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.
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