CHOOSING YOUR 1L ELECTIVE (@ 7:45) Beethoven Violin Sonatas (Kreutzer & Spring) Itzhak Perlman, Violin & Vladimir Ashkenazy, Piano PERFORMANCES 1973-74.

CHOOSING YOUR 1L ELECTIVE (@

7:45)

Beethoven Violin Sonatas (Kreutzer & Spring)Itzhak Perlman, Violin & Vladimir Ashkenazy, Piano

PERFORMANCES 1973-74

SPRING 2011SECTION C

• Torts (Fenton) MTR 11-12:20

• U.S. Constitutional Law I (Casebeer) MTR 2:00-3:20

• Criminal Procedure (Bandes) MW4:00-5:20

• L.Comm. (8-10 1x/week)

• Elective

SECTION E• U.S. Constitutional Law I

(Corbin) MTR 11-12:20• Criminal Procedure

(Bascuas) MW 2:00-3:20• Contracts (Paulsson)

MTR 4:00-5:20• L.Comm. (8-10 1x/week)

• Elective

CHOOSING YOUR 1L ELECTIVE

The most important decision you will make …


The most important decision you will make on Tuesday.


The most important decision you will make on Tuesday. Maybe.


You are picking one course out of the 20 or so electives you will take

in law school.


You are not picking a spouse.


CHOOSING YOUR 1L ELECTIVE: OPTIONS (LOTS)

• Analysis of Evidence (Anderson/Twining)

• Civil Procedure II (Stefan)• Comparative Law (Wagner)• Environmental Law &

Policy (Williamson)• Family Law (Stewart)

• Financial Accounting (Mundstock)

• Housing Discrimination (Fajer)

• Legislation (Blatt)• Philosophy of Law (Nickel)• Substantive Criminal Law

(Mahoney)

CHOOSING YOUR 1L ELECTIVE: CONSIDERATIONS

• Past Student Evaluations – Check Circulation Desk for Paper (Spring ‘08 & Earlier)– Check with Tent Fellows re Electronic (Fall ‘09-Present)– Read Carefully; Grain of Salt

• Logistical Issues• Substantive Concerns


• Past Student Evaluations • Logistical Issues

– Method of Evaluation– Size of Class (Estimated)– Likely to Be Offered Later?– Non-1L Students in Room?

• Substantive Concerns

CHOOSING YOUR 1L ELECTIVE: METHOD OF EVALUATION

ALL ON FINAL EXAM• COMPARATIVE• FAMILY• FINANCIAL ACCTG• SUBST. CRIM.

OTHER METHODS + EXAM• ANALYSIS: 2 BIG PROJECTS• CIV PRO II: PROJECT & QUIZ• ENVIRONMENTAL: 2 PROJECTS• HOUSING: 4-5 SHORT ASSMTS• LEGISLATION: 1 WRITTEN ASSMT• PHILOSOPHY: MIDTERM &

PAPER

CHOOSING YOUR 1L ELECTIVE: SIZE OF CLASS (TENTATIVE)

IN BIG ROOMS• ANALYSIS• CIV PRO II • FAMILY• FINANCIAL ACCTG• SUBST. CRIM.

SMALLER CAPS• COMPARATIVE (uncertain)• ENVIRONMENTAL (25)• HOUSING: (60)• LEGISLATION: (35)• PHILOSOPHY: (8-10)

CHOOSING YOUR 1L ELECTIVE: HOW FREQUENTLY OFFERED?

EVERY SEMESTER•CIV PRO II •FAMILY•SUBST. CRIM.

EVERY YEAR•COMPARATIVE•ENVIRONMENTAL*

SOMETIMES UPPER LEVEL•FINANCIAL ACCTG•HOUSING•PHILOSOPHY??

USUALLY 1L ONLY•ANALYSIS •LEGISLATION

CHOOSING YOUR 1L ELECTIVE: non-1Ls IN THE ROOM?

ALL 1Ls•ANALYSIS •CIV PRO II •FAMILY•FINANCIAL ACCTG•LEGISLATION•SUBST. CRIM.

•*

SOME UPPER LEVEL•COMPARATIVE •HOUSING

OTHER DEPTS•ENVIRONMENTAL•PHILOSOPHY


• Past Student Evaluations • Logistical Issues• Substantive Concerns (Course by Course)

– Prerequisite/Introduction to Other Courses– Particular Skills– Fit Into Career Goals (see advice on my home page)

ANALYSIS OF EVIDENCE (ANDERSON/TWINING)Inferences & Proof of Facts

• Meets Evidence prerequisite for Litigation Skills; Prof. Anderson uses to help choose students for trial teams

• Especially helpful for litigation, but analytic skills help everywhere; some intro to evidence rules on bar exam (but most students take Evidence)

• Anderson & Twining team teach, together and in break-out groups

CIVIL PROCEDURE II (STEFAN)

Continuation of Civ Pro I• Helpful Generally for Upper Level Non-Criminal

Courses • Probably should take at some point if considering

non-criminal litigation• Stefan used to teach here; superb teacher and

litigator with specialty in Mental Health Law

COMPARATIVE LAW (WAGNER)

Compare Legal Systems (Civil/Common Law)• Now in a Very Small Room; He’s Trying to Move • Helpful Intro to Comparative/Int’l Courses• Good course for int’l careers and for gen’l

understanding of law

Environmental Law & Policy (Williamson)

Complex Statutes; Not Trees & Squirrels• Intro to Upper Level Environmental Courses• This course = Intro to major environmental

statutes, plus some introduction to International Law. More policy than basic intro course + interaction with graduate students from other depts.

• Field is relevant to public interest, gov’t, or business advising practice

FAMILY LAW (STEWART)

Basic Intro to Important Area of the Law• Marriage & Divorce; Child Custody, Visitation

& Support; Non-Traditional Families• Helpful Background for Other Practice Areas:

E.g., Tax; Estate Planning; Criminal Law• Prof. Stewart works in Children & Law Clinic;

likely very practical approach

FINANCIAL ACCOUNTING FOR LAWYERS (MUNDSTOCK)

Intro to Accounting (Legal Perspective)• Helpful Intro to Financial Statements and Business

Law for Students w/o Business Background• Can’t Take as 1L if More Than One Prior

Accounting Course• Prof. Mundstock is Quirky and Very Funny

LEGISLATION (BLATT)

Intro to Techniques for Working With Statutes• Really Useful for Wide Variety of Practice Areas

Focused on Complex Statutes (E.g., Bankruptcy; Civil Rights; Commercial Law; Communications; Environmental; Intellectual Property; Tax)

• Prof. Blatt Involves Virtually All Students in Every Class

PHILOSPHY OF LAW (NICKEL)Philosophy as Tool to Explore Legal System

& Moral/Legal Issues• Opportunity to Get Some Perspective on Issues Raised by

Law School Through Lens of Another Discipline & Including Voices of Non-Law Students

• Really only opportunity to participate in discussion seminar and do extensive reading in non-legal materials.

• Prof. Nickel in both Law School & Dept. of Philosophy• Only class that doesn’t meet WF 11:00-12:20

SUBSTANTIVE CRIMINAL LAW (MAHONEY)

Elements of Crimes & Defenses • Intro/Prereq to Upper Level Crim Electives;

Good Synergy with Crim. Pro.• Many Students Go Into Criminal Law, But

Comes Up in Every Area of Practice, Notably Business Law (e.g., Antitrust, Securities), Family Law, Immigration, Sports Law

• Prof. Mahoney is a popular 1L teacher with strong interest in Public Interest Lawyering

HOUSING DISCRIMINATION (FAJER)

Legal Responses to Housing Discrimination & Segregation

• Intro to Civil Rights Statutes & Policy, Especially re Race and Disability

• Lot of Exercises Providing General Intro to Working with Statutes (Less Thorough/More Focused than Legislation)

• Operation of Class Mostly Similar to Property; Might Consider Trying Out New Profs Before Taking Me Again.

CHOOSING YOUR 1L ELECTIVE: LOGISTICS

• Registration Time & Significance– Check MyUM Before Registration Time

• Learn the Procedures• Wait Lists & Add/Drop

CHOOSING YOUR 1L ELECTIVE:

QUESTIONS?

ASSIGNMENT #3

• Due Tuesday/Wednesday Next Week• Defining & Using Technical Terms• Order of Presentation:

– Help Reader Understand What Would Occur– Can Do Statutes in Order IF You Think That Helps

• Questions?

FINAL TEST NOTES: SUBSTANCE• Mostly Repetition/Slight Alteration of Old Qs• Read Carefully

– Positives & Negatives– Changes from Old Qs

• Arguments Supporting– Must be correct– Must logically support position

FINAL TEST NOTES: PREPARATION• Do Old Qs & Check Answers

– Try to do at least one of the complete tests under exam conditions

– Look hard at the questions that are slight variations on the same grant.

– Check with me if answers/explanations don’t make sense

• Run the slides when tired/worn out

FINAL TEST NOTES: LOGISTICS

• Office Hours (Location & Time on Course Page)– Today: Afternoon & Evening– Tomorrow: Morning & Evening

• All Contact Stops 9 p.m. Tomorrow• Room Assignments on Course Page• Test Starts at 8:00; Plan to Arrive 15+ Minutes

Early• Bring Number 2 PencilsBring Number 2 Pencils

FINAL TEST NOTES: EMERGENCIES

If something occurs that prevents you from taking test on time: Talk to Deans of Students, NOT ME

If a problem arises in exam room: Talk to Registrar or Deans of Students, NOT ME

RETURN TO 7O

http://en.wikipedia.org/wiki/File:Wheat_Thins_(Cinnamon).jpg

(7O): 1st QUESTION: ARGUMENTS?

“To my wife Edith, for her use & benefit, so long as she remains unmarried.”

Life estate determinable or fee simple determinable?

(7O): 1st QUESTION: ARGUMENTS?“To my wife Edith, for her use & benefit, so

long as she remains unmarried.” Life estate determinable or fee simple determinable?

• Presumption of Fee Simple• Use and Benefit Sounds Like Life Estate• Condition is Consistent with Intent to Support• Reasonable to Think Archie would try to Protect Gloria

(not Edith’s daughter)

(7O): 1st QUESTION• “To my wife Edith, for her use & benefit, so long as

she remains unmarried.”• Majority: E = Fee Simple Determinable • A G? (Remaining Future Interest in Archie

passed to Gloria through residuary clause in will)

(7O): 1st QUESTION• “To my wife Edith, for her use & benefit, so long as

she remains unmarried.”• Majority: E = Fee Simple Determinable • A G = Possibility of Reverter

(7O): 1st QUESTION

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”

• Some: E = Life Estate Determinable • A G ?

REVIEW: DEFEASIBLE FINITE ESTATES

Can create conditions cutting off finite estates, yielding, for example:

• Life Estate Determinable• Term of Years on Condition Subsequent• Life Estate on Executory Limitation

Defeasible Finite Estates: Example (7H): Thelma "to Louise for 99 years if Louise so long live."

Louise: Term of years determinable.Thelma: Possibility of Reverter +

Reversion =Reversion (Merger)

(7O): 1st QUESTION

• “To my wife Edith, for her use & benefit, so long as she remains unmarried.”

• Some: E = Life Estate Determinable • A G = Possibility of Reverter +Reversion =

Reversion (Merger) (See Problem 7H)

(7O): 1st QUESTION: RECAP• Edith’s Interest

– Majority: E has F.S. Determinable– Some: E has Life Estate Determinable

• Gloria holds future interest through residuary clause

(7O): 2d QUESTION: ARGUMENTS?

• Is condition restraining second marriage void as against public policy?

(7O): 2d QUESTION: Recap

• Is condition restraining 2d marriage void as against public policy?

• Policy Discussion: A’s right to control property v. E’s right to control her life

• Probably more likely OK if seen as just life estate for support

(7O): 2d QUESTION

• Is condition restraining 2d marriage void as against public policy? Result:–If not void, nothing changes–If void, pencil out condition

(7O): 2d QUESTION

• If condition void, pencil out condition

–“To my wife Edith, for her use & benefit, so long as she remains unmarried.”

(7O): 2d QUESTION

If condition void, pencil out condition– “To my wife Edith, for her use & benefit.”

• Majority: E = Fee Simple Absolute• Some: E = Life Estate + G = Reversion

What Happens when E dies?

(7O): 2d QUESTION

If condition void, pencil out condition: “To my wife Edith, for her use & benefit.”

Majority: E = Fee Simple Absolute Edith Dies?

(7O): 2d QUESTION


Majority: E = Fee Simple Absolute Edith Dies? S= Fee Simple Absolute

(7O): 2d QUESTION


• Some: E = Life Estate + G = Reversion Edith Dies?

(7O): 2d QUESTION


Some: E = Life Estate + G = Reversion

Edith Dies G = Fee Simple Absolute

(7O): 3d QUESTION:ARGUMENTS?

• Is cohabitation a violation of a restraint on marriage? (Only need to resolve if condition is valid).

(7O): 3d QUESTION• Is cohabitation a violation of a restraint on

marriage?– If yes, Gloria gets fee simple absolute.– If no (Restatement position) nothing changes

(7O): E Dies, Condition Valid, No Violation

“To my wife Edith, for her use & benefit, so long as she remains unmarried.”– Some: E = Life Estate Determinable – G = Possibility of Reverter +Reversion =

Reversion (Merger)– Who Gets?


“To my wife Edith, for her use & benefit, so long as she remains unmarried.”– Some: E = Life Estate Determinable – G = Possibility of Reverter +Reversion =

Reversion (Merger)G = Fee Simple Absolute


“To my wife Edith, for her use & benefit, so long as she remains unmarried.”– Majority: E = Fee Simple Determinable

– G = Possibility of Reverter– Who Gets?


“To my wife Edith, for her use & benefit, so long as she remains unmarried.”– Majority: E = Fee Simple Determinable – G = Possibility of Reverter

–S = Fee Simple Absolute • Edith Can’t Remarry After Death • Thus Condition Can Never Occur• So Condition Effectively Disappears

Qs on 7O?

Review pRoblem 7P: OATS

Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35, to Marni.”

AMBIGUITIES/QUESTIONS?

Review pRoblem 7P

R “to S for life, then to my heirs, but should S marry before she turns 35, to M” Ambiguities:

• R alive or dead?• M’s interest intended to cut off life estate?• Condition void?• Today or “At Common Law”?

(7P) AMBIGUITIES

• R alive or dead?• M’s interest intended to cut off life estate?• Condition void?• Today or “At Common Law”?

(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she

turns 35, to Marni.”

• R alive or dead: Why matters?

(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns

35, to Marni.” • R alive, “to my heirs” = contingent remainder• R dead, “To my heirs” = vested remainder

subject to divestment.

(7P) AMBIGUITIES

• R alive or dead?

• M’s interest intended to cut off life estate?

• Condition void?• Today or “At Common Law”?

(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns

35, to Marni.”

M’s interest cut off life estate? Arguments ?

(7P) R “to S for life, then to my heirs, but should S marry before she turns 35, to M.”

• M’s interest cut off life estate? – punishes S for early marriage– discourages fortune hunters– maybe concern w Stacy support for Marni– no “then to Marni”

• BUT: could have placed right after life estate• Could check for other facts (ages of S&M) (!)

(7P) AMBIGUITIES

• R alive or dead?• M’s interest intended to cut off life estate?

• Condition void?• Today or “At Common Law”?



• Partial Restraint on Marriage: OK to Postpone Marriage Until 35?


Partial Restraint on Marriage OK?• Probably OK if only effects remainder (no harm to S)• Check S’s age

– Not much effect if S is 33– Bigger deal if S is 17 or engaged to be married soon

• If void, pencil out interest to MIf void, pencil out interest to M

(7P) AMBIGUITIES

• R alive or dead?• M’s interest intended to cut off life estate?• Condition void?

• Today or “At Common Law”?



At Common Law or Today: Why Matters?

(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35, to Marni.”

• At Common Law: M’s interest presumed to be in Life Estate

• Today: M’s interest presumed to be in fee simple absolute

“At Common Law” v.

“Today”

Default Estate

“At Common Law” v. “Today”

Life EstateMust use “and M’s Heirs”

to create fee simple.

Fee Simple

“to X and the Heirs of his Body”“At Common Law” v. “Today”

Created a Traditional

Fee Tail

Traditional Fee Taileliminated;

state statutes provide

different results when

this language used

Doctrine of Destructability of Contingent Remainders

“At Common Law” v. “Today”

Appliedeverywhere

Eliminated in allstates except

Florida

(7P) Renee conveys “to Stacy for life, then to my heirs, but should Stacy marry before she turns 35, to Marni.”

Work Through Decision Tree:One Example


• Example: Condition void, Renee alive, today.

–S?


• Example: Condition void, Renee alive, today, DWT inapplicable.

–S: Life Estate–R’s Heirs?


• Example: Condition void, Renee alive, today, DWT inapplicable.– S: Life Estate

–R’s Heirs: Contingent Remainder in F.S.–R?


• Example: Condition void, Renee alive, today, DWT inapplicable.– S: Life Estate– R’s Heirs: Contingent Remainder

–R: Reversion–M?


• Example: Condition void, Renee alive, today– S: Life Estate– R’s Heirs: Contingent Remainder– R: Reversion

–M: Nothing

(7Q) (RICE)Xaviera, in her valid will: “I grant Brothelacre to Betsy if it continues to be used as a house of prostitution, but if not, my heirs can take it. I leave the rest of my property to my

friend Phil.”

Xaviera was survived by no issue or spouse, but by her mother, Yvonne. Betsy later closed the existing brothel and

replaced it with an ad agency.

(7Q) : X: “I grant Brothelacre to B if continues to be used as house of prost., but if not, my heirs can take

it. I leave the rest of my property to friend P.” X survived by mother, Y. B closed brothel and opened

ad agency.

AMBIGUITIES?

(7Q) : X, in valid will: “I grant Brothelacre to B if continues to be used as house of prost., but if not, my heirs can take it. I leave the rest of my property to friend P.” X survived by mother, Y. B closed brothel

and opened ad agency.

AMBIGUITIES?• Condition Valid?• Heirs take automatically v. must act• Ad agency violate grant?



NOT AMBIGUITIES• Common Law v. Today (Ad Agency)• Who is X’s “heir”: Y not P



AMBIGUITIES?• Condition Valid? If in Nevada or other

jurisdiction where prostitution legal.



AMBIGUITIES?• Heirs take automatically v. must act?

(7Q) : X, in valid will: “I grant Brothelacre to B if continues to be used as house of prost., but if not, my heirs can take it.”

Automatically• Single Purpose• Time Language

Must Act• Two Clauses• “can take it”• Presumption

(7R) (RICE)R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J

and his heirs if J reaches 35.” C on land writes novels & does deals on phone.

C dies; J is not 35

VERY HARD (ESPECIALLY IF ESSAY Q)!!Multiple Variations in Old Tests

(7R) R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J and his heirs if J reaches 35.”C on land writes novels & does deals on phone. C

dies; J is not 35

AMBIGUITIES?

(7R) R: “to C for his support and benefit so long as the property is not used for commercial purposes, then to my nephew J and his

heirs if J reaches 35.” C on land writes novels & does deals on phone. C dies; J is not 35

AMBIGUITIES

• Life Estate or Fee?• Condition Violated by Writing/Deal-Making?• When Does J’s Interest Take Effect?• Destructibility Apply?

Note: No Ambiguity re Today v. Common Law

C writes novels & does deals

on phone.(Cf. medical school or law school, which go

back to medieval Europe)



AMBIGUITIES

• Life Estate or Fee? – Arguments



• Life Estate or Fee? – “support & benefit” v. presumption of fee– “then to J” looks like remainder– Check age of J (more likely fee if J very young)– Is condition just on C (more likely life estate) or on whoever

owns the land (more likely fee)?– Check relationship between R & C: any reason to think it’s a

support life estate?

PROBLEM 7S (OATS)• T (in will): “to the Holy Shrine Church to be

used for church purposes, but if not, to my son D if he is still living.”

• Use of Property:– Parking Lot– Empty for Several Months– Winter Homeless Shelter Run by Parishioner

• D dies & leaves interest to J



AMBIGUITIES?



AMBIGUITIES?• Is limit on HSC supposed to survive D? • Is Dick’s interest self-executing or did he have

to act to retake the property?

PROBLEM 7S (OATS): T (in will): “to the Holy Shrine Church to be used for church purposes, but if not, to

my son D if he is still living.”

• Use of Property Violate Grant?:– Parking Lot– Empty for Several Months– Winter Homeless Shelter Run by Parishioner

FIN

CHOOSING YOUR 1L ELECTIVE (@ 7:45) Beethoven Violin Sonatas (Kreutzer & Spring) Itzhak Perlman, Violin & Vladimir Ashkenazy, Piano PERFORMANCES 1973-74.

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