Multiple Choice Exams

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Multiple Choice Exams

• Academic Success Program
• Professor Suzanne Schmitz
• Professor Alice Noble-Allgire

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• Donor was dying of cancer. She called her
  friend, Emily, to her house and, in the presence
  of two witnesses, pointed to a locked chest in
  the bedroom and said "Emily, I want you to have
  my chest and the diamond jewelry inside it."
  Donor died a few hours later. At the time of
  Donors death, the chest was still in Donors
  bedroom and Emily had done nothing to try to
  retrieve the chest or its contents. Under
  traditional common law principles, the gifts are
• Invalid because there was no delivery.
• Invalid because there was no acceptance.
• Valid because acceptance is presumed for gifts of
  value to the donee.
• Valid because gifts causa mortis do not require
  delivery or acceptance.

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Where to start reading?

• Donor was dying of cancer. She called her
  friend, Emily, to her house and, in the presence
  of two witnesses, pointed to a locked chest in
  the bedroom and said "Emily, I want you to have
  my chest and the diamond jewelry inside it."
  Donor died a few hours later. At the time of
  Donors death, the chest was still in Donors
  bedroom and Emily had done nothing to try to
  retrieve the chest or its contents. Under
  traditional common law principles, the gifts are

4
Some students start with the stem or call of the
question? How would this have helped?

• Donor was dying of cancer. . At the time of
  Donors death, the chest was still in Donors
  bedroom and Emily had done nothing to try to
  retrieve the chest or its contents. Under
  traditional common law principles, the gifts are

5
Use IRAC to analyze the question

• Donor was dying of cancer. She called her
  friend, Emily, to her house and, in the presence
  of two witnesses, pointed to a locked chest in
  the bedroom and said "Emily, I want you to have
  my chest and the diamond jewelry inside it."
  Donor died a few hours later. At the time of
  Donors death, the chest was still in Donors
  bedroom and Emily had done nothing to try to
  retrieve the chest or its contents. Under
  traditional common law principles, the gifts are

6
IRAC on M-C questions

• What is the issue?
• What is the rule of law about gifts?
• List elements of rule in margin
• Apply each element to the facts given in the
  problem
• Reach a conclusion
• Now review the choices

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One more time

• Donor was dying of cancer. She called her
  friend, Emily, to her house and, in the presence
  of two witnesses, pointed to a locked chest in
  the bedroom and said "Emily, I want you to have
  my chest and the diamond jewelry inside it."
  Donor died a few hours later. At the time of
  Donors death, the chest was still in Donors
  bedroom and Emily had done nothing to try to
  retrieve the chest or its contents. Under
  traditional common law principles, the gifts are
• Invalid because there was no delivery.
• Invalid because there was no acceptance.
• Valid because acceptance is presumed for gifts of
  value to the donee.
• Valid because gifts causa mortis do not require
  delivery or acceptance.

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• Sam Studious is a first-year law student. He
  signed a one-year lease, beginning August 1 and
  ending the following July 31, at the Westpoint
  Arms apartment complex. After he moved in, Sam
  discovered that the majority of tenants in the
  apartment complex were undergraduate students who
  held loud parties almost every night. Although
  Sam frequently called the police, the parties
  inevitably resumed a short time after the police
  left the scene. Sam wants to find another place
  to live. Which of the following statements
  correctly describes the landlords rights if Sam
  abandons the premises?
• A. The landlord may accept a surrender, which
  extinguishes Sams liability for future rent but
  may subject him (in some states) to damages for
  anticipatory breach.
• B. The landlord may accept a surrender and re-let
  the premises, collecting the full rent from both
  Sam and the new tenant.
• C. The landlord must mitigate damages by
  re-letting the premises, which would release Sam
  from any further liability.
• D. All of the above.

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Again, try reading the call again. Who is the
focus of the question?

• Sam Studious is a first-year law student. He
  signed a one-year lease, beginning August 1 and
  ending the following July 31, at the Westpoint
  Arms apartment complex. After he moved in, Sam
  discovered that the majority of tenants in the
  apartment complex were undergraduate students who
  held loud parties almost every night. Although
  Sam frequently called the police, the parties
  inevitably resumed a short time after the police
  left the scene. Sam wants to find another place
  to live. Which of the following statements
  correctly describes the landlords rights if Sam
  abandons the premises?

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Note all the terms of art which you must know and
be able to apply accurately and appropriately.

• A. The landlord may accept a surrender, which
  extinguishes Sams liability for future rent but
  may subject him (in some states) to damages for
  anticipatory breach.
• B. The landlord may accept a surrender and re-let
  the premises, collecting the full rent from both
  Sam and the new tenant.
• C. The landlord must mitigate damages by
  re-letting the premises, which would release Sam
  from any further liability.
• D. All of the above.

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• Lenny had a vacant cabin on some hunting
  property he owned. Lennys friend, Tom, was in
  the process of obtaining a divorce and needed a
  place to stay. On January 1, Lenny gave Tom the
  keys to the cabin and said Why dont you stay
  at my cabin for a while? Although Lenny did not
  ask for rent, Tom gave Lenny 300 at the
  beginning of every month. Lenny died on June 15.
  Lennys widow, who inherited Lennys entire
  estate, told Tom to vacate the property
  immediately. Under these facts, a court is most
  likely to find
• That Tom does not have to vacate the premises
  because Lenny gave him a life estate, which lasts
  until Toms death.
• That Tom must vacate the premises immediately,
  because he had a tenancy at will.
• That Tom must vacate the premises by July 31,
  because he had a periodic tenancy.
• That Tom does not have to vacate the premises
  until his divorce is finalized.

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Note because and until why are they
important?

1. That Tom does not have to vacate the premises
   because Lenny gave him a life estate, which lasts
   until Toms death.
2. That Tom must vacate the premises immediately,
   because he had a tenancy at will.
3. That Tom must vacate the premises by July 31,
   because he had a periodic tenancy.
4. That Tom does not have to vacate the premises
   until his divorce is finalized.

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What does the term most likely suggest?

• Under these facts, a court is most likely to
  find

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• Questions 1 through 3 are based on the following
  fact pattern
• When Eugene Bakringle died, he was the owner of
  one hundred acres of undeveloped land called
  Healthacre. His will devised Healthacre to his
  three children Ada, Becky, and Corrine and their
  heirs as joint tenants with right of
  survivorship. All three of them lived in a
  distant state, but after Bakringles death, Ada
  moved onto Healthacre and began cultivating it.
  She grew grain and beans, realizing substantial
  profits from these farming activities almost
  immediately.
• If Becky and Corrine file suit against Ada to
  recover for Adas exclusive use of the property,
  which of the following is the court likely to
  order?
• Ada owes Becky and Corrine rent plus 2/3 of the
  profits from the farm.
• Ada owes rent, but is not required to share
  profits from the farm.
• Ada owes Becky and Corrine 2/3 of the profits
  from the farm, but is not required to pay rent
  unless Ada ousted Becky and Corrine.
• Ada owes nothing to Becky and Corrine unless Ada
  ousted them.

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Would it help to diagram this pattern?

• When Eugene Bakringle died, he was the owner of
  one hundred acres of undeveloped land called
  Healthacre. His will devised Healthacre to his
  three children Ada, Becky, and Corrine and their
  heirs as joint tenants with right of
  survivorship. All three of them lived in a
  distant state, but after Bakringles death, Ada
  moved onto Healthacre and began cultivating it.
  She grew grain and beans, realizing substantial
  profits from these farming activities almost
  immediately.
• If Becky and Corrine file suit against Ada to
  recover for Adas exclusive use of the property,
  which of the following is the court likely to
  order?

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• 2. Assume that Ada installed a swimming pool on
  the property over her sisters objections. Which
  of the following statements best describes Adas
  ability to recover from Becky and Corrine for the
  swimming pool?
• Ada can recover the costs of building the pool,
  but only in a contribution action.
• Ada can recover the costs of building the pool in
  an accounting, but only if she can prove that
  Becky and Corrine used the pool.
• Ada can recover the increased value, if any, that
  the pool has added to Healthacre, but only in an
  accounting.
• Ada cannot recover anything because Becky and
  Corrine objected to the pool.

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Note but only, because

• Ada can recover the costs of building the pool,
  but only in a contribution action.
• Ada can recover the costs of building the pool in
  an accounting, but only if she can prove that
  Becky and Corrine used the pool.
• Ada can recover the increased value, if any, that
  the pool has added to Healthacre, but only in an
  accounting.
• Ada cannot recover anything because Becky and
  Corrine objected to the pool.

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Note assumption is true only for 2

• 2. Assume that Ada installed a swimming pool on
  the property over her sisters objections. Which
  of the following statements best describes Adas
  ability to recover from Becky and Corrine for the
  swimming pool?

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• 3. Assume that shortly after Bakringles death,
  Becky became ill and died. Assume further that
  Beckys will devised her entire interest in
  Healthacre to her sister Corrine. Which of the
  following most correctly states the proportional
  interests that Ada and Corrine would hold as a
  result?
• Ada and Corrine would be tenants in common with
  equal interests in Healthacre.
• Ada and Corrine would be joint tenants with equal
  interests in Healthacre.
• Ada and Corrine would be tenants in common with
  Corrine holding a two-thirds interest and Ada
  holding a one-third interest in Healthacre.
• Ada and Corrine would be joint tenants, with
  Corrine holding a two-thirds interest and Ada
  holding a one-third interest in Healthacre.

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Time to re-read the original fact pattern.
Second assumption.

• 3. Assume that shortly after Bakringles death,
  Becky became ill and died. Assume further that
  Beckys will devised her entire interest in
  Healthacre to her sister Corrine. Which of the
  following most correctly states the proportional
  interests that Ada and Corrine would hold as a
  result?

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Would a diagram in the beginning help now?

• 3. Assume that shortly after Bakringles death,
  Becky became ill and died. Assume further that
  Beckys will devised her entire interest in
  Healthacre to her sister Corrine. Which of the
  following most correctly states the proportional
  interests that Ada and Corrine would hold as a
  result?

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Note most correctly

• 3. Assume that shortly after Bakringles death,
  Becky became ill and died. Assume further that
  Beckys will devised her entire interest in
  Healthacre to her sister Corrine. Which of the
  following most correctly states the proportional
  interests that Ada and Corrine would hold as a
  result?