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 E.g., Mark in Midterm Charting Accuracy/Precision re Materials

CHARTING AS STUDY TOOL FACTOR MANNING MULLETT ALBERS MARKING/ FINDER’S KNOWLEDGE (FK) Parted Crest (Man-Made, Not Permanent; Other Bird has) Treated as Relevant Refers to Menagerie Animals/Organ Grinder Monkey; could mean FK Scarring (Likely permanent; probably not clearly man-made) likely permanent Not Treated as Relevant Holds: can be NL w/o being Nat’l Habitat; could be concern about FK, but not explicit Tattoo w #s in Ears (man-made; permanent; industry custom; i.d.s OO); F knew of industry & that fox likely from fox farm Treats both mark and FK as relevant F can’t take Seal in Millpond; Bear in City; looks like FK Has Blackstone language re mark only matters if AR

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

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

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

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

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)

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

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

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

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

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

Group Written Assignment #2: McKinley v Group Written Assignment #2: McKinley v. Ford The Case of the Wounded Wolverine

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.

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.

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. 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.

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. 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.

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

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

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

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

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

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

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