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

2. 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

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

4.  Be confidently prepared 4

5.  Start now 5

6.  Pay attention to my “hints” 6

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

8.  Learn correct rules of law 8

9.  Use study time wisely 9

10.  Write essay answers under simulated exam conditions 10

11.  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

12.  Must practice 12

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

14.  Arrive on time and at right location 14

15.  Make exam environment comfortable 15

16.  Bring time-keeping device 16

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

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

19.  Get facts correct 19

20.  Determine purpose of each word 20

21.  Watch for missing facts 21

22.  Determine what is being asked and answer that question 22

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

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

25. 2. Rule 25

26.  3. Analysis 26

27.  4. Conclusion  Therefore,.....  Consequently,.....  Accordingly,.... 27

28.  Think before you write 28

29.  Write neatly or use computer 29

30.  Follow professor’s instructions 30

31.  Write concisely and avoid ambiguity 31

32.  Avoid abbreviations unless obvious or explained 32 X

33.  Use good grammar  Select words with care 33

34.  Don’t make up law 34

35.  Explain fully 35

36.  Avoid treatise answer 36 X

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

38.  Budget your time carefully 38

39.  Avoid repeating yourself 39

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

41.  Avoid slang, swearing, jokes, etc. 41

42.  Label segments of your answer 42

43.  One main idea per paragraph 43 X

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

45.  Do not discuss exam 45

46.  Do not worry 46

47.  Relax (or study for next exam) 47

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

49.  Closed book 49

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

51.  Determine type of found property and appropriate rules. 51

52.  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

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

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

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

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

57.  Determine type of bailment and apply applicable rules. 57

58.  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

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

60.  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

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

62.  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

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

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

65.  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

66.  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

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

68. 68 http://timer.onlineclock.net/

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