements, the servient land is burdened, but there is no dominant land. So, it is possible to have an easement Appurtenant with dominant land that does not touch the servient land. Imagine land in a development that provides every parcel of land in that development an easement to cross a parcel of land leading to a beach. The benefit attaches to dominant land perhaps 3 blocks away, but guarantees the owner of that parcel access to the beach via the servient land. When parcels are touching, certainly you are correct, the easement can be either In Gross or Appurtenant, depending on whether the easement is attached to a dominant parcel of land or the holder.
Q: Is an equitable servitude the same thing as a covenant?
An equitable servitude is similar to a covenant. Both are a promise related to the land that binds the original parties and their successors, heirs, and assigns. The difference is that a party enforcing an equitable servitude will seek an injunction rather than damages. Thus, they differ in the relief sought, but are otherwise essentially similar.
Q: Am I correct that the exam will consist of multiple choice, short answer, and ONE essay?
A: That is correct. The exam will include multiple choice, short answer, and one essay question. Note, though, that the essay question may have multiple parts (that is, a couple questions related to the fact pattern). This is because I usually try to provide a little guidance as to what I am asking. Some professors might ask one question. For example, What are the possible claims and the likely results of those claims for each of the parties? I will usually break it out to ask more specifically. For example, (a) What are the claims related to Whiteacre? (b) What are the possible problems related to Jim's claim?
Updated Sample Exam Answer
The exam answer for the 2004 sample exam did not match the exam question. I apologize for the confusion. The link should now be correct (be sure to refresh your browswer, just in case).
Again, sorry for the mix-up, and please let me know if you have any questions or difficulty getting the right sample.
Again, sorry for the mix-up, and please let me know if you have any questions or difficulty getting the right sample.
Tuesday, April 28, 2009
Property Example Exam Questions
I promised to make available a couple sample exam essay questions to help give you an idea what mine might look like. Also, in case you are curious, the CALI exercises are a pretty good example of what the short answer and multiple choice portions of my exam will look like.
As discussed in class, the sample questions and answers listed below may be broader than what we covered. For example:
Property I 2004
Property I 2004 Best Answer
Property II 2007
Property II 2007 Best Answer
The above exams are from Widener Law Professor Alicia Kelly.
These are examples only, and please try not to get too overwhelmed. If you have questions about these samples or other exam questions, you can e-mail me, post a comment to this blog, or stop by my office hours. You can also stop by or contact me to find another time.
Also, as noted in class, I will stop answering substantive questions at 5 p.m. on Tuesday, May 5, 2009. This will give me ample time to address questions (if any) raised before the exam and post my response on this blog.
As discussed in class, the sample questions and answers listed below may be broader than what we covered. For example:
In the 2004 sample exam, Essay I (only) is a good example. In the model answer for Essay I, consider only the "License v. Lease and Constructive Eviction" section.
In the 2007 sample exam, the "best answer" notes that "marketable title" is required. This issue is not actually raised by the facts as presented in the question, either, but the student notes it. We did not talk about that in this context, so I would not want or expect that as part of the answer on my exam.
Property I 2004
Property I 2004 Best Answer
Property II 2007
Property II 2007 Best Answer
The above exams are from Widener Law Professor Alicia Kelly.
These are examples only, and please try not to get too overwhelmed. If you have questions about these samples or other exam questions, you can e-mail me, post a comment to this blog, or stop by my office hours. You can also stop by or contact me to find another time.
Also, as noted in class, I will stop answering substantive questions at 5 p.m. on Tuesday, May 5, 2009. This will give me ample time to address questions (if any) raised before the exam and post my response on this blog.
Tuesday, April 21, 2009
As Requested: Optional CALI Exercises
A few people have asked for additional exercises to help prepare for the exam. If you would like some additional areas to review, you might consider doing the CALI exercises listed below. I recommend studying your class notes first, then consider additional information sources, like CALI exercises, if you feel like you want or need more information.
Again, to be clear, I'm not suggesting that you should do any or all of these, but if you are looking for some exercises that might be helpful, I think these are especially relevant:
Easements Appurtenant and in Gross
Easements Defined
Covenants, Equitable Servitudes and Restrictions 1: Creation
Covenants, Equitable Servitudes and Restrictions 2: Determining the Validity and Scope
These also might be of interest if you want a little more information, but again, these are simply options for additional information and/or clarification:
Covenants, Equitable Servitudes and Restrictions 3: Who Has the Right to Enforce Covenants and Equitable Servitudes?
Covenants, Equitable Servitudes and Restrictions 4: Against Whom May One Enforce the Promise?
Covenants, Equitable Servitudes and Restrictions 5: Defenses to Enforcement
Implied Easements of Necessity
Prescriptive Easements
Again, to be clear, I'm not suggesting that you should do any or all of these, but if you are looking for some exercises that might be helpful, I think these are especially relevant:
Easements Appurtenant and in Gross
Easements Defined
Covenants, Equitable Servitudes and Restrictions 1: Creation
Covenants, Equitable Servitudes and Restrictions 2: Determining the Validity and Scope
These also might be of interest if you want a little more information, but again, these are simply options for additional information and/or clarification:
Covenants, Equitable Servitudes and Restrictions 3: Who Has the Right to Enforce Covenants and Equitable Servitudes?
Covenants, Equitable Servitudes and Restrictions 4: Against Whom May One Enforce the Promise?
Covenants, Equitable Servitudes and Restrictions 5: Defenses to Enforcement
Implied Easements of Necessity
Prescriptive Easements
Wednesday, April 15, 2009
Just Something to Think About
This is not really on track with what we've covered this semester, so this is merely for your consideration (i.e., not exam material) but it is property related. Check out this blog post comparing immigration and adverse possession if you have a second, and try to think about the distinctions. Is one wrong -- both -- neither?
Final Exam Policy
The following is to clarify my exam policy with regard to materials allowed during the exam. This clarification is to make clear that the policy to be enforced is consistent with that stated at the outset of the course, which is stated below. Please note, because this is a 2-credit-hour course, the exam will be a 2-hour exam. Some prior versions of the syllabus indicated a 3-hour exam, which is incorrect. I apologize for any confusion.
This exam is subject to the School of Law’s Examination Rescheduling Policy. The exam will be a 2-hour exam, which may include a combination of multiple choice, short answer and/or essay-style questions based upon the course materials. The exam will be open book. Specifically, you may bring your text and you will be able to use printed (not electronic) copies of your notes or outline. No outside sources, such as commercial outlines or treatises are permitted. You may work together to create outlines if you wish, but each person must have their own hard copy for use during the exam. Exams can be handwritten or taken on a computer, if the School of Law offers the option. The examination will make up 100% of the final grade.
Wednesday, April 8, 2009
Remaining Reading Assignments and Class Schedule
Wednesday, April 8, 2009: Please read pages 669-95.
Monday, April 13, 2009: No Classes.
Wednesday, April 15, 2009: Please read pages 777-80, 795-802, 825-31.
Monday, April 20, 2009: Please read pages 996-99, 1059-64. (This is our final class meeting; I will also provide a brief review and exam overview.)
Wednesday, April 22, 2009: Class canceled.
Monday, April 13, 2009: No Classes.
Wednesday, April 15, 2009: Please read pages 777-80, 795-802, 825-31.
Monday, April 20, 2009: Please read pages 996-99, 1059-64. (This is our final class meeting; I will also provide a brief review and exam overview.)
Wednesday, April 22, 2009: Class canceled.
Monday, April 6, 2009
Wednesday, April 1, 2009
CALI Clarification -- Deadline Is End of Semester
The CALI exercises were not intended to be work for today's class. Rather, they are in lieu of make-up classes. Thus, I ask that you complete the requested number of exercises before the end of the semester, not for today.
I apologize if there was any confusion. This was intended to make your scheduling and workload a little more manageable, not more stressful.
I apologize if there was any confusion. This was intended to make your scheduling and workload a little more manageable, not more stressful.
Tuesday, March 31, 2009
Required CALI Lessons
With the two classes missed this past week (one for the flood and one for snow), plus a course I will need to cancel on April 22, we need to make up some course instruction to stay in compliance with ABA requirements (and, just as important, cover what we need to this semester). I know that recent events have been hard on everyone, and rescheduling classes will be difficult, especially in light of cancellations in all your courses.
Rather than scheduling make-up classes, I have decided to provide CALI lessons to fulfill some of that instruction. I will provide a list of several possible lessons, and you can choose from among the lessons in the areas you most wish to review. This gives you the option to focus on areas of your choice and allows you the flexibility to complete the lessons at a time that best fits your busy schedule.
The first lesson (below) is an introduction to real estate transactions, an area I'd like to cover in class, but will not because of recent events. Thus, I recommend strongly that you complete Lesson 1 below. The remaining lessons provide a review of items we have discussed in class. The first group of options are listed below; I may add additional lessons as we proceed.
We will discuss this further in class tomorrow, and (to the extent you can) please bring any questions or concerns you have to class tomorrow.
Following are links to the initial list of CALI lesson options. You must complete at least 4 of them.
(1) Financing Real Estate Transactions: A Basic Introduction
(2) Landlord and Tenant: An Introductory Lesson
(3) Landlord and Tenant: Constructive Eviction
(4) Landlord and Tenant: Delivery of Possession and Title Covenants
(5) Landlord and Tenant: Periodic Tenancy
(6) Landlord and Tenant: Quiet Enjoyment
(7) Landlord and Tenant: Statute of Frauds
(8) Landlord and Tenant: Tenancy at Sufferance (Holdover Tenants)
(9) Landlord and Tenant: Tenancy at Will
(10) Landlord and Tenant: Tenancy for Years
Rather than scheduling make-up classes, I have decided to provide CALI lessons to fulfill some of that instruction. I will provide a list of several possible lessons, and you can choose from among the lessons in the areas you most wish to review. This gives you the option to focus on areas of your choice and allows you the flexibility to complete the lessons at a time that best fits your busy schedule.
The first lesson (below) is an introduction to real estate transactions, an area I'd like to cover in class, but will not because of recent events. Thus, I recommend strongly that you complete Lesson 1 below. The remaining lessons provide a review of items we have discussed in class. The first group of options are listed below; I may add additional lessons as we proceed.
We will discuss this further in class tomorrow, and (to the extent you can) please bring any questions or concerns you have to class tomorrow.
Following are links to the initial list of CALI lesson options. You must complete at least 4 of them.
(1) Financing Real Estate Transactions: A Basic Introduction
(2) Landlord and Tenant: An Introductory Lesson
(3) Landlord and Tenant: Constructive Eviction
(4) Landlord and Tenant: Delivery of Possession and Title Covenants
(5) Landlord and Tenant: Periodic Tenancy
(6) Landlord and Tenant: Quiet Enjoyment
(7) Landlord and Tenant: Statute of Frauds
(8) Landlord and Tenant: Tenancy at Sufferance (Holdover Tenants)
(9) Landlord and Tenant: Tenancy at Will
(10) Landlord and Tenant: Tenancy for Years
Monday, March 23, 2009
Wednesday, March 11, 2009
Reading for Monday, March 23, 2009
Please read pages 628-38: Covenants Running with the Land.
Note that on March 16 & 18, 2009, no classes will be held because of Spring Break.
Have a safe and fun Spring Break.
Note that on March 16 & 18, 2009, no classes will be held because of Spring Break.
Have a safe and fun Spring Break.
Monday, March 9, 2009
Wednesday, March 4, 2009
Tuesday, March 3, 2009
Monday, March 2, 2009
Wednesday, February 25, 2009
Wednesday, February 11, 2009
Reading for Monday, February 23, 2009
Note that we do not meet next week. Monday is a holiday, and Wednesday's class is canceled.
The next reading assignment is pages 536-50.
The next reading assignment is pages 536-50.
Monday, February 9, 2009
North Dakota Laws: Leasing of Real Property
For your reference: Here is the link to download North Dakota's real property leasing laws, which we discussed in class last Wednesday and will discuss again today.
Friday, February 6, 2009
Wednesday, February 4, 2009
More on Landlord-Tenant Relations
A couple of your classmates forwarded some additional articles of possible interest.
First, in this one, a landlord removes a toilet to facilitate an eviction. Again, think about how the law has progressed and why. Why did this outrageous action not prompt the family to move? Why do you think the landlord was so interested getting the family out?
Second, New York seems to be considering a move back toward some pro-tenant policies. As noted in an earlier post, New York's laws have evolved significantly over the years. That evolution continues . . .
First, in this one, a landlord removes a toilet to facilitate an eviction. Again, think about how the law has progressed and why. Why did this outrageous action not prompt the family to move? Why do you think the landlord was so interested getting the family out?
Second, New York seems to be considering a move back toward some pro-tenant policies. As noted in an earlier post, New York's laws have evolved significantly over the years. That evolution continues . . .
Monday, February 2, 2009
Follow-up Regarding Rental Damages
Some questions and comments from a classmate:
I found a couple of timely articles on ND law and interests that I thought were interesting as to who is responsible in landlord-tenant relationships.
In regard to the first article, are you aware if any other states make it a misdemeanor for a tenant to leave 'x' amount of damage to a rental property?
In regard to another article, I believe it is very much in line with the notion that lease, or rental, agreements are drafted by landlords, thus they are more tailored to suit the landlords needs. Do you know if other states have organizations in place to help protect tenants? From this article, it appears that landlords have better resources, relative to tenants, in order to protect their resources?
I thought these were both quite interesting with regard to ND law and our recent discussion of landlord-tenant relations in class. If you do know how, or if, other states have implemented such policy, or an agency for tenants, respective to the articles, I would be interested to know where ND stands.
Professor's Response:
First, thanks for sharing your thoughts. This is a great start for further discussion. There are other states with laws like the proposed North Dakota law making some tenant damages criminal. Connecticut, for example, has a law that makes intentional damage of more than $1,500.00 to a landlord's property a minor felony; it is a serious misdemeanor if between $250.00 and $1,500.00. There are probably other similar laws out there, as well.
The landlord-tenant law in North Dakota is generally considered on the pro-landlord side of things, although as the articles discuss, landlords do not always have an easy situation. That is true in many places around the country, although (as we'll discuss) there are areas that have adjusted to become much more pro-tenant. New York City has been through the cycle -- it started pro-landlord, became very pro-tenant, and is shifting back to a more pro-landlord area.
Washington, D.C., remains more pro-tenant than many jurisdictions, although there are still several problems in the city. Usually pro-tenant laws come about because of egregious behavior by landlords such that the public demands change. There are some pro-tenant groups out there, but they are usually very underfunded and able to serve far less people than need help. We'll talk about this in class more as we progress into the cases in the residential setting.
I found a couple of timely articles on ND law and interests that I thought were interesting as to who is responsible in landlord-tenant relationships.
In regard to the first article, are you aware if any other states make it a misdemeanor for a tenant to leave 'x' amount of damage to a rental property?
In regard to another article, I believe it is very much in line with the notion that lease, or rental, agreements are drafted by landlords, thus they are more tailored to suit the landlords needs. Do you know if other states have organizations in place to help protect tenants? From this article, it appears that landlords have better resources, relative to tenants, in order to protect their resources?
I thought these were both quite interesting with regard to ND law and our recent discussion of landlord-tenant relations in class. If you do know how, or if, other states have implemented such policy, or an agency for tenants, respective to the articles, I would be interested to know where ND stands.
Professor's Response:
First, thanks for sharing your thoughts. This is a great start for further discussion. There are other states with laws like the proposed North Dakota law making some tenant damages criminal. Connecticut, for example, has a law that makes intentional damage of more than $1,500.00 to a landlord's property a minor felony; it is a serious misdemeanor if between $250.00 and $1,500.00. There are probably other similar laws out there, as well.
The landlord-tenant law in North Dakota is generally considered on the pro-landlord side of things, although as the articles discuss, landlords do not always have an easy situation. That is true in many places around the country, although (as we'll discuss) there are areas that have adjusted to become much more pro-tenant. New York City has been through the cycle -- it started pro-landlord, became very pro-tenant, and is shifting back to a more pro-landlord area.
Washington, D.C., remains more pro-tenant than many jurisdictions, although there are still several problems in the city. Usually pro-tenant laws come about because of egregious behavior by landlords such that the public demands change. There are some pro-tenant groups out there, but they are usually very underfunded and able to serve far less people than need help. We'll talk about this in class more as we progress into the cases in the residential setting.
Tuesday, January 27, 2009
Reading for Wednesday, January 28, 2009
Please read pages 474-89, as noted in class.
Update: Apologies for the delay in posting. Technical difficulties caused a bit of an issue.
Update: Apologies for the delay in posting. Technical difficulties caused a bit of an issue.
Wednesday, January 21, 2009
Reading for Monday, January 26, 2009
Please read pages 466-74 in your text for class on Monday, January 26, 2009.
Friday, January 16, 2009
Tuesday, January 13, 2009
Assignment for Wednesday, January 14, 2009
Please read pages 438-51. And remember, language matters in the law (and elsewhere):
Sunday, January 11, 2009
Course Expectations -- Spring 2009
An overview syllabus, including course rules and information are available: please click here. The course assignments will be provided in class and on this blog in the early part of the class. I may provide a more detailed list of assignments once I get a sense of the pace of the class.
Friday, January 9, 2009
Update: Assignment Change
I apologize for the confusion -- I misunderstood what was covered last semester and assigned a section already covered. It was not my plan to revisit what you have covered, so following is the revised assignment for Monday, January 12, 2009:
Please read pages 428-38 in the Landlord and Tenant chapter.
Again, sorry for any confusion, and I'll see you Monday.
Please read pages 428-38 in the Landlord and Tenant chapter.
Again, sorry for any confusion, and I'll see you Monday.
Subscribe to:
Comments (Atom)
