1. ELEMENTS D2 & D1 POWER POINT SLIDES
Class #22 Friday, October 20, 2017 National Brandied Fruit Day .

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

3. THINKING ABOUT EXAMS: (1) FLUENCY
Thorough Knowledge of Materials
E.g., Mark in Midterm
Charting
Accuracy/Precision re Materials

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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)

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

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

12. 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

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

14. MIDTERM SELF-CRITIQUE
(1) PRINT OUT FORM LATER TODAY
(2) ME OR ASK BRYAN IF Qs re INSTRUCTIONS
(3) FILL OUT BY NEXT 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
Tina (NOT ME) if emergency & need to submit later

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

16. 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.

17. 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.

18. 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.

19. 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.

20. 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 & ME IF QUESTIONS

21. Group Written Assignment #2
QUESTIONS ?
Today (Other Than Ratione Soli)
In Class Next Mon-Tues, Next Friday
By Until Sun 11:59 pm

22. 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

23. 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

24. 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

25. 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

26. 2007 1A: 1st Possession of A
: 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.
: Ts sleep in huts when they visit A, replacing roofs as needed.
1855, Ps built lighthouse on northern tip of A
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