Course Syllabus
LA661 Property I, 3 Units
Professor Bruce A. Harbin
Fall 2015
Contact Information
Phone Number:
714-550-5500
Email address:
bharbin@hmlaw.com
Hours of availability: 10:00AM-4:00PM Monday – Friday excluding holidays
Course Description
These courses focus on the acquisition, disposition, and use of personal and real property.
Property I focuses on the nature of ownership and possession, bailment, adverse possession,
common law classifications of estates in land, concurrent ownership, present and future interests
in land, and landlord-tenant law. Property II focuses on transfers of interests in real property, real
estate contracts, legal descriptions, conveyances and deeds, recording systems, title insurance,
private land-use restrictions (easements, covenants, and equitable servitudes), public land-use
regulations, eminent domain, and regulatory takings. The course may include introductory
exposure to trusts, donative transfers, intellectual property, fixtures, mortgages, and ownership of
natural resources (i.e., water, oil, gas, wildlife).
Learning Outcomes
Institutional Learning Outcomes
By the end of this course, students should be able to:
1. Demonstrate a basic knowledge of the law in key areas tested on the California Bar Exam
by obtaining a grade of C or higher on a class examination.
2. Understand the law as a tool of ministry demonstrated by articulating ways in which the
subject area can be applied to pro bono legal services.
3. Identify and formulate the legal issues and theories that apply to the facts of a described
situation or problem in the content area as demonstrated by successful performance on an
examination.
4. Compare case law to a given set of facts, using it to determine the appropriate action as
demonstrated by written case briefs and participation in classroom discussion.
5. Recognize and resolve ethical issues by applying knowledge of biblical principles to
content area topics as demonstrated by classroom discussion.
6. Demonstrate mastery of the applicable black letter law by completing the required
modules of BarBri Mastermind.
Legal Skills and Values Learning Outcomes
By the end of this course, students should be able to:
1. Develop and evaluate strategies for solving a problem or accomplishing an objective as
demonstrated by completing the multiple problems contained in the course materials.
2. Analyze and apply legal rules and principles as demonstrated by successful performance
on an exam essay at a passing level.
3. Communicate effectively, whether orally or in writing, as demonstrated by arguing a
matter in the Discussion Forums and receiving a passing grade on the final examination.
4. Strive to improve the profession as demonstrated by participation in educational activities
designed to rid the profession of bias based on race, religion, ethnic origin, sexual
orientation, or disability.
Content Specific Learning Outcomes
By the end of this course, students should be able to:
1. Demonstrate sufficient knowledge of the following areas so as to answer an exam question
in a manner that would qualify as a passing answer on a similarly worded bar exam
question:
http://admissions.calbar.ca.gov/LinkClick.aspx?fileticket=0pNV3DyfoUk%3d&tabid=270
http://admissions.calbar.ca.gov/LinkClick.aspx?fileticket=VQF73Jr-8iE%3d&tabid=245
2. Demonstrate mastery of the applicable black letter law by completing the required
modules of Barbri Mastermind.
3. Use assigned readings of Property law cases to develop students’ ability to analyze facts,
spot issues, discern legal principles, and apply law to the facts in the resolution of
disputes.
Online Class & Technology Requirements
This class will be conducted exclusively over the internet. Please review the Online Learning
Technology Requirements (posted on TLS Online and the online.tiu.edu website) and confirm
that your computer satisfies the minimum requirements. If not, you may use the computers
located within the Trinity Law School Library Computer Lab.
Course Logistics/Assignment Submission
This course will follow the same academic calendar as other Trinity Law School courses. The
week will run from Monday to Sunday.
A late penalty scale applies to all assignments. If you turn in the weekly assignment late, the
penalty shown below will be attributed to any assignment indicated as completed.
Using a 12:00 a.m. deadline, as an example, the following late penalty would apply:
Turn-in Time
Penalty - % of Assignment Grade Deducted
12:01 a.m. to 1:00 a.m.
10%
1:01 a.m. to 2:00 a.m.
20%
2:01 a.m. to 3:00 a.m.
30%
3:01 a.m. to 4:00 a.m.
40%
4:01 a.m. to 5:00 a.m.
50%
5:01 a.m. to 6:00 a.m.
60%
6:01 a.m. to 7:00 a.m.
70%
7:01 a.m. to 8:00 a.m.
80%
After 8:00 a.m.
90%
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Assignments must be typed in 12-point Times New Roman font and double-spaced, with one-inch
margins. Use black or blue ink and insert page numbers. Assignments will be submitted through
online.tiu.edu and CasebookConnect.com. Each student bears full responsibility for submitting
his or her assignment in a timely manner. Even if you experience computer or internet-related
difficulties, you are still required to turn in your assignments on time.
Plagiarism
Please see the Catalog for a description of plagiarism. Plagiarism is a serious transgression of
ethics and will be dealt with severely. Your professor will use software that detects plagiarism in
your assignments.
Professor Interaction and Feedback
Your professor will be providing interaction during the week's discussion forums. While you are
encouraged to (at any time) e-mail your professor, your professor will respond via e-mail, Google
Chat, or on the live discussion board during these times. Your professor will provide regular and
concrete feedback on student effort and performance.
Your professor will respond to emails within 24 hours, Monday through Friday. Any emails sent
on Friday or over the weekend may not receive a response until Monday. Your professor will do
his or her best to give you feedback no later than one week after an assignment is turned in. Your
professor will grade the final paper within three weeks of the turn-in date. Additionally, if you
desire additional professor feedback, please e-mail your professor with specifics.
If your professor is unable to attend to the course for more than a 24-­‐hour period (excluding
weekends) or a 72-hour period (including weekends), he or she will alert students in advance.
Class Attendance Policy
As this is an online class, please note that attendance for this course is calculated differently than
you may be accustomed to in other Trinity Law School courses. Completion of assignments is
reflective of your attendance for this course. In order to receive credit for this course and because
this is an online course, students must complete all assignments.
Many assignments are required to be completed within a specific time period. If you do not
timely turn in an assignment or participate in the weekly posts, your professor will be forced to
assume that you did not complete the assignments. When your professor reviews your assignment
he or she will determine the extent to which you have engaged in, or completed, the assignment.
If the professor determines that your work product does not reflect the estimated time to complete
the assignment (including that you do not meet the minimum posting requirement for the
discussion board assignments), your professor will notify you of the discrepancy and adjust the
amount of credit you will receive for the assignment. In addition, your professor will audit your
assignment to determine participation, substance and any violations of the Standards of Conduct
contained in the Catalog. Any such violations (i.e. plagiarism, non-substantive posts, sharing
explanations with other Students who have not completed the assignment or other attempts at
working around the system) may be reported by your professor as dishonesty to the Law Faculty
Senate for appropriate action/punishment.
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Preparedness
Each student must be prepared to participate meaningfully in class discussions or assignments.
Each “substantive” response in the discussion forums (100 words or more) is required to be case
related which includes, but not limited to, rule analysis and application of facts to the rule. This is
not a place to post personal opinions. It is a place to conduct meaningful discussion regarding the
legal theory presented by the case. Briefs are required to be in the IRAC format (Issue, Rule,
Legal Analysis and Conclusion).
Student Conduct in the Classroom
The classroom experience is designed to promote a professional tone and to prepare students for
the ethical practice of law. This expectation applies to the class discussion board. Students are
expected to treat faculty and fellow students with respect and courtesy. Failure to do so will be
considered a violation of the Standards of Conduct contained in the Catalog and shall be subject
to the sanctions contained within the Catalog.
Emails are professional communication – your punctuation, tone, grammar, and salutation should
be appropriate for the legal profession; this rule also applies to any of your communications on
the class discussion board.
Texts Used in the Course (Required):
Required Texts:
CASEBOOKCONNECT: Jesse Dukeminier et al., Property (8th ed. Aspen 2015).
Three eBook Format Choices:
1. Hardcover - ISBN13: 9781454851363
2. Rental - ISBN13: 9781454837602
3. Loose-leaf - ISBN13: 9781454868804
http://www.wklegaledu.com/aspen-casebook-series/id-9781454851363/Property_Eighth_Edition
Students are REQUIRED to enroll in the professor's casebookconnect class. At the "class
insights" tab in Dukeminier Property casebookconnect enter the class code: HARBIN427332
Texts Used in the Course (Recommended):
Bernhardt & Bernhardt’s Real Property in a Nutshell, 6th Edition (West) ISBN: 9780314261878
Online Resources Used in The Course:
1. Online Property Course Webpage (including all material that your professor uploads): Go to
online.tiu.edu.
Examination Policy
A.
Mid-term Exam
A mid-term exam will be administered during the 7th week of the course. This exam will
count as twenty five percent (25%) of your final raw score. All students in the course are
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required to take the mid-term exam when administered. Any student who fails to take the
mid-term exam will not receive credit for that portion of the final grade.
B.
Final Exam
The final exam will be three hours in length: 2 one-hour essay questions and 1 hour for 25
multi-state questions. Each essay is worth 33% of the final exam grade and the multi-state
section is worth 34% of the final exam grade.
C.
MBE Exam
During the second to last week of the semester, students will complete a 15-question MBE
exam. The exam does not count toward your course grade. The purpose of the exam is to
help the students and the professor understand how well the students are learning and
applying the substantive law. The exam will take 30 minutes and will be conducted at the
beginning of class.
Grading Policy
Assignment(s)
Assignments
Midterm Exam
Final Exam
Percentage
25%
25%
50%
The instructor will not release grades to the students for any reason. Grades will be released by
the records office via the TLS Online student portal. Do not ask the instructor for a release of your
grade or for information about your grades. Until your grades are posted by the registrar’s office
the instructor reserves the right to modify the grades to promote fairness and accuracy and comply
with the grading standards of the university and the State Bar. Changes subsequent to issuance
will only be made in order to correct mathematical errors or for an evident injustice.
Change Due To Unforeseen Circumstance
At some time during the semester, it may become necessary for class to be cancelled and
rescheduled. If this occurs, reading assignments and other assignments may be postponed to
future dates. However, in no instance will an assignment be advanced to be due sooner than
indicated by the syllabus.
Assignments
Assignments will be in three (3) distinct formats. Each assignment will be allocated 10 points.
Assignments will be due no later than midnight on Sunday night of the week of the assignment
(with the exception of briefs - see below). Late submissions of an Assignment will be subject to
the "late penalty scale" under Course Logistics/Assignment Submission section herein above.
A.
Reading, Video and Multiple Choice Questions
You are required to read the assigned material, watch each assigned Video, complete the
Multiple Choice Questions and review answer explanations (Multiple Choice Questions
and Videos are located under the Study tab of the online Property book – Dukeminier).
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B.
Problems
Most weeks a set of problems will be presented requiring a short answer to be prepared
and submitted. Solutions to the problems will be available after posting a response;
however, no solutions will be available any earlier than the end of the assigned week.
These solutions will remain available for the remainder of the course for further reference.
All Problems must be completed the week of Assignment.
C.
Case Studies/Briefs/Discussion Forums
Case Study/Discussion Forum: Each Case Study will be a separate Assignment and have
a separate and distinct discussion board. The discussion forum for each Case Study will
be opened the week before the assigned case is due and the brief and or substantive
comments may be posted anytime after the opening of the Discussion Forum with late
postings subject to the “late penalty scale”.
Briefs: A briefing schedule of all case studies to be covered in the course will be
provided. Each student will be assigned a Team. Each Team will be given specific cases
for which they will be responsible to post a brief (one brief per Team per assigned case).
The week of the Team’s case assignment your Team will be required to post a brief on the
discussion board exclusively for that Case Study. The posting by your Team of the brief
will be DUE THE WEEK OF THE ASSIGNMENT AND LATE AFTER
MIDNIGHT MONDAY NIGHT OF THE ASSIGNED WEEK. (i.e. an Assignment
week is Monday through Sunday and the brief must be posted on Monday and may be
posted anytime the week before). Briefs need to be timely posted to facilitate the week’s
discussion. All briefs will be presented in the IRAC format (Issue, Rule, Analysis and
Conclusion). Any use of commercial briefs will be considered plagiarism and a violation
of the Standards of Conduct contained in the Catalog and shall be subject to the sanctions
contained within the Catalog.
Substantive Comment Period: During the week of the specific Case Study Assignment
(Tuesday through Sunday), each student will be required to post a substantive comment
(between 50-100 words) on each case in that specific discussion forum - irrespective of
whether or not a brief has been posted by the assigned Team. Substantive responses shall
be case related (i.e. related to the rule of law, analysis, conclusion of the case, and/or
relationship to the applicable theory of law being evaluated, NOT personal experience or
opinion) and be between 50-100 words. Non-substantive responses or plagiarism will
receive zero points for the assignment. (NOTE: Team members are not required to post a
substantive comment on the Team’s assigned case; however, you will still be required to
post substantive comments on the other Case Studies for the week).
Grading: Each comment will be evaluated for content and given a point value of up to ten
(10) points and be subject to the "late penalty scale".
BarBri Mastermind
No later than week 5, students will have access to BarBri Mastermind for this course. In order to
receive a grade for this course, you must complete the required BarBri Mastermind modules with
100% mastery. The program will not show 100% mastery until you can correctly answer each
question. Please see the chart below for a complete listing of the required modules for this course.
In order to receive credit for this course, you must complete the required modules no later than
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the last day of the semester, December 19, 2015. However, you will receive the most benefit from
these materials if you complete the modules as you cover those topics in class throughout the
semester. Failure to complete the modules will result in an Unauthorized Withdrawal from the
course and you will be required to re-take the course
It is recommended that you complete these modules as we discuss each topic throughout the
semester. The following BarBri Mastermind modules are required for this course:
Estates & Future Interests
Landlord & Tenant; Fixtures
Adverse Possession
Class Assignments
Assignment Week is considered (Monday through Sunday). All homework assignments are due
the week of the Assignment and considered late if not posted within the assigned week (i.e. before
midnight (Pacific Standard Time - PST on Sunday) - with the exception that Case Briefs are due
on Monday of Assignment Week and considered late if not posted on Monday of Assignment
Week (i.e. before Midnight PST Monday). The chart below shows all Assignments and
Assignment Week.
YOU MUST REVIEW THE MANDATORY TECHNOLOGY TRAINING DOCUMENT
ON TLS ONLINE BEFORE SCHOOL STARTS.
Assignment Week
WEEK 1
This Week’s Topics:
August 24, 2015
1. Acquisition by Discovery
2. Acquisition by Capture
Assignments:
1. Watch Professor Introduction Video
2. Watch Dukeminier, Video Chapter 1(page 18 or under Chapter 1
Study)
3. Read Dukeminier, pgs. 3-56
4. Case Study: Johnson v. M’Intosh
5. Case Study: Pierson v. Post
6. Case Study: Ghen v. Rich
7. Case Study: Keeble v. Hickeringill
8. Problems 1-4, pages 33-36.
9. Dukeminier Chapter 1 Multiple Choice Questions –
a. Determine how the doctrine of acquisition by capture
applies to oil and gas and other fugitive resources. (2
questions)
b. Understand the concept of accession and identify the types
of property that may be acquired through capture. (1
question)
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WEEK 2
August 31, 2015
WEEK 3
September 7,
2015
This Week’s Topics:
1. Acquisition by Creation
a. Property in One’s Ideas and Expressions: General Principles
of Intellectual Property
b. Property in One’s Persona (the Right of Publicity)
c. Property in One’s Person (Body Parts)
Assignments:How
1. Review Power Point Problem Solutions (Week 1)
1. Read Dukeminier, pgs. 56-103
2. Case Study: Feist Publications, Inc. v. Rural Telephone Service Co.
3. Case Study: Harper & Row Publishers, Inc. v. National Enterprises
4. Case Study: Diamond v. Chakrabarty
5. Case Study: White v. Samsung Electronics Corp.
6. Case Study: Moore v. U.C. Board of Regents
This Week’s Topics:
1. Acquisition by Creation
a. The Bundle of Rights’ Frontiers: Exclusion, Abandonment,
and Destruction
2. Acquisition by Find
Assignments:
1. Read Dukeminier, pgs. 104-143
2. Case Study: Jacque v. Steenberg Homes, Inc.
3. Case Study: State v Shack
4. Case Study: Pocono Springs Civic Association, Inc. v. MacKenzie
5. Case Study: Hawkins v. Mahoney
6. Case Study: Eyerman v. Mercantile Trust Co.
7. Case Study: Armory v. Delamirie
8. Case Study: Hannah v. Peel
10. Dukeminier Chapter 2 Multiple Choice Questions –
a. Determine the ownership rights to found property. (7
questions)
b. Identify the elements necessary to establish ownership in a
gift. (7 questions)
WEEK 4
September 14,
2015
This Week’s Topic:
1. Acquisition by Adverse Possession
a. The Theory and Elements of Adverse Possession
b. The Mechanics of Adverse Possession
Assignments:
1. Read Dukeminier, pgs. 144-176
2. Case Study: Van Valkenburgh v. Lutz
3. Case Study: Mannillo v. Gorksi
4. Case Study: Howard v. Kunto
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5. Dukeminier Chapter 2 Multiple Choice Questions –
a. Determine the applicable statute of limitations period for
adverse possession. (3 questions)
b. Determine when adverse possession is appropriate based on
elements and if tacking is permitted. (2 questions)
c. Identify the elements of adverse possession and determine
whether a claimant has satisfied those elements. (11
questions)
6. Dukeminier Problems
a. Color of Title & Constructive Adverse Possession:
Problems 1-2, page 163.
b. Tacking:
Problems 1-3, page 176
WEEK 5
September 21,
2015
This Week’s Topics:
1. Acquisition by Adverse Possession
a. Adverse Possession of Chattels
2. Acquisition by Gift
Assignments:
2. Read Dukeminier, pgs. 177-206
3. Review Power Point Problem Solutions (Week 4)
4. Case Study: O’Keeffe v. Snyder
5. Case Study: Gruen v. Gruen
6. Dukeminier Problems:
a. Problems Disabilities: 1-3, page 177
b. Problems Acquisition by Gift: 1 & 4, pages 191-192;
2-5, page 199
7. Complete Barbri Mastermind module for Adverse Possession (25)
WEEK 6
September 28,
2015
This Week’s Topics:
1. Possessory Estates
a. Up From Feudalism
b. The Fee Simple
c. The Fee Tail
d. The Life Estate
Assignments:
1. View Dukeminier, Video, page 295.
2. Read Dukeminier, pgs. 207-243.
3. Review Power Point Problem Solutions (Week 5)
4. Case Study: White v. Brown
5. Case Study: Baker v. Weedon
6. Dukeminier Problems:
a. Problems Creation of Fee Simple: 1-3, page 219.
b. Problems Inheritance of a Fee Simple: 1-3, page 221.
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7. Dukeminier Chapter 3 Multiple Choice Questions
a. Trace the historical development of possessory estates and
identify the various types of estates that can be created. (1
question)
b. Understand how property is conveyed and inherited. (1
question).
c. Understand the concept of a fee simple estate: its creation
and alienability. (4 questions)
d. Understand the concept of a life estate and how it is valued
against the remainder. (3 questions)
e. Determine how to value life estates and calculate
remainders. (1 question)
WEEK 7
October 5 , 2015
This Week’s Topics:
1. Midterm
2. Possessory Estates
a. Leasehold Estates
b. Defeasible Estates
Assignments:
1. Dukeminier, pgs. 244-274
2. Review Power Point Problem Solutions (Week 6)
3. Dukeminier, Problems
a. Problem Defeasible Estates: Problem 2, page 255
4. Dukeminier, Multiple Choice Questions – Chapter 3
a. Determine which use conditions on fee simples are valid
and invalid. (2 questions)
b. Identify the various types of defeasible estates, determine
when each will terminate and who holds remainder. (4
questions)
WEEK 8
October 12, 2015
This Week’s Topics:
1. Future Interests
a. Introduction
b. Future Interests in the Transferor
c. Future Interests in Transferees
Assignments:
1. Dukeminier, pgs. 275-295
2. Review Power Point Problem Solutions (Week 7)
3. Dukeminier, Problems
a. Future Interest in Tansferor: Reversion; Problems 1 (a-d) &
2, page 278
b. Future Interest in Transferee: Problem page 281
c. Future Interest in Transferee: Remainders; Problems 1-4,
page 283.
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5. Dukeminier, Multiple Choice Questions – Chapter 4
a. Distinguish among the various types of future interest and
identify the various rights vested in the transferor and
transferee. (4 questions)
b. Distinguish between vested and contingent remainders and
understand the effect of each. (4 questions)
c. Distinguish between shifting and springing executory
interests. (9 questions)
d. Identify the circumstances under which a contingent
remainder is destroyed. (1 question)
WEEK 9
October 19, 2015
This Week’s Topics:
1. Future Interests
a. The Trust
b. Rules Furthering Marketability by Destroying Contingent
Future Remainders
Assignments:
1. Dukeminier, pgs. 295-342
2. Review Power Point Problem Solutions (Week 8)
3. Case Study: Broadway National Bank v. Adams
4. Case Study: The Symphony Space, Inc. v. Pergola Properties, Inc.
5. Dukeminier, Problems:
a. Class Gifts: Problems 1-4, pages 312-313
6. Dukeminier, Multiple Choice Questions – Chapter 4
a. Understand the mechanics of the Rule against Perpetuities.
(2 questions)
b. Identify which interests are subject to the Rule against
Perpetuities and which would be invalidated under the Rule.
(9 questions)
c. Analyze the various approaches to reforming the Rule
against Perpetuities. (1 question)
7. Complete Barbri Mastermind module for Estates & Future Interests
WEEK 10
This Week’s Topic:
1. Common Law Concurrent Interests
October 26, 2015
Assignments:
1.
2.
3.
4.
5.
6.
7.
Dukeminier, pgs. 343-382
Review Power Point Problem Solutions (Week 9)
Case Study: Riddle v. Harmon
Case Study: Harms v. Sprague
Case Study: Delfino v. Vealencis
Case Study: Spiller v. Mackereth
Case Study: Swartzbaugh v. Sampson
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WEEK 11
8. Dukeminier, Problems:
a. Common Law Concurrent Interests; 1-3, page 346.
b. Multiple-Party Bank Accounts; 1&2, pages 360-361.
9. Dukeminier, Multiple Choice Questions – Chapter 5
a. Distinguish among the three types of common interests: tenancy
in common, tenancy by the entirety, and joint tenants; including
the creation, rights, and termination of each. (7 questions)
b. Identify the circumstances that sever a joint tenancy and the
impacts of severance. (3 questions)
c. Identify the four unities of joint tenancy. (6 questions)
d. Understand the reasons for creating one common interest over
another and identify the rights and liabilities created under each.
(2 questions)
This Week’s Topic:
1. Marital Interests
November 2, 2015
Assignments:
1. Dukeminier, pgs. 383-440
2. Review Power Point Problem Solutions (Week 10)
3. Case Study: Sawada v. Endo
4. Case Study: In re Marriage of Graham
5. Case Study: Elkus v. Elkus
6. Case Study: Varnum v. Brien
7. Dukeminier, Problems
a. Common Law Marital Property System: During Marriage;
Problem page 385
b. Modern Elective Share: Problem page 410
c. Community Property compared to Common Law Concurrent
Interests; Problem page 413.
d. Mixing Community Property with Separate Property: Problem
1, page 416.
8. Dukeminier, Multiple Choice Questions – Chapter 5
a. Distinguish between equitable distribution and community
property distribution of assets during divorce. (1 question)
b. Identify the property rights of each spouse under the common
law marital property system. (2 questions)
WEEK 12
November 9, 2015
This Week’s Topics:
1. Leaseholds: The Law of Landlord and Tenant
a. The Leasehold Estates
b. The Lease
c. Selection of Tenants (Herein of Unlawful Discrimination)
d. Delivery of Possession
e. Subleases and Assignments
Assignments:
1. View Dukeminier, Video, page 244.
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2.
3.
4.
5.
6.
7.
8.
Dukeminier, pgs. 441-482
Review Power Point Problem Solutions (Week 11)
Case Study: Garner v. Gerrish
Case Study: Hannan v. Dusch
Case Study: Ernst v. Conditt
Case Study: Kendal v. Ernest Pestanna, Inc.
Dukeminier, Problems
a. Delivery of Possession; Problems 1&2 page 465
9. Dukeminier, Multiple Choice Questions – Chapter 6
a. Distinguish among the three types of leaseholds: term of years,
periodic tenancy, and tenancy at will and identify the rights and
liabilities created under each. (5 questions)
b. Determine what remedies a landlord may have with regard to a
holdover tenant and landlord’s obligations to a new tenant. (4
questions)
c. Identify the constraints imposed on landlords in selecting
tenants and understand the restrictions imposed by the Fair
Housing Act and the Civil Rights Act to prevent discrimination.
(2 questions)
d. Distinguish between a sublease and assignment and determine
the rights and responsibilities under each. (12 questions)
WEEK 13
November 16,
2015
This Week’s Topics:
1. Leaseholds: The Law of Landlord and Tenant
a. The Tenant Who Defaults
Assignments:
7. Dukeminier, pgs. 482-504
8. MBE Exam
9. Review Power Point Problem Solutions (Week 12)
10. Case Study: Berg v. Wiley
11. Case Study: Sommer v. Kridel
12. Dukeminier, Problems
a. Privity of Estate and Privity of Contract: The Consequences;
Problems 3 (a-c), pages 471-472.
13. Dukeminier, Multiple Choice Questions
a. Determine the rights and obligations of tenant and landlords
created by a lease. (6 questions)
b. Determine the remedies of a landlord when a tenant has
defaulted. (3 questions)
c. Identify the duties of landlords to repair or maintain the
property and determine the proper remedies for failure to do
so. (1 question)
d. Identify the duties of tenants with regard to maintenance and
repair of the premises and determine the proper remedies for
breach. (2 questions)
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WEEK 14
November 30,
2015
This Week’s Topics:
1. Leaseholds: The Law of Landlord and Tenant
a. Duties, Rights, and Remedies (Especially Regarding the
Condition of the Leased Premises)
b. The Problem of Decent Affordable Housing
2. Review for Final Exam
Assignments:
1. Dukeminier, pgs. 504-540
2. Review Power Point Problem Solutions (Week 13)
3. Case Study: Village Commons, LLC v. Marion County
Prosecutor’s Office
4. Case Study: Hilder v. St. Peter
5. Case Study: Chicago Board of Realtors, Inc. v. City of Chicago
6. Dukeminier, Problems
a. Retaliatory Eviction: Problem 4 (a-d), page 525
7. Dukeminier, Multiple Choice Questions – Chapter 6
a. Understand the covenant of quiet enjoyment and determine
the circumstances which constitute a breach of that
covenant. (4 questions)
b. Understand the implied warranty of habitability and
determine the proper remedies when that warranty has been
breached. (3 questions)
8. Complete Barbri Mastermind module for Landlord & Tenant;
Fixtures
PLEASE CONFIRM THE DATE AND TIME OF THE FINAL
EXAM ON TLS ONLINE.
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