Siegel's Property: Essay and Multiple-Choice Questions and Answers PDF
Preview Siegel's Property: Essay and Multiple-Choice Questions and Answers
Siegel’s PROPERTY Essay and Multiple-Choice Questions and Answers Fifth Edition BRIAN N. SIEGEL J.D., Columbia Law School LAZAR EMANUEL J.D., Harvard Law School Revised by Rhonda Reaves Professor of Law Florida A&M University College of Law Copyright © 2014 CCH Incorporated. Published by Wolters Kluwer Law & Business in New York. Wolters Kluwer Law & Business serves customers worldwide with CCH, Aspen Publishers, and Kluwer Law International products. (www.wolterskluwerlb.com) No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or utilized by any information storage or retrieval system, without written permission from the publisher. For information about permissions or to request permissions online, visit us at www.wolterskluwerlb.com, or a written request may be faxed to our permissions department at 212-771-0803. To contact Customer Service, e-mail [email protected], call 1-800-234-1660, fax 1- 800-901-9075, or mail correspondence to: Wolters Kluwer Law & Business Attn: Order Department PO Box 990 Frederick, MD 21705 eISBN: 978-1-4548-4699-4 About Wolters Kluwer Law & Business Wolters Kluwer Law & Business is a leading global provider of intelligent information and digital solutions for legal and business professionals in key specialty areas, and respected educational resources for professors and law students. Wolters Kluwer Law & Business connects legal and business professionals as well as those in the education market with timely, specialized authoritative content and information-enabled solutions to support success through productivity, accuracy and mobility. Serving customers worldwide, Wolters Kluwer Law & Business products include those under the Aspen Publishers, CCH, Kluwer Law International, Loislaw, ftwilliam.com and MediRegs family of products. 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MediRegs products provide integrated health care compliance content and software solutions for professionals in healthcare, higher education and life sciences, including professionals in accounting, law and consulting. Wolters Kluwer Law & Business, a division of Wolters Kluwer, is headquartered in New York. Wolters Kluwer is a market-leading global information services company focused on professionals. Introduction Although law school grades are a significant factor in obtaining a summer internship or entry position at a law firm, no formalized preparation for finals is offered at most law schools. For the most part, students are expected to fend for themselves in learning how to take a law school exam. Ironically, law school exams may bear little correspondence to the teaching methods used by professors during the school year. At least in the first year, professors require you to spend most of your time briefing cases. This is probably not great preparation for issue-spotting on exams. In briefing cases, you are made to focus on one or two principles of law at a time; thus, you don’t get practice in relating one issue to another or in developing a picture of an entire problem or the entire course. When exams finally come, you’re forced to make an abrupt 180-degree turn. Suddenly, you are asked to recognize, define, and discuss a variety of issues buried within a single multi-issue fact pattern. Alternatively, you may be asked to select among a number of possible answers, all of which look inviting but only one of which is right. The comprehensive course outline you’ve created so diligently, and with such pain, means little if you’re unable to apply its contents on your final exams. There is a vast difference between reading opinions in which the legal principles are clearly stated and applying those same principles to hypothetical essay exams and multiple-choice questions. The purpose of this book is to help you bridge the gap between memorizing a rule of law and understanding how to use it in an exam. After an initial overview describing the exam-writing process, you see a large number of hypotheticals that test your ability to write analytical essays and to pick the right answers to multiple-choice questions. Read them—all of them! Then review the suggested answers that follow. You’ll find that the key to superior grades lies in applying your knowledge through questions and answers, not through rote memory. GOOD LUCK! Table of Contents Preparing Effectively for Essay Examinations The “ERC” Process Issue-Spotting How to Discuss an Issue Structuring Your Answer Discuss All Possible Issues Delineate the Transition from One Issue to the Next Understanding the “Call” of a Question The Importance of Analyzing the Question Carefully Before Writing When to Make an Assumption Case Names How to Handle Time Pressures Formatting Your Answer The Importance of Reviewing Prior Exams As Always, a Caveat Essay Questions Question 1 (Rule Against Perpetuities, Easements, Fee Simple Interests) Question 2 (Co-Tenancies, Equitable Servitudes) Question 3 (Fee Simple Interests, Co-Tenancies, Fixtures) Question 4 (Co-Tenancy Rights and Disputes) Question 5 (Landlord-Tenant) Question 6 (Landlord-Tenant) Question 7 (Sales Contracts, Landlord-Tenant) Question 8 (Equitable Servitudes, Zoning) Question 9 (Adverse Possession, Easements, Fee Simple Interests) Question 10 (Equitable Servitudes, Reciprocal Covenants, Nuisance) Question 11 (Statute of Frauds, Equitable Servitudes, Easements) Question 12 (Equitable Servitudes, Reciprocal Covenants, Nuisance, Zoning, Easements) Question 13 (Recording Statutes, Zoning) Question 14 (Adverse Possession, Oil and Water Rights) Question 15 (Recording Statutes) Question 16 (Sales Contracts, Statute of Frauds, Adverse Possession, Risk of Loss) Question 17 (Estoppel by Deed, Recording Statutes, Adverse Possession) Question 18 (Conveyance by Deed, Co-Tenancies, Adverse Possession) Question 19 (Conveyance by Deed, Recording Statutes) Question 20 (Conveyance by Deed, Escrow) Question 21 (Conveyance by Deed, Adverse Possession, Landlord-Tenant) Question 22 (Sales Contracts, Recording Statutes, Mortgages) Question 23 (Eminent Domain, Finders, Restraints on Alienation) Question 24 (Trespass, Nuisance, Adverse Possession, Easement) Question 25 (Easement) Question 26 (Eminent Domain) Question 27 (Rule Against Perpetuities, Easement, Fee Simple Interests) Question 28 (Finder, Lost Property, Mislaid Property, Abandoned Property) Question 29 (Conveyance by Deed, Rule Against Perpetuities, Recording Acts, Restrictive Covenants, Restraint on Alienation) Essay Answers Answer to Question 1 Answer to Question 2 Answer to Question 3 Answer to Question 4 Answer to Question 5 Answer to Question 6 Answer to Question 7 Answer to Question 8 Answer to Question 9 Answer to Question 10 Answer to Question 11 Answer to Question 12 Answer to Question 13 Answer to Question 14 Answer to Question 15 Answer to Question 16 Answer to Question 17 Answer to Question 18 Answer to Question 19 Answer to Question 20 Answer to Question 21 Answer to Question 22 Answer to Question 23 Answer to Question 24 Answer to Question 25 Answer to Question 26 Answer to Question 27 Answer to Question 28 Answer to Question 29 Multiple-Choice Questions Questions 1 through 119 Multiple-Choice Answers Answers to Questions 1 through 119 Index Alphabetical index, listing issues by the number of the question raising the issue
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