Right click on file link and select ‘Save Target As’ or ‘Save Link As’ to save the file to your computer.
Or listen to the audio in the browser here:
ASSIGNMENT #3 (Owley’s Property Class Spring 2016)
For assignment #3 on Gifts, you will be completing the assignment outlined in the Medill book pages 13-20. The only difference is that instead of filing out the sheet in the workbook, you will be typing it up and submitting a document via UB Learns. This assignment is due Monday March 7, 2016 at 9am via UB Learns. The assignment asks you to do a “Client Counseling Outline.” This is not a document that you have learned how to draft in your legal research and writing class. Do the best you can with the guidance provided. Adopt a professional tone and think about it as forming the basis for something you might prepare for the client or share with a colleague. There is no need to do any research outside your course materials nor do I expect you to spend more than two hours on it.
You may also find it useful to keep this code of professional conduct in mind when working on the assignment:
A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.
“Fraud” or “fraudulent” denotes conduct that is fraudulent under the substantive or procedural law of the applicable jurisdiction and has a purpose to deceive.
I know that the syllabus says that you should bring your Medill book to class on Monday but I have decided not to use the book. The best way to prepare for the assignment is to study what we have discussed on Found Property.
Right click on file link and select ‘Save Target As’ or ‘Save Link As’ to save the file to your computer.
Or listen to the audio in the browser here:
Right click on file link and select ‘Save Target As’ or ‘Save Link As’ to save the file to your computer.
Or listen to the audio in the browser here:
Q: In the workbook, when it says that Monarch Manufacturing Company paid cash for the property but did not pay for title insurance, does that mean they have title to the land? I assume they received title to the land once they paid for it, but I just want to make sure.
A: Yes. They have title (a piece of paper saying they own the land). They didn’t do title insurance. You can decide whether that information affects your analysis or not
Q: Are we ignoring the part of the assignment in the workbook that says to discuss trespass, as your assignment points only to Adverse Possession [assuming that trespass is inherent in Adverse Possession?]?.
A: I want to answer this in a timely fashion but don’t actually have the workbook in front of me. Follow the instructions as described in the workbook expect as modified by the assignment write up I gave you.
Q: Does concurrent ownership exempts the exclusive possession element in the majority of jurisdictions or just in New York?
A: I am not going to answer that question for you. If you think it is important to figure out, you may consult outside sources like Powell’s on Property or talk to a research librarian for help.
Q: If 2 elements of AP are missing, can we leave our analysis there since one must possess all the elements of adverse possession through the statutory period?
A: You should explain all the elements and evaluate each of them.
Q: Which jurisdiction are we in for assignment one?
A: It is a fictional jurisdiction. That is why you are given the state statute and told that the jurisdiction follows the majority common law rules. If you feel the need to name the state, you can call it Obrian
Q: What email address do we use for the email to Mesa?
A: Doesn’t matter. mesa@monarch.com seems fine.
Q: I just wanted to confirm that I understand the instructions correctly. You want us to explain the adverse possession rule by using cases that are either from the textbook or from our own research. Then you want us to analogize or distinguish those cases to/from our case. Is this correct?
A: Yes. You are in a jurisdiction that follows the majority common law rules (plus the statute provided). Using the textbook you should be able to describe the elements of adverse possession and analyze each of them have been met in this situation. Case law may be helpful to explain elements or help illustrate why some of the elements may or may not be met. Outside research is allowed and encouraged, but you should be able to complete the assignment based on the reading we have done.
Right click on file link and select ‘Save Target As’ or ‘Save Link As’ to save the file to your computer.
Or listen to the audio in the browser here:
