1. Multiple Choice Exams Academic Success Program Professor Suzanne Schmitz Professor Alice Noble-Allgire

2. Donor was dying of cancer. She called her friend, Emily, to her house and, in the presence of two witnesses, pointed to a locked chest in the bedroom and said: "Emily, I want you to have my chest and the diamond jewelry inside it." Donor died a few hours later. At the time of Donor’s death, the chest was still in Donor’s bedroom and Emily had done nothing to try to retrieve the chest or its contents. Under traditional common law principles, the gifts are: A.Invalid because there was no delivery. B.Invalid because there was no acceptance. C.Valid because acceptance is presumed for gifts of value to the donee. D.Valid because gifts causa mortis do not require delivery or acceptance.

3. Where to start reading? Donor was dying of cancer. She called her friend, Emily, to her house and, in the presence of two witnesses, pointed to a locked chest in the bedroom and said: "Emily, I want you to have my chest and the diamond jewelry inside it." Donor died a few hours later. At the time of Donor’s death, the chest was still in Donor’s bedroom and Emily had done nothing to try to retrieve the chest or its contents. Under traditional common law principles, the gifts are:

4. Some students start with the stem or call of the question? How would this have helped? Donor was dying of cancer. …. At the time of Donor’s death, the chest was still in Donor’s bedroom and Emily had done nothing to try to retrieve the chest or its contents. Under traditional common law principles, the gifts are:

5. Use IRAC to analyze the question Donor was dying of cancer. She called her friend, Emily, to her house and, in the presence of two witnesses, pointed to a locked chest in the bedroom and said: "Emily, I want you to have my chest and the diamond jewelry inside it." Donor died a few hours later. At the time of Donor’s death, the chest was still in Donor’s bedroom and Emily had done nothing to try to retrieve the chest or its contents. Under traditional common law principles, the gifts are:

6. IRAC on M-C questions What is the issue? What is the rule of law about gifts? –List elements of rule in margin Apply each element to the facts given in the problem Reach a conclusion Now review the choices

7. One more time Donor was dying of cancer. She called her friend, Emily, to her house and, in the presence of two witnesses, pointed to a locked chest in the bedroom and said: "Emily, I want you to have my chest and the diamond jewelry inside it." Donor died a few hours later. At the time of Donor’s death, the chest was still in Donor’s bedroom and Emily had done nothing to try to retrieve the chest or its contents. Under traditional common law principles, the gifts are: A.Invalid because there was no delivery. B.Invalid because there was no acceptance. C.Valid because acceptance is presumed for gifts of value to the donee. D.Valid because gifts causa mortis do not require delivery or acceptance.

8. Sam Studious is a first-year law student. He signed a one- year lease, beginning August 1 and ending the following July 31, at the Westpoint Arms apartment complex. After he moved in, Sam discovered that the majority of tenants in the apartment complex were undergraduate students who held loud parties almost every night. Although Sam frequently called the police, the parties inevitably resumed a short time after the police left the scene. Sam wants to find another place to live. Which of the following statements correctly describes the landlord’s rights if Sam abandons the premises? A. The landlord may accept a surrender, which extinguishes Sam’s liability for future rent but may subject him (in some states) to damages for anticipatory breach. B. The landlord may accept a surrender and re-let the premises, collecting the full rent from both Sam and the new tenant. C. The landlord must mitigate damages by re-letting the premises, which would release Sam from any further liability. D. All of the above.

9. Again, try reading the call again. Who is the focus of the question? Sam Studious is a first-year law student. He signed a one-year lease, beginning August 1 and ending the following July 31, at the Westpoint Arms apartment complex. After he moved in, Sam discovered that the majority of tenants in the apartment complex were undergraduate students who held loud parties almost every night. Although Sam frequently called the police, the parties inevitably resumed a short time after the police left the scene. Sam wants to find another place to live. Which of the following statements correctly describes the landlord’s rights if Sam abandons the premises?

10. Note all the terms of art which you must know and be able to apply accurately and appropriately. A. The landlord may accept a surrender, which extinguishes Sam’s liability for future rent but may subject him (in some states) to damages for anticipatory breach. B. The landlord may accept a surrender and re-let the premises, collecting the full rent from both Sam and the new tenant. C. The landlord must mitigate damages by re-letting the premises, which would release Sam from any further liability. D. All of the above.

11. Lenny had a vacant cabin on some hunting property he owned. Lenny’s friend, Tom, was in the process of obtaining a divorce and needed a place to stay. On January 1, Lenny gave Tom the keys to the cabin and said: “Why don’t you stay at my cabin for a while?” Although Lenny did not ask for rent, Tom gave Lenny $300 at the beginning of every month. Lenny died on June 15. Lenny’s widow, who inherited Lenny’s entire estate, told Tom to vacate the property immediately. Under these facts, a court is most likely to find: A.That Tom does not have to vacate the premises because Lenny gave him a life estate, which lasts until Tom’s death. B.That Tom must vacate the premises immediately, because he had a tenancy at will. C.That Tom must vacate the premises by July 31, because he had a periodic tenancy. D.That Tom does not have to vacate the premises until his divorce is finalized.

12. Note – “because” and “until” – why are they important? A.That Tom does not have to vacate the premises because Lenny gave him a life estate, which lasts until Tom’s death. B.That Tom must vacate the premises immediately, because he had a tenancy at will. C.That Tom must vacate the premises by July 31, because he had a periodic tenancy. D.That Tom does not have to vacate the premises until his divorce is finalized.

13. What does the term “most likely” suggest? Under these facts, a court is most likely to find:

14. Questions 1 through 3 are based on the following fact pattern: When Eugene Bakringle died, he was the owner of one hundred acres of undeveloped land called Healthacre. His will devised Healthacre to his three children: Ada, Becky, and Corrine and their heirs as “joint tenants with right of survivorship.” All three of them lived in a distant state, but after Bakringle’s death, Ada moved onto Healthacre and began cultivating it. She grew grain and beans, realizing substantial profits from these farming activities almost immediately. 1.If Becky and Corrine file suit against Ada to recover for Ada’s exclusive use of the property, which of the following is the court likely to order? A.Ada owes Becky and Corrine rent plus 2/3 of the profits from the farm. B.Ada owes rent, but is not required to share profits from the farm. C.Ada owes Becky and Corrine 2/3 of the profits from the farm, but is not required to pay rent unless Ada ousted Becky and Corrine. D.Ada owes nothing to Becky and Corrine unless Ada ousted them.

15. Would it help to diagram this pattern? When Eugene Bakringle died, he was the owner of one hundred acres of undeveloped land called Healthacre. His will devised Healthacre to his three children: Ada, Becky, and Corrine and their heirs as “joint tenants with right of survivorship.” All three of them lived in a distant state, but after Bakringle’s death, Ada moved onto Healthacre and began cultivating it. She grew grain and beans, realizing substantial profits from these farming activities almost immediately. 1.If Becky and Corrine file suit against Ada to recover for Ada’s exclusive use of the property, which of the following is the court likely to order?

16. 2. Assume that Ada installed a swimming pool on the property over her sisters’ objections. Which of the following statements best describes Ada’s ability to recover from Becky and Corrine for the swimming pool? A.Ada can recover the costs of building the pool, but only in a contribution action. B.Ada can recover the costs of building the pool in an accounting, but only if she can prove that Becky and Corrine used the pool. C.Ada can recover the increased value, if any, that the pool has added to Healthacre, but only in an accounting. D.Ada cannot recover anything because Becky and Corrine objected to the pool.

17. Note: “but only,” “because” A.Ada can recover the costs of building the pool, but only in a contribution action. B.Ada can recover the costs of building the pool in an accounting, but only if she can prove that Becky and Corrine used the pool. C.Ada can recover the increased value, if any, that the pool has added to Healthacre, but only in an accounting. D.Ada cannot recover anything because Becky and Corrine objected to the pool.

18. Note assumption is true only for #2 2. Assume that Ada installed a swimming pool on the property over her sisters’ objections. Which of the following statements best describes Ada’s ability to recover from Becky and Corrine for the swimming pool?

19. 3.Assume that shortly after Bakringle’s death, Becky became ill and died. Assume further that Becky’s will devised her entire interest in Healthacre to her sister Corrine. Which of the following most correctly states the proportional interests that Ada and Corrine would hold as a result? A.Ada and Corrine would be tenants in common with equal interests in Healthacre. B.Ada and Corrine would be joint tenants with equal interests in Healthacre. C.Ada and Corrine would be tenants in common with Corrine holding a two-thirds interest and Ada holding a one-third interest in Healthacre. D.Ada and Corrine would be joint tenants, with Corrine holding a two-thirds interest and Ada holding a one-third interest in Healthacre.

20. Time to re-read the original fact pattern. Second assumption. 3.Assume that shortly after Bakringle’s death, Becky became ill and died. Assume further that Becky’s will devised her entire interest in Healthacre to her sister Corrine. Which of the following most correctly states the proportional interests that Ada and Corrine would hold as a result?

21. Would a diagram in the beginning help now? 3.Assume that shortly after Bakringle’s death, Becky became ill and died. Assume further that Becky’s will devised her entire interest in Healthacre to her sister Corrine. Which of the following most correctly states the proportional interests that Ada and Corrine would hold as a result?

22. Note: “most correctly” 3.Assume that shortly after Bakringle’s death, Becky became ill and died. Assume further that Becky’s will devised her entire interest in Healthacre to her sister Corrine. Which of the following most correctly states the proportional interests that Ada and Corrine would hold as a result?