I've met with all my profs to discuss my exam results from the Fall semester. There were quite a few surprises in there.
The biggie is that I missed an A- in Civ Pro by one point. Literally by one point.
Second, in Torts, on the MCQ section, I was 1 point away from having the highest grade in the class. I thought I killed the essays, but apparently the prof disagreed. Might have done a little better than average on those, but nothing too extraordinary. The prof did say I had one of the higher B+s.
Contracts, I forgot to mention consideration on a short essay and it cost me 9 points. Probably the difference between a B- and a B.
So, if things had gone a little differently, I'd be looking at more like a 3.3 instead of a 3.1.
Not to sound like I'm rationalizing, but there's really not a significant difference between, say, a low A- and a high B+. I think my grades were fair, but it does look like I didn't get a lot of luck, here.
Where things could have gone one of two ways, it looks like more often, they went the other way.
Not sure to be encouraged by that. Initially, it does sort of suck to think I was so close to an A- in Torts and Civ Pro. On the other hand, I guess I could tell myself that it was basically a coin toss in a couple of my classes. I just happened to come up tails twice.
I also am coming to grips with the fact that all my other committments probably are hurting my grades. I would be doing this differently if not for the time I need to spend on them. How much difference? Who knows. I don't think it's huge, but it might be enough to make a 1 point difference on a couple of exams.
Okay, on to semester two.
Wednesday, February 8, 2012
Thursday, January 26, 2012
3 weeks in...
3 weeks in. 11 weeks to go. It already feels like we've been in this semester forever. All I can think is how much I'll enjoy setting my own schedule next Fall. It's been a strain to be here 5 days a week. Only 11 more weeks of it, but I really need to move past the 1L phase. Although we're not allowed to have jobs, I still have the biz and the kid. This 5-day schedule blows.
Brief due tomorrow in writing. I just can't get going on it. I have all day after school today, and all morning tomorrow for it, though. Not sure if it's graded or whether we just get a completion grade on it. I'm hoping for a completion grade. After this, the only remaining written assignment for Legal Writing is our final trial brief. It'll be nice to kiss this class goodbye.
So, survive, survive. Finals aren't for a while. Study group starts next week. I think that'll help some. Didn't do any last semester. If it can help me get one tick higher on one or two grades this semester, it's more than worth it.
Brief due tomorrow in writing. I just can't get going on it. I have all day after school today, and all morning tomorrow for it, though. Not sure if it's graded or whether we just get a completion grade on it. I'm hoping for a completion grade. After this, the only remaining written assignment for Legal Writing is our final trial brief. It'll be nice to kiss this class goodbye.
So, survive, survive. Finals aren't for a while. Study group starts next week. I think that'll help some. Didn't do any last semester. If it can help me get one tick higher on one or two grades this semester, it's more than worth it.
Saturday, January 21, 2012
Post Mortem on Fall Semester, 1L Year
All my grades are in. Two B+, Two B, and one B-. Overall GPA is 3.088. So, just a tick shy of a 3.1. I need a 3.2 to keep my scholarship. So, basically, I need a 3.3 in the Spring Semester to keep it.
If I don't, I honestly don't think it will change my plans at all. All in all, I'm not unhappy with my grades. I feel like I did my best, or at least an approximation of it. The difficulty I had was mostly in trying to write good answers during pretty severe time constraints on the exam.
The only thing I could have done, but didn't, was work harder to put together a study group or two. I am starting one up, now.
I'm not really that optimistic that I'll be able to pull a 3.3 in the Spring, but I'll do what I can. Just a couple of grades break my way and it could happen.
If I don't, I honestly don't think it will change my plans at all. All in all, I'm not unhappy with my grades. I feel like I did my best, or at least an approximation of it. The difficulty I had was mostly in trying to write good answers during pretty severe time constraints on the exam.
The only thing I could have done, but didn't, was work harder to put together a study group or two. I am starting one up, now.
I'm not really that optimistic that I'll be able to pull a 3.3 in the Spring, but I'll do what I can. Just a couple of grades break my way and it could happen.
Saturday, January 7, 2012
Contracts Grades Are In
Contracts is really the only exam where, when I look back, I feel like I just booted the thing. The grades are posted and I got a B-. This one, frankly, it would not have surprised me to get a C. I was praying for a B. I ended up with something in the middle, shading towards the B. So, I'm pretty happy.
At this point, my GPA is ever so slightly higher than a 3.0, because my one B+ was in my 4 credit hour class.
The other class I'm worried about is Civ Pro, and I'm not confident about that one, but I'm certain I did much worse in Contracts. I'm thinking I have a good shot at a B, which would put me in at the end of the semester with just a tick higher than a 3.0.
Today is actually the deadline to post grades. So, the suspense should be over, soon.
Freakin' 1L. It's funny, but they say that 1L classes really bond because they went through 1L together. I can totally see that. It's not that the classes, themselves, are that bad. It's that there's so much emotion surrounding almost everything that happens.
At this point, my GPA is ever so slightly higher than a 3.0, because my one B+ was in my 4 credit hour class.
The other class I'm worried about is Civ Pro, and I'm not confident about that one, but I'm certain I did much worse in Contracts. I'm thinking I have a good shot at a B, which would put me in at the end of the semester with just a tick higher than a 3.0.
Today is actually the deadline to post grades. So, the suspense should be over, soon.
Freakin' 1L. It's funny, but they say that 1L classes really bond because they went through 1L together. I can totally see that. It's not that the classes, themselves, are that bad. It's that there's so much emotion surrounding almost everything that happens.
Friday, January 6, 2012
In a foul mood...
I'm just generally in a bad mood for all sorts of reasons, but one of them is my disappointing Law School grades. With three grades in, I have a B+ and two Bs.
Not so bad, but that's with my two strongest subjects in there. The remaining classes were my weakest. The deadline for reporting grades is tomorrow, but it wouldn't surprise me if they're posted a lot later than that, especially for one prof who had to grade another prof's exams after having to take over the class on short-notice due to an emergency.
I'm worried about both exams. Made big mistakes on both of them.
Now, I do think my grades are fair. I guess I'm just in awe that so many people kicked my ass. Property was the real stunner. I thought I nailed that thing, but if I got a B, that means that probably 10 other students, give or take, did a better job than I did. Smart people in this class, no doubt.
Also, the gravitational pull of the B is starting to dawn on me. We have roughly a 3.0 curve at the school. I think only about 10% get As, but there's a little latitude in there. Not sure how many get B+ or A-. Figure if another 5% or so get those grades, then we're talking maybe 8 people in a class of 50 would get something higher than a B.
I'm also hoping it works in reverse: that on a 3.0 curve, that also means that only 8 people or so will get less than a B.
This means that, in a class of 50, about 35-ish will get a B. An unlucky 8 or so get less than a B. A very smart 8 or so get more than a B.
Also, it's hard to guess how you did in a class. I thought I did pretty poorly in my legal writing class, but when the points were tallied I was almost spot-on for being right at the mean. I honestly feared a C in that class.
Torts? Felt really good after that one, and did end up with a B+. So, who knows. Property, I honestly thought that was my strongest exam and I got a B.
I'm hoping the gravitational pull of the B will also keep me from getting a C in Civ Pro and Contracts. I should know tomorrow. That's the deadline, but like I said, it wouldn't surprise me if I only knew one of them by then.
It sorta sucks knowing that I'm an average student. I did work pretty hard on this and put in a lot of prep, even before the semester started. It does remind me a bit of b-school. I was always getting my ass kicked by the touchy-feely types in classes like organizational behavior and labor and human resources. I was always getting my ass kicked by the engineers in all my quantitative classes.
In the end, I got a 3.5, which wasn't competitively graded, but if I had to guess, was probably about average for the program.
In Law School, it's looking a lot like I may end up with a 3.0. Average for the program.
Of course, both b-school and law school attract a lot of driven people who want to do well because a lot of money can be at stake. Figure you take the general population. Only 1 in 3 get a bachelor's degree.
Of those, most feel like they have more than enough school and never go back. Then, you have the folks who think about law school. You pretty much need an average or better LSAT to even get into an accredited law school. In the end, my peer group in law school might very well be representative of something like the top 4% of the general population.
(33% of population gets a bachelor's degree. 25% of them even think about going on for graduate school. 50% of them can't test well enough to get into law school. That works out to roughly 4% of the population. Being average in that cohort means you're at about the 98th percentile in academic chops. Also, being top 10% means you're in the top 4/10ths of a percent of the population as a whole. Sort of shows why it's hard to get an A. Those percentages aren't authoritative, by the way. They're just my guesses as to what they should be.)
Now, on the bright side, I won't have to spend all that time working on law review!
Ah well. Schtuff happens. My only worries related to my GPA are that I won't maintain a high enough GPA to keep my scholarship. I need a 3.2 and as it stands now, I'd have about a 3.08 if I pull Bs in my two other classes.
The other worry is that I would like to gain some experience working for a law firm before I graduate. Preferrably a personal injury firm. However, if my grades aren't good enough, I won't be able to score an internship.
All in all, not the biggest deal. Really, in the final analysis, I need to remind myself that my A plan at graduation was to hang out a shingle and start a solo practice. Nothing has really changed about that.
Not so bad, but that's with my two strongest subjects in there. The remaining classes were my weakest. The deadline for reporting grades is tomorrow, but it wouldn't surprise me if they're posted a lot later than that, especially for one prof who had to grade another prof's exams after having to take over the class on short-notice due to an emergency.
I'm worried about both exams. Made big mistakes on both of them.
Now, I do think my grades are fair. I guess I'm just in awe that so many people kicked my ass. Property was the real stunner. I thought I nailed that thing, but if I got a B, that means that probably 10 other students, give or take, did a better job than I did. Smart people in this class, no doubt.
Also, the gravitational pull of the B is starting to dawn on me. We have roughly a 3.0 curve at the school. I think only about 10% get As, but there's a little latitude in there. Not sure how many get B+ or A-. Figure if another 5% or so get those grades, then we're talking maybe 8 people in a class of 50 would get something higher than a B.
I'm also hoping it works in reverse: that on a 3.0 curve, that also means that only 8 people or so will get less than a B.
This means that, in a class of 50, about 35-ish will get a B. An unlucky 8 or so get less than a B. A very smart 8 or so get more than a B.
Also, it's hard to guess how you did in a class. I thought I did pretty poorly in my legal writing class, but when the points were tallied I was almost spot-on for being right at the mean. I honestly feared a C in that class.
Torts? Felt really good after that one, and did end up with a B+. So, who knows. Property, I honestly thought that was my strongest exam and I got a B.
I'm hoping the gravitational pull of the B will also keep me from getting a C in Civ Pro and Contracts. I should know tomorrow. That's the deadline, but like I said, it wouldn't surprise me if I only knew one of them by then.
It sorta sucks knowing that I'm an average student. I did work pretty hard on this and put in a lot of prep, even before the semester started. It does remind me a bit of b-school. I was always getting my ass kicked by the touchy-feely types in classes like organizational behavior and labor and human resources. I was always getting my ass kicked by the engineers in all my quantitative classes.
In the end, I got a 3.5, which wasn't competitively graded, but if I had to guess, was probably about average for the program.
In Law School, it's looking a lot like I may end up with a 3.0. Average for the program.
Of course, both b-school and law school attract a lot of driven people who want to do well because a lot of money can be at stake. Figure you take the general population. Only 1 in 3 get a bachelor's degree.
Of those, most feel like they have more than enough school and never go back. Then, you have the folks who think about law school. You pretty much need an average or better LSAT to even get into an accredited law school. In the end, my peer group in law school might very well be representative of something like the top 4% of the general population.
(33% of population gets a bachelor's degree. 25% of them even think about going on for graduate school. 50% of them can't test well enough to get into law school. That works out to roughly 4% of the population. Being average in that cohort means you're at about the 98th percentile in academic chops. Also, being top 10% means you're in the top 4/10ths of a percent of the population as a whole. Sort of shows why it's hard to get an A. Those percentages aren't authoritative, by the way. They're just my guesses as to what they should be.)
Now, on the bright side, I won't have to spend all that time working on law review!
Ah well. Schtuff happens. My only worries related to my GPA are that I won't maintain a high enough GPA to keep my scholarship. I need a 3.2 and as it stands now, I'd have about a 3.08 if I pull Bs in my two other classes.
The other worry is that I would like to gain some experience working for a law firm before I graduate. Preferrably a personal injury firm. However, if my grades aren't good enough, I won't be able to score an internship.
All in all, not the biggest deal. Really, in the final analysis, I need to remind myself that my A plan at graduation was to hang out a shingle and start a solo practice. Nothing has really changed about that.
Friday, December 16, 2011
Fun Time is Over
"Fun time is over. And I guess it's enough. But just for the record, it was a little too rough."
-'Til Tuesday "Sleeping and Waking"
(NB: 'Til Tuesday's "Welcome Home" album? Freakin' awesome.)
Okay, exam season is over. I can do things like spend a half hour watching a Beatles documentary with my son, now. Won't know grades for a few weeks, probably. As one prof pointed out, he's grading about 300 essays. It just takes a while to plow through all that.
I just can't say one way or another. For the most part, I got most of the stuff I should have onto the paper. Just not always in the way I should have.
For example: on one question, I categorized a death-bed gift as an intevivos gift (an unconditional gift given during life) and not as a gift in causa mortis (a gift given in anticipation of impending death, conditional upon actual death). The reason I categorized it this way was that the donative intent was simply that it be a gift. When the donor then survived, he did not want the gift back (as you would if it were a gift in causa mortis).
The optimal answer would have included something like, "donative intent is demonstrated by the fact that, upon survival, the donor did not want the gift back."
Instead, I said something to the effect of, "the gift was given without conditon with the words 'this is yours'." Then, in the next paragraph discussing bailment, I said, "Because it is an intervivos gift, and not a gift in causa mortis, the donor does not want the chattel back,"
So, it's in there, but not in the most optimal way. Is it wrong? Yeah, maybe. Is it right? Yeah, maybe. Is it something in between? Yeah, probably.
Another example? In my torts exam, there was an action for wrongful death. What I did, which wasn't really right, wasn't really wrong, was to first discuss the underlying torts. I discussed battery (it wasn't). Then discussed negligence (it was.) Then discussed actions for wrongful death and the fact that damages are nuanced a wrongful death action.
The optimal answer would have been to discuss wrongful death based on the underlying torts. So, it's all in there, just in the wrong order / format. Basically instead of: "Discuss Battery. Discuss Negligence. Discuss Wrongful Death", it should have been: "Discuss wrongful death and the underlying tort."
This seems like a distinction without a difference, but this is one of those gigantic differences between b-school and law school. B-school is all about decision making tools and it is driven by the "it". Find "it". Everything is driven by "it". You don't have to find a perfect answer. You need to find a justifiable business answer that you can move your organization towards. If you make money? You got the right answer. Here's your bigass bonus. Do it again next year.
Law? Law is war with words. The 90% right answer loses to the 91% right answer. So, attorneys almost never arrive at "it". They arrive at a 95% right solution, then obsess about the possibility that their opponent might find a 96% right solution. Nothing is ever right or wrong. It's always a shade of maybe. You just pray that your maybe is better than the other guy's maybe. (This, of course, refers to cases that go to trial. Most of the time, the law provides a pretty definite answer, and the matter never reaches trial. In law school, though, everything we study is based on decisions at trial.)
In another case, on a 30 minute bar style essay, I forgot to mention consideration in a contract. The prof had hammered that point nearly every day since the class began. It wasn't that I forgot it, per se. It's that time ran out and I didn't have enough time to go back and check if I was missing anything. That'll be a gigantic point deduction, I'm sure. I did discuss a lot more issues than most people probably did, but missed one of the biggest ones.
It's just hard to compose a great answer in 30 minutes or 60 minutes, or sometimes even in 90 minutes. Figure a 650 word bar-style essay in 30 minutes? If you could do that and still truly produce high quality work, you could write 30 novels in a year. It's just hard to get all that in there, that quickly.
So, at this point, all I can say is, I haven't got a freakin' clue how I did. I feel good enough about my exams that I'll be stunned if I have to repeat any classes, but beyond that, no guesses, really. If you told me I got a C, I wouldn't be shocked. If you told me I got an A, I might be overjoyed, but not shocked.
My worst grade will come in Legal Research and Writing, I'm sure. I can get my memo back, with a point tally, today. Since I'm going back to sell back my books, I'll go ahead and get it. That won't tell me my grade, per se. On Monday, though, the grades for LRW should be posted.
Beyond that, most of the profs have indicated that we should be looking for our grades closer to the January 7th, than sooner.
Funny how expectations have dropped. I started off hoping for a top class rank and transfer to U of M. Then, devolved to hoping for maybe a top 10% class rank. Then, hoping for a 3.3 so I can keep my scholarship. Then, hoping for mostly Bs. Then, just praying I do well enough that I don't have to repeat any classes.
I would like to get a law degree, but won't be doing this if I have to repeat classes. It's just not that important to me.
There are, absolutely, some brilliant people in this class, though. Much smarter than anything I remember. It is somewhat taking me back to my days at the Weatherhead School at CWRU. I'd go in there thinking I was smart and was going to work my balls off, and would end up getting a B in Quantitative Methods, behind a gaggle of engineers. I think it's going to be largely the same experience, here.
I do worry that perhaps I'm just not as sharp as I once was. Motorcycle accidents, age, whatever. I'm probably not working with as much mental horsepower as I once was. Who knows.
I just don't know what I could have done, with one exception, to do better. I knew the law pretty well. My performance wasn't really due to lack of preparation. Perhaps a really good study group would have helped. Who knows. There are just some realities about my situation, with family and all, that make it tough for me to do that sort of thing.
Anyway, last law post until the grades start coming in.
-'Til Tuesday "Sleeping and Waking"
(NB: 'Til Tuesday's "Welcome Home" album? Freakin' awesome.)
Okay, exam season is over. I can do things like spend a half hour watching a Beatles documentary with my son, now. Won't know grades for a few weeks, probably. As one prof pointed out, he's grading about 300 essays. It just takes a while to plow through all that.
I just can't say one way or another. For the most part, I got most of the stuff I should have onto the paper. Just not always in the way I should have.
For example: on one question, I categorized a death-bed gift as an intevivos gift (an unconditional gift given during life) and not as a gift in causa mortis (a gift given in anticipation of impending death, conditional upon actual death). The reason I categorized it this way was that the donative intent was simply that it be a gift. When the donor then survived, he did not want the gift back (as you would if it were a gift in causa mortis).
The optimal answer would have included something like, "donative intent is demonstrated by the fact that, upon survival, the donor did not want the gift back."
Instead, I said something to the effect of, "the gift was given without conditon with the words 'this is yours'." Then, in the next paragraph discussing bailment, I said, "Because it is an intervivos gift, and not a gift in causa mortis, the donor does not want the chattel back,"
So, it's in there, but not in the most optimal way. Is it wrong? Yeah, maybe. Is it right? Yeah, maybe. Is it something in between? Yeah, probably.
Another example? In my torts exam, there was an action for wrongful death. What I did, which wasn't really right, wasn't really wrong, was to first discuss the underlying torts. I discussed battery (it wasn't). Then discussed negligence (it was.) Then discussed actions for wrongful death and the fact that damages are nuanced a wrongful death action.
The optimal answer would have been to discuss wrongful death based on the underlying torts. So, it's all in there, just in the wrong order / format. Basically instead of: "Discuss Battery. Discuss Negligence. Discuss Wrongful Death", it should have been: "Discuss wrongful death and the underlying tort."
This seems like a distinction without a difference, but this is one of those gigantic differences between b-school and law school. B-school is all about decision making tools and it is driven by the "it". Find "it". Everything is driven by "it". You don't have to find a perfect answer. You need to find a justifiable business answer that you can move your organization towards. If you make money? You got the right answer. Here's your bigass bonus. Do it again next year.
Law? Law is war with words. The 90% right answer loses to the 91% right answer. So, attorneys almost never arrive at "it". They arrive at a 95% right solution, then obsess about the possibility that their opponent might find a 96% right solution. Nothing is ever right or wrong. It's always a shade of maybe. You just pray that your maybe is better than the other guy's maybe. (This, of course, refers to cases that go to trial. Most of the time, the law provides a pretty definite answer, and the matter never reaches trial. In law school, though, everything we study is based on decisions at trial.)
In another case, on a 30 minute bar style essay, I forgot to mention consideration in a contract. The prof had hammered that point nearly every day since the class began. It wasn't that I forgot it, per se. It's that time ran out and I didn't have enough time to go back and check if I was missing anything. That'll be a gigantic point deduction, I'm sure. I did discuss a lot more issues than most people probably did, but missed one of the biggest ones.
It's just hard to compose a great answer in 30 minutes or 60 minutes, or sometimes even in 90 minutes. Figure a 650 word bar-style essay in 30 minutes? If you could do that and still truly produce high quality work, you could write 30 novels in a year. It's just hard to get all that in there, that quickly.
So, at this point, all I can say is, I haven't got a freakin' clue how I did. I feel good enough about my exams that I'll be stunned if I have to repeat any classes, but beyond that, no guesses, really. If you told me I got a C, I wouldn't be shocked. If you told me I got an A, I might be overjoyed, but not shocked.
My worst grade will come in Legal Research and Writing, I'm sure. I can get my memo back, with a point tally, today. Since I'm going back to sell back my books, I'll go ahead and get it. That won't tell me my grade, per se. On Monday, though, the grades for LRW should be posted.
Beyond that, most of the profs have indicated that we should be looking for our grades closer to the January 7th, than sooner.
Funny how expectations have dropped. I started off hoping for a top class rank and transfer to U of M. Then, devolved to hoping for maybe a top 10% class rank. Then, hoping for a 3.3 so I can keep my scholarship. Then, hoping for mostly Bs. Then, just praying I do well enough that I don't have to repeat any classes.
I would like to get a law degree, but won't be doing this if I have to repeat classes. It's just not that important to me.
There are, absolutely, some brilliant people in this class, though. Much smarter than anything I remember. It is somewhat taking me back to my days at the Weatherhead School at CWRU. I'd go in there thinking I was smart and was going to work my balls off, and would end up getting a B in Quantitative Methods, behind a gaggle of engineers. I think it's going to be largely the same experience, here.
I do worry that perhaps I'm just not as sharp as I once was. Motorcycle accidents, age, whatever. I'm probably not working with as much mental horsepower as I once was. Who knows.
I just don't know what I could have done, with one exception, to do better. I knew the law pretty well. My performance wasn't really due to lack of preparation. Perhaps a really good study group would have helped. Who knows. There are just some realities about my situation, with family and all, that make it tough for me to do that sort of thing.
Anyway, last law post until the grades start coming in.
Monday, December 12, 2011
Property Mnemonics
Requirements for Adverse Possession:
Let's say you want adverse possession of an ax you found on the cusp of the arctice cirle railway:
"Ax ON Artcic Cirlce Railway cusp"
A X: Entry must be Actual with Exclusive Possession
O N: Open and Notorious
A C R: which is Adverse Under a Claim of Right,
C U S P: Continuous and Uninterrupted for the Statuatory Period
Rights of Owners? Think of the movie, "My Cousin Vinne". All aspiring lawyers should be able to recite every line in this movie from memory. Especially when the Judge asks about "Two Utes?"
So, remember, 2 UTE
or U U T E
Use
Usefruct
Transferrability
Exclusion
A Bailment transfers right of ownership to one who is not the owner.
Bailment creates R7O. Or ROOOOOOO
Right
Of
Ownership
tO
One
whO is
nOt the
Owner
Duties and Standards of Negligence for Bailments
BEE
MOO
BSG
Bee. Moo. Battle Star Gallactica.
If the Bailment benefits the bailee, he must use extreme care and is liable even for slight negligence.
If the bailment is of mutual benefit, bailee must use ordinary care and is liable for ordinary negligence.
If the bailment benefits the bailor, bailee must use slight care and is liable for gross negligence.
Easier to visualize in a grid.
Along the top row, put: Benefits - Standard of Care - Liable For
Second Row: Bailee - Extreme Care - Even slight negligence (to avoid confusing this with Bailor, think "Bee". Bailee.)
Third Row: Mutual - Ordinary Care - Ordinary Negligence
Fourth Row: Bailor - Slight Care - Gross Negligence
(No real way to memorize this, but contrast with Bailee: Slight care is at the opposite end of the spectrum from Extreme care. Gross Negligence is at the opposite end from Slight Negligence.)
The Four Unities of a Joint Tenancy With Right of Survivorship
TIP IT
Time
Interest
Possession
Instrument/Title
The Five Unities for a Tenancy by Entirety:
Same, but add "Marriage".
Tip Tim?
Time
Interst
Possession
Title/Interest
Marriage
Requirements to Acquire by Finding?
We found an IED under our APC. It was an APC IED.
IED APC
Intent to Exert Dominion
Assert Physical Control
Let's say you want adverse possession of an ax you found on the cusp of the arctice cirle railway:
"Ax ON Artcic Cirlce Railway cusp"
A X: Entry must be Actual with Exclusive Possession
O N: Open and Notorious
A C R: which is Adverse Under a Claim of Right,
C U S P: Continuous and Uninterrupted for the Statuatory Period
Rights of Owners? Think of the movie, "My Cousin Vinne". All aspiring lawyers should be able to recite every line in this movie from memory. Especially when the Judge asks about "Two Utes?"
So, remember, 2 UTE
or U U T E
Use
Usefruct
Transferrability
Exclusion
A Bailment transfers right of ownership to one who is not the owner.
Bailment creates R7O. Or ROOOOOOO
Right
Of
Ownership
tO
One
whO is
nOt the
Owner
Duties and Standards of Negligence for Bailments
BEE
MOO
BSG
Bee. Moo. Battle Star Gallactica.
If the Bailment benefits the bailee, he must use extreme care and is liable even for slight negligence.
If the bailment is of mutual benefit, bailee must use ordinary care and is liable for ordinary negligence.
If the bailment benefits the bailor, bailee must use slight care and is liable for gross negligence.
Easier to visualize in a grid.
Along the top row, put: Benefits - Standard of Care - Liable For
Second Row: Bailee - Extreme Care - Even slight negligence (to avoid confusing this with Bailor, think "Bee". Bailee.)
Third Row: Mutual - Ordinary Care - Ordinary Negligence
Fourth Row: Bailor - Slight Care - Gross Negligence
(No real way to memorize this, but contrast with Bailee: Slight care is at the opposite end of the spectrum from Extreme care. Gross Negligence is at the opposite end from Slight Negligence.)
The Four Unities of a Joint Tenancy With Right of Survivorship
TIP IT
Time
Interest
Possession
Instrument/Title
The Five Unities for a Tenancy by Entirety:
Same, but add "Marriage".
Tip Tim?
Time
Interst
Possession
Title/Interest
Marriage
Requirements to Acquire by Finding?
We found an IED under our APC. It was an APC IED.
IED APC
Intent to Exert Dominion
Assert Physical Control
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