Gerry W. Beyer
Governor Preston E. Smith Regents Professor of Law
Texas Tech University School of Law
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How to succeed on law school exams
Format of mid-term exam
Review of personal property
Break
Door prizes
Review of personal property (continued)
Practice exam essay question
Discussion of answer to practice question
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1.
Before – The preparation
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During – The performance
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After – The critique
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Be confidently prepared
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Start now
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Pay attention to my “hints”
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Prepare your own outline
 No commercial outlines
 No outlines from
prior students
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Learn correct rules of law
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Use study time wisely
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Write essay answers under simulated exam
conditions
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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
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Must practice
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Good night’s sleep – do not cram night
before exam
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Arrive on time and at right location
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Make exam environment comfortable
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Bring time-keeping device
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Review entire exam
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Determine types
of questions
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Determine point
value of each
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Spend about one-third of allotted time
reading the question and thinking about
your answer
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Get facts correct
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Determine purpose of each word
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Watch for missing facts
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Determine what is being asked and answer
that question
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1. Spot issue(s) – use issue checklist
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Horizontal
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Vertical (stacking)
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Chronological
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Threshold
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Order of rights of the parties
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2. Rule
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3. Analysis
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4. Conclusion
 Therefore, . . . . .
 Consequently, . . . . .
 Accordingly, . . . .
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Think before you write
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Write neatly or use computer
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Follow professor’s instructions
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Write concisely and avoid ambiguity
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Avoid abbreviations unless obvious or
explained
X
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Use good grammar
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Select words with
care
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Don’t make up law
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Explain fully
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Avoid treatise answer
X
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On my exams, no citations to cases or
statutes are needed
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Budget your time carefully
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Avoid repeating yourself
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Avoid writing useless things
 “I have no more time.”
 “Rushed for time.”
 “Out of time.”
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Avoid slang, swearing, jokes, etc.
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Label segments of your answer
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One main idea per paragraph
X
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Re-read all your answers
 “The police are no where.”
 “The police are now here.”
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Do not discuss exam
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Do not worry
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Relax (or study for next exam)
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Subjects covered
 Personal Property
 Estates and Future Interests
 Concurrent Ownership
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Closed book
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Types of Questions
 50 Objective
 2 Essay
▪ Personal property
▪ Estates & future interests, concurrent ownership
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Determine type of found property and
appropriate rules.
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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.
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Lost property
 Finder normally has rights superior to all but
true owner.
 But, if embedded in ground, may be treated as
real property.
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Misplaced/Mislaid Property
 Property owner (rather than finder) normally
has superior right to possess.
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Abandoned property
 First person to actually take property with
intent to possess normally prevails.
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Treasure trove
 At common law, finder prevailed.
 Many states, including Texas, abandon this
classification and treat as lost or mislaid.
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Determine type of bailment and apply
applicable rules.
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Sole benefit of bailor = slight care
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Sole benefit of bailee = great care
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Mutual benefit or for hire = reasonable care
(ordinary negligence standard)
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Modern Trend = treat all under reasonable
care standard
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BFP can prevail over true owner
 Common Law
▪ Transferee paid value
▪ Transferee had no notice of true owner’s claim
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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
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Who prevails between two non-true
owners?
 First?
 Second?
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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
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Basic rule = tracing
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Change in identity (manufacturing)
exception
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Relative value exception
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1. Present donative intent
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2. Delivery
 Actual
 Constructive
 Symbolic
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3. Acceptance
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Ascertain true nature of gift
 Courtship (irrevocable)
 Engagement (perhaps revocable)
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Ascertain approach used in state
 Fault
▪ Donor breaks engagement = irrevocable
▪ Donee breaks engagement = revocable
▪ Mutual breakup = revocable
 No-Fault (revocable regardless of fault)
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In addition to regular gift elements, donor
made in contemplation of impending or
imminent death.
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Approaches if donor survives peril:
 Traditional = automatically revoked
 Modern = failure of donor to revoke timely
makes gift irrevocable
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Intestacy to heirs
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Will to beneficiaries
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Probate avoidance techniques
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http://timer.onlineclock.net/
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