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Messages - dft

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31
Studying and Exam Taking / Real Estate Transactions Hypo/Question
« on: May 02, 2006, 02:51:16 AM »
Go easy on me. We covered real estate in a week:

Seller sells the property to Buyer 2 illegimately after he has signed the OTP and the PSA with Buyer 1. Buyer 1 will sue Seller for breach of the PSA, but since the OTP is now considered a binding contract in most states, can Buyer 1 theoretically sue for breach of both the PSA AND the OTP (not that the result matters anyway because he can sue for breach of the PSA anyway)?

32
General Board / Re: Gilbert vs. E&E
« on: May 02, 2006, 02:49:00 AM »
Depends on the subject.

The recommendations in Law School Confidential are pretty solid:

Contracts - Emanuels
Torts - Gilberts; E&E
Property - Gilberts
Civ Pro - Emanuels; E&E
Con Law - Emanuels
Crim Law - Gilberts

I strongly agree with E&E on Civ Pro and Contracts Emanuels (and probably Emanuels Con Law as well -- haven't had much time to use it though). Torts E&E and Gilberts are good, not amazing though). The rest are decent. Many people rave about Gilberts Property but my prof's teaching doesn't coincide well with it.

It depends a lot on your prof. Some profs teach pretty much straight from a hornbook.

33
Studying and Exam Taking / Re: Finals
« on: April 30, 2006, 08:41:32 PM »
damn. my property final is on wednesday and its FIVE credits. we have to know so much stuff its insane.

34
This is what the E&E says:

If the breach is total and material, the non-breaching party may:
(1)   withhold performance;
(2)   terminate; and
(3)   claim full damages for breach.

However, if the breach is material but not total, the non-breaching party may:
(1)   suspend performance;
(2)   await cure; and
(3)   claim compensation for any loss suffered.

Because most promise exchanged in a contract are dependent, each party’s performance is an express, implied, or constructive condition of the other party’s duty to perform.

Therefore, if one party materially breaches his performance obligation, this is not only a breach of the promise, but also the non-fulfillment of the condition to any performance may not yet have been rendered by the other party.

This is why a total and material breach permits the victim to withhold any performance that he has not rendered.

If the breach is not material (i.e. there is substantial performance), the nonbreaching party may only claim compensation for any loss suffered.

35
Studying and Exam Taking / Re: Finals
« on: April 27, 2006, 11:46:17 PM »
First in time, first capture, finders rights in general, marital estates, anything and everyone on easements and covenants (we spent a month on these two things alone), nuisance, eminent domain and regulatory takings, and everything we did on zoning (which was quite a bit)

I could have missed the first 3 weeks of class, and stopped going and doing the reading after the first or second week of march.

that's weird. i may ask you about this later when i have more time.

36
General Board / Re: We're almost done with 1L year!
« on: April 27, 2006, 11:39:44 PM »
congratulations...the hardest year is over.  next comes the busiest year...you *think* you had a lot to do this year; you're mistaken.

the whole "scare you to death," "work you to death," "bore you to death" saying is spot-on. :)

but congrats on getting through!

wrong. 2L's a joke. at least my schedule (for next semester) is.

37
Studying and Exam Taking / Re: Finals
« on: April 27, 2006, 03:51:44 PM »
Nope.  No easements. No covenants.  (and me and many of my classmates wasted time figuring them out and memorizing them)

It was adverse possession, landlord tenant/joint tenants, and future interets.

We had heard that his exams were borderline "unfair" but I don't think anyone expected this.  Oh well.  It's over and done, and I have 3 more to go. :-\

What topics did your prof exclude?

38
These are great!!!  Thanks for all of your help...

No prob. Thank my prof. The E&E is good too.

39
Studying and Exam Taking / Re: Finals
« on: April 27, 2006, 01:19:10 PM »
Nope.  No easements. No covenants.  (and me and many of my classmates wasted time figuring them out and memorizing them)

It was adverse possession, landlord tenant/joint tenants, and future interets.

We had heard that his exams were borderline "unfair" but I don't think anyone expected this.  Oh well.  It's over and done, and I have 3 more to go. :-\

Wow, interesting.

Well, it could have been worse: your exam could have been like the one that was given at Duke, where the only question on the final exam was (assuming this anecdotal story is true), "The words 'if not, then' in the context of the Rule Against Perpetuities. What do you have to say about that?"

haha

40
General Board / Re: "Getting to Maybe"
« on: April 27, 2006, 11:46:27 AM »
I've suggested this elsewhere, but...

GTM is pretty much useless in terms of exam-writing technique. It may be somewhat useful in that it may give you some insight into law exams in general and what professors are looking for, but it probably is not worth reading unless you're interested in reading more on the subject. I got it for free and I was interested in hearing a different perspective on law exams, so I read it. I don't regret reading it.

Having read several exam-writing books, I can say with confidence that if you're looking for exam-writing technique, the best thing out there, hands down, is LEEWS. Even so, LEEWS itself is not going to guarantee you an "A." I have to echo what others have said here and say that the single most helpful thing you can do is PRACTICE EXAMS. Nothing can substitute for that; not LEEWS, GTM, or anything else really.

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