1 Gerry W. Beyer Governor Preston E. Smith Regents Professor of Law Texas Tech University School of Law

1. How to succeed on law school exams 2. Format of mid-term exam 3. Review of personal property 4. Break 5. Door prizes 6. Review of personal property (continued) 7. Practice exam essay question 8. Discussion of answer to practice question 2

1. Before – The preparation 2. During – The performance 3. After – The critique 3

 Be confidently prepared 4

 Start now 5

 Pay attention to my “hints” 6

 Prepare your own outline  No commercial outlines  No outlines from prior students 7

 Learn correct rules of law 8

 Use study time wisely 9

 Write essay answers under simulated exam conditions 10

 Write essay answers under simulated exam conditions  Study the topic  Obtain sample question  Set timer for allotted time  Write answer  Compare your answer with model answer 11

 Must practice 12

 Good night’s sleep – do not cram night before exam 13

 Arrive on time and at right location 14

 Make exam environment comfortable 15

 Bring time-keeping device 16

 Review entire exam  Determine types of questions  Determine point value of each 17

 Spend about one-third of allotted time reading the question and thinking about your answer 18

 Get facts correct 19

 Determine purpose of each word 20

 Watch for missing facts 21

 Determine what is being asked and answer that question 22

1. Spot issue(s) – use issue checklist 23

 Horizontal  Vertical (stacking)  Chronological  Threshold  Order of rights of the parties 24

2. Rule 25

 3. Analysis 26

 4. Conclusion  Therefore,.....  Consequently,.....  Accordingly,

 Think before you write 28

 Write neatly or use computer 29

 Follow professor’s instructions 30

 Write concisely and avoid ambiguity 31

 Avoid abbreviations unless obvious or explained 32 X

 Use good grammar  Select words with care 33

 Don’t make up law 34

 Explain fully 35

 Avoid treatise answer 36 X

 On my exams, no citations to cases or statutes are needed 37

 Budget your time carefully 38

 Avoid repeating yourself 39

 Avoid writing useless things  “I have no more time.”  “Rushed for time.”  “Out of time.” 40

 Avoid slang, swearing, jokes, etc. 41

 Label segments of your answer 42

 One main idea per paragraph 43 X

 Re-read all your answers  “The police are no where.” 44

 Do not discuss exam 45

 Do not worry 46

 Relax (or study for next exam) 47

 Subjects covered  Personal Property  Estates and Future Interests  Concurrent Ownership 48

 Closed book 49

 Types of Questions  50 Objective  2 Essay ▪ Personal property ▪ Estates & future interests, concurrent ownership 50

 Determine type of found property and appropriate rules. 51

 First occupant  If real property, more likely property owner.  If personal property, more likely finder. ▪ But if finder is employee, employer may have superior right. 52

 Lost property  Finder normally has rights superior to all but true owner.  But, if embedded in ground, may be treated as real property. 53

 Misplaced/Mislaid Property  Property owner (rather than finder) normally has superior right to possess. 54

 Abandoned property  First person to actually take property with intent to possess normally prevails. 55

 Treasure trove  At common law, finder prevailed.  Many states, including Texas, abandon this classification and treat as lost or mislaid. 56

 Determine type of bailment and apply applicable rules. 57

 Sole benefit of bailor = slight care  Sole benefit of bailee = great care  Mutual benefit or for hire = reasonable care (ordinary negligence standard)  Modern Trend = treat all under reasonable care standard 58

 BFP can prevail over true owner  Common Law ▪ Transferee paid value ▪ Transferee had no notice of true owner’s claim 59

 BFP can prevail over true owner  UCC ▪ True owner entrusts goods ▪ Bailee/seller is a merchant ▪ Bailee/seller deals in goods of the kind that were entrusted ▪ Purchaser is BIOCOB ▪ Good faith ▪ Without knowledge ▪ Pay value 60

 Who prevails between two non-true owners?  First?  Second? 61

 When can unauthorized possessor become true owner?  Adverse possession = running of time period  Statute of limitations for conversion = running of time period with application of discovery rule 62

 Basic rule = tracing  Change in identity (manufacturing) exception  Relative value exception 63

 1. Present donative intent  2. Delivery  Actual  Constructive  Symbolic  3. Acceptance 64

 Ascertain true nature of gift  Courtship (irrevocable)  Engagement (perhaps revocable)  Ascertain approach used in state  Fault ▪ Donor breaks engagement = irrevocable ▪ Donee breaks engagement = revocable ▪ Mutual breakup = revocable  No-Fault (revocable regardless of fault) 65

 In addition to regular gift elements, donor made in contemplation of impending or imminent death.  Approaches if donor survives peril:  Traditional = automatically revoked  Modern = failure of donor to revoke timely makes gift irrevocable 66

 Intestacy to heirs  Will to beneficiaries  Probate avoidance techniques 67

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