“I have no formula for winning the race. Everyone runs in her own way, or his own way. And where does the power come from, to see the race to its end? From within.”
Chariots of Fire

• Illinois takers--give yourself 1.5 hours for the essay questions and then take a 15 minute break. Go back and take the MPT in 1.5 hours. PDF

• Missouri takers--go ahead and give yourself 3 hours to complete the attached MPTs. PDF

After you complete the exam, you can e-mail your work to me at hramos@siu.edu. Because there is a short time left until the real bar exam, please indicate what essay or MPT you would like my comments on; or if you rather, just ask me for the sample answers.
Good luck!

Heidi Ramos
Assistant Clinical Professor

Today I am posting the final essay and MPT question from this summer’s bar prep program. It has been a pleasure working with those students that participated in the same. Before I set out the problems, I wanted to pass along advice that Professor Johnson has given in the past. You soon will be receiving additional information detailing upcoming events for our graduates.

HOW TO PLAN YOUR FINAL DAYS OF STUDY

FINAL DAYS STUDY PLAN

Now that your bar courses are almost over, you should be putting together your study schedules for the final days before the bar exam. In fact, you may already have a plan in place. If you do, that's great and I encourage you to use what works for you. If you do not, here's some advice as you go through that process:

1. Assess each subject and truthfully say where you are with the subject. This will help you determine how much time to spend on the particular subject during your final study period. Please note that your plan will be to review everything in the final study period. The assessment just tells you how much time you need to spend on each subject to be ready for exam.

2. How should you assess each subject? You can use whatever method works best for you. If you do not have a method, consider asking yourself literally where you are on each subject. Are you there? Are you almost there? Are you nowhere?

There = If the bar exam was tomorrow, you'd feel confident about the subject and your ability to test competently in it. You don't have to be perfect to be "there." But the general feeling should be that you understand the topic and feel good about being able to answer a question on it (essay or multiple choice.

Almost there = You understand the topic, but there are a few aspects of the topic that are still giving you trouble. There are still aspects that you have not memorized and that you are unsure you would be able to spot or write about on the exam. You can see the light at the end of the tunnel, but you need to hone in on a few aspects.

Nowhere = You do not feel confident on the topic because there are several aspects that you do not understand and need to assimilate/memorize before the exam.

For most students, the majority of subjects will fall in the "almost there" pile with a few subjects falling in the other piles. Be honest as to what you feel ready for and what you don't. In this way, you'll make the final schedule that is right for you.

3. Timing. When generating your study schedule, try to organize your review of those topics in terms of the amount of work you need on them (i.e., you'll need more time on a subject you are "almost there" on than one you are "there" on). Try to arrange the schedule so that you have enough time to review all subjects. For instance, there may be some subjects you need to spend half or a whole day on while others could be taken care of in three hours.

4. What should the reviews look like? Think about what you need. Do you still need to memorize? Do you need to work questions? The answer is YES, you do need to work questions! Any review should really include both. Make sure that you are remembering the law (memorizing) and that you know how to use it (working questions). This is pivotal.

Other things to incorporate in your schedule:

A. Don't forget your MPT. If you are still having issues with timing and organization, keep working them. In any event, before you conclude your work on MPTs, make sure you read through all the different types of tasks you could be asked to do. Each one tests the same skills, but you don't want to be "shell shocked" if, during the actual exam, you are given a task you've never practiced before.

B. Essay reverse outlining/writing. You may know the law, but you still may be struggling with when to use it and how much to use. In addition to writing essays, reading over additional essays can help you to overcome this. To do this, read the essay question. Pay attention to the call of the question. Then read the answer. Pay attention to the content of the answer given in response to the question call (i.e., what law is discussed and the order it is discussed in). This will help you to see how issues are tested and what the bar examiners are looking for in asking certain questions.

C. Multiple Choice. Stay sharp here by continuing to work multiple choice problems. Continuing to read the answers will also help you understand how to work the problems and help you in navigating the nuances of the law. If you have run out of questions, there are a few free questions (written by the bar examiners) in the MBE information book and additional questions you can purchase at the NCBEX.ORG website.

Weekend before the bar--If you would feel more comfortable having another round of review after this final review, be sure to save the weekend before the bar to go back through everything. This is not a must but an option to consider.

Other advice on a final days study plan - This is just one method. If you have another that works best for you, that's what you should use. Students, who have passed, have used a variety of methods so don't be afraid to choose what works for you.

More help on this If you need more help on putting a schedule together or if you have any questions or concerns, feel free to contact me. I am available by phone (536-4423), email (hramos@siu.edu), or in person (room 177c in the library).

IF YOU WOULD LIKE ME TO REVIEW YOUR SCHEDULE, PLEASE EMAIL IT TO ME AND I WOULD BE HAPPY TO DO SO.

Essay - Agency and Partnership - Please use the July 2009 Agency and Partnership Question in your essay book. The text of the question is set out below.

Six months ago, Andy, Ben, and Carol executed a document entitled “Metropolitan Limited Partnership Agreement” (“the agreement”). Under the terms of the agreement, Andy, Ben, and Carol were to be “limited partners” in the “Metropolitan Limited Partnership” (“MLP”). The agreement provided that each would contribute $500,000 to the venture, which they each did.
The agreement also provided that Warren would be the “general partner” of MLP, but Warren never signed the agreement.
The agreement further provided that the venture would buy undeveloped land and hold it for development. The land was purchased, and a deed for the land naming MLP as grantee was executed, delivered, and recorded. In the MLP name, Andy, Ben, and Carol also hired a marketing company, Marketing, to develop a campaign to resell the land as “Metropolitan Estates.”

Two Months after the agreement was executed by Andy, Ben, and Carol, Marketing sued MLP, and Any, Ben, and Carol individually, for nonpayment of amounts due to Marketing for services it had provided to MLP. MLP is unable to pay Marketing because the land, its only asset, has substantially depreciated due to an economic downturn.
Immediately after Marketing filed suit, Andy, Ben, and Carol filed a certificate of limited partnership in the name of MLP in the appropriate state office.

Two weeks after the certificate of limited partnership was filed, Zack went onto the land owned in the name of MLP and fell down an uncovered well. Zack died as a result of injuries suffered in the fall. Zack’s estate has filed a wrongful death action against Andy, Ben, and Carol individually.

1. What type of entity is MLP? Explain.

2. Can Marketing recover from Andy, Ben, and Carol personally for the amounts it is owned by MLP? What steps must it follow if it tries to do so? Explain.

3. If Zack’s estate is entitled to damages, can it recover from Andy, Ben, and Carol personally for the wrongful death claim? What steps must it follow if it tries to do so? Explain.

MPT – Please use State v. Robert Baker, July 1998

Thank you for last week's submissions. I am still working on the MPTs, but hope to get them to you in a day or two. This week I picked two "fun" problems. I hope the students that took the Civil Practice Clinic will be excited having a will MPT.

ESSAY - Constitutional Law July 2008

Lex, a nationally prominent criminal defense attorney, has a weekly television show on LNN, a national cable television station devoted to legal news. Lex’s show deals with a variety of legal topics. Lex often uses his show as a platform to argue that adultery should be criminalized. Lex and his wife are both 60 years old.
Scoop is a reporter for News, a nationally distributed newspaper. Scoop received an accurate tip that Lex was engaging in an adulterous affair at a hotel in State X. Scoop then broke into the hotel through a back door, an act constituting trespass under generally applicable tort law, and attempted to get into Lex’s hotel room. Before he could get into the room, however, he was discovered by a hotel employee and escorted out of the hotel. Later that day, while waiting on a public street outside the hotel, Scoop saw Lex get into a car with a young woman who was clearly not Lex’s wife. Scoop took a photograph of Lex and the young woman, who were kissing passionately. Scoop mistakenly thought the woman was Star, a world-famous actress.

Scoop hurried back to the newspaper and wrote a news story that was published with the photograph in News the next day. The story stated that Lex was having an affair with Star and that Lex’s adultery was contrary to the beliefs he advocated on his television show. By coincidence, the next page of the same edition of News featured a separate story about the premiere of Star’s new movie, correctly stating that Start had been in State Y for the entirety of the previous day. Scoop honestly believed that the woman in the photograph was Star, even though most people would have been able to tell from the photograph that this was not the case.

Would the First Amendment preclude liability if:

1. Star sued News for libel on the ground that the news story falsely stated that she was having an affair with Lex? Explain.

2. The hotel sued Scoop for trespass? Explain.

3. Lex sued News for invasion of privacy, claiming that the publication of the news story and photograph disclosed the truthful but highly offensive fact that he had engaged in an extramarital affair? Explain.

---------------------------------

For the MPT From July 1999 material

In Re Emily Dunn

Remember, if you have any problems or concerns, please contact me at: hramos@siu.edu or (618) 536-4423.

• If you haven’t done so before, start timing your answers.
• It’s time to close the books while answering your essay questions.
• Make sure you are practicing your MPTs, so you don’t have any surprises on the bar exam.
• If you haven’t done so, please submit an essay or MPT for me to review.

If you are struggling, please contact me and we can discuss your areas of concern. You can e-mail me at hramos@siu.edu or call me at (618) 536-4423.

It has been brought to my attention that the blog was down for part of last week. So this week I will give you the choice of completing the essay and MPT from last week or this week’s posting:

Please try to limit your time working on the MPT to 90 minutes, and your essay to 30 minutes and follow the character limits for your state.

Essay DUE July 3rd Returned Tuesday, July 8th.
First MPT - DUE July 5th Returned as soon as possible.

Please note that you do not have to do both the essay AND MPT to receive comments. I encourage you to do both, but if you prefer to do only one, that is acceptable.

MPT - IN RE MISTOVER ACRES LLC - Please use the July 2007 MPT material. The text of the MPT WILL NOT be set out below so please consult your materials. OR

MPT – In re Marian Bonner – Please use the July 2004 MPT material. The text of the MPT WILL NOT BE set out below, so please consult your materials.

Essay- COMMERCIAL PAPER- Please use the February 2009 Commercial Paper Question in your essay materials. The text of the question is set out below.

Drawer wrote a check, drawn on Bank, to Payee for $3,000 and delivered the check to Payee as payment for services Payee had performed for Drawer. Before Payee had a chance to deposit the check in her bank account, she was robbed at gunpoint by Thief, who took her handbag with the check in it. After Thief discovered payee’s check in her handbag, he used the examples of Payee’s signature on various pieces of identification inside her wallet to create a perfect forgery of Payee’s signature on the back of the check.
The next day, Thief agreed to buy a used car from Seller for $3,000. Thief offered Seller the $3,000 check stolen from payee as payment for the car. Thief told Seller that his friend Payee, owed him $3,000 and had signed the check over to him so that he could use it to pay for the car. Seller was initially reluctant to take the check in payment for the car. However, Thief showed Payee’s driver’s license to Seller, explaining that Payee had lent him her ID while she was at work. Seller saw that the signature on the check matched the signature on the driver’s license, so he was convinced that Thief was telling the truth and that Payee had negotiated the check to Thief. Acting in good faith, Seller took the check in payment for the car, gave Thief the car keys, and signed the certificate of title over to him. Thief drove off in the car.

The next day, Seller took payee’s check to Bank and tried to cash it, but Drawer had stopped payment on the check after payee had told him that the check had been stolen. Accordingly, Bank’s teller refused to pay the check.

Does Seller have a right to recover the amount of the check from any of payee, Drawer, Bank, or Thief? Explain as to each. OR

Essay - Agency and Partnership - Please use the July 2009 Agency and Partnership Question in your essay book. The text of the question is set out below.

Six months ago, Andy, Ben, and Carol executed a document entitled “Metropolitan Limited Partnership Agreement” (“the agreement”). Under the terms of the agreement, Andy, Ben, and Carol were to be “limited partners” in the “Metropolitan Limited Partnership” (“MLP”). The agreement provided that each would contribute $500,000 to the venture, which they each did.

The agreement also provided that Warren would be the “general partner” of MLP, but Warren never signed the agreement.

The agreement further provided that the venture would buy undeveloped land and hold it for development. The land was purchased, and a deed for the land naming MLP as grantee was executed, delivered, and recorded. In the MLP name, Andy, Ben, and Carol also hired a marketing company, Marketing, to develop a campaign to resell the land as “Metropolitan Estates.”

Two Months after the agreement was executed by Andy, Ben, and Carol, Marketing sued MLP, and Any, Ben, and Carol individually, for nonpayment of amounts due to Marketing for services it had provided to MLP. MLP is unable to pay Marketing because the land, its only asset, has substantially depreciated due to an economic downturn.

Immediately after Marketing filed suit, Andy, Ben, and Carol filed a certificate of limited partnership in the name of MLP in the appropriate state office.

Two weeks after the certificate of limited partnership was filed, Zack went onto the land owned in the name of MLP and fell down an uncovered well. Zack died as a result of injuries suffered in the fall. Zack’s estate has filed a wrongful death action against Andy, Ben, and Carol individually.

1. What type of entity is MLP? Explain.

2. Can Marketing recover from Andy, Ben, and Carol personally for the amounts it is owned by MLP? What steps must it follow if it tries to do so? Explain.

3. If Zack’s estate is entitled to damages, can it recover from Andy, Ben, and Carol personally for the wrongful death claim? What steps must it follow if it tries to do so? Explain.

DELIVERING THE ESSAY/MPT TO ME: You may certainly email either of them to me at hramos@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 177c) or give it to the Clinic receptionist. If you slip it under my door or give it to my receptionist, you should e-mail me and let me know that you have done so.

WRITING OR TYPING: Approach these essays/MPTs (and all your practice essays/MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions/MPTs. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY/MPT: Occasionally, I may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions.

I have been thrilled to see the progress of the graduates that have turned their essays into me on a regular basis. If you feel this service has benefited your bar preparation, please let your classmates know this service is available to them as well.

This week, you can complete a MPT in addition to your essay. Please try to limit your time working on the MPT to 90 minutes, and your essay to 30 minutes.

Essay - DUE June 26th Returned Tuesday, July 1st.
First MPT - DUE June 29th Returned as soon as possible.

Please note that you do not have to do both the essay AND MPT to receive comments. I encourage you to do both, but if you prefer to do only one, that is acceptable.

MPT - IN RE MISTOVER ACRES LLC - Please use the July 2007 MPT - In re Mistover Acres. The text of the MPT WILL NOT be set out below so please consult your materials.

Essay- COMMERCIAL PAPER - Please use the February 2009 Commercial Paper Question in your essay materials. The text of the question is set out below.

Drawer wrote a check, drawn on Bank, to Payee for $3,000 and delivered the check to Payee as payment for services Payee had performed for Drawer. Before Payee had a chance to deposit the check in her bank account, she was robbed at gunpoint by Thief, who took her handbag with the check in it. After Thief discovered payee’s check in her handbag, he used the examples of Payee’s signature on various pieces of identification inside her wallet to create a perfect forgery of Payee’s signature on the back of the check.
The next day, Thief agreed to buy a used car from Seller for $3,000. Thief offered Seller the $3,000 check stolen from payee as payment for the car. Thief told Seller that his friend Payee, owed him $3,000 and had signed the check over to him so that he could use it to pay for the car. Seller was initially reluctant to take the check in payment for the car. However, Thief showed Payee’s driver’s license to Seller, explaining that Payee had lent him her ID while she was at work. Seller saw that the signature on the check matched the signature on the driver’s license, so he was convinced that Thief was telling the truth and that Payee had negotiated the check to Thief. Acting in good faith, Seller took the check in payment for the car, gave Thief the car keys, and signed the certificate of title over to him. Thief drove off in the car.

The next day, Seller took payee’s check to Bank and tried to cash it, but Drawer had stopped payment on the check after payee had told him that the check had been stolen. Accordingly, Bank’s teller refused to pay the check.

Does Seller have a right to recover the amount of the check from any of payee, Drawer, Bank, or Thief? Explain as to each

DELIVERING THE ESSAY/MPT TO ME: You may certainly email either of them to me at hramos@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 177c) or give it to the Clinic receptionist. If you slip it under my door or give it to my receptionist, you should e-mail me and let me know that you have done so.

WRITING OR TYPING: Approach these essays/MPTs (and all your practice essays/MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions/MPTs. If you write, I will gladly accept scanned electronic copies of your essays.
INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY/MPT: Occasionally, I may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

Thank you for your submissions last week. I will try to get them back to you by tomorrow, June 17th.

This week you will have your choice of either of the two following essays (or you can tender both). Please submit your work by Thursday, June 19th.

Essay 1- CRIMINAL LAW/PROCEDURE - July 2009

John, age 18, and Crystal, age 14, walked into the Mini Mart, a convenience store. They wandered around the store for a few minutes and then walked up to the counter. John had his hand in a leather bag. He stared at the store clerk for about 10 seconds and started to sweat. At this point, Crystal began to cry. She said, “I don’t want to do this,” and ran out of the store. John remained for a few more seconds and then ran out of the store himself. The store clerk immediately called 911 and nervously said, “Two kids were about to rob me, but I guess they changed their minds.”

Three days later, the police came to Crystal’s home, where she lives with her parents. The police told Crystal’s mother that Crystal was a suspect in an attempted robbery and that they wanted to search for evidence. Crystal’s mother asked the police if they had a warrant. They said, “No, but we can get one.” Crystal’s mother let the police in.

When the police searched Crystal’s room, they found John’s zipped leather bag in Crystal’s closet. Without first obtaining a search warrant, or asking Crystal’s mother who owned the bag, the police opened the bag and found a gun and printouts of e-mails from John to a friend. The police read the e-mails, which described John’s plans to rob the Minit Mart with the help of his girlfriend, Crystal.

Crystal later confessed that she and John had planned to rob the Minit Mart store, but that she got scared and ran out of the store. She also said that John gave her the leather bag with the gun after they had left the Minit Mart and told her to “get rid of it.”

John was charged with attempted armed robbery of the Minit Mart store. His lawyer filed a motion to suppress the leather bag and its contents on the grounds that the bag was seized and searched in violation of John’s Fourth Amendment rights. The trial court denied the motion, and the issue was properly preserved for appeal.

At John’s trial for attempted armed robbery, the Minit Mart clerk testified to the facts that he had told the police earlier. Crystal also testified for the prosecution, repeating what she had previously told the police. She also said that the leather bag belonged to John, that she and John had planned the robbery together, that she saw John load the gun and put it in his leather bag before they entered the Minit Mart, and that John’s hand was in the leather bag with the gun for the entire time that they were in the Minit Mart. She testified that she “got scared” when she and John were standing at the counter, which is why she ran from the store. She said that when John got into the car after running out of the store, he said, “Well, that went bad,” and then drove away from the store.

After Crystal’s testimony, the prosecution introduced the leather bag, the e-mails, and the gun into evidence. The court admitted all of the evidence over the objection of John’s lawyer.

John presented no evidence.

At the close of the case, the trial court denied both John’s motion for judgment of acquittal and his request for a jury instruction on the defense of abandonment.

The jury convicted John of attempted armed robbery. Did the trial court err:

1. In denying John’s motion to suppress the leather bag and its contents? Explain

2. In denying John’s motion for judgment of acquittal? Explain

3. In failing to instruct the jury on the defense of abandonment? Explain?

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Essay 2 - FEDERAL CIVIL PROCEDURE - February 1995

Foodco, a food processing company, has its place of incorporation and its principal place of business in State A. Foodco relies extensively on an independent distributor, located in State A, to sell its products to restaurants in State A and State B. In addition, the distributor arranges a monthly shipment of Foodco’s sausages to a customer in State C. This sale amounts to less than 5% of Foodco’s monthly sales.

Although it obtains most of its supplies from wholesalers in State A, Foodco frequently orders spices from SpiceCo, located in adjoining State D, by telephoning Spiceco from State A. For several years, Foodco paid its account by check mailed at the end of each month to Spiceco’s office in State D.

For the last three months, Foodco has failed to make payments to suppliers. Its balance with Spiceco has grown to $6,000. After making an unsuccessful demand for payment, Spiceco filed suit against Foodco in a State D trial court. Spiceco attached $5,000 worth of Foodco sausage that had been stored in a warehouse in State D by Foodco’s distributor, pending shipment to the customer in State C. Spiceco then served process on Foodco in State A, informing it of the attachment and of the commencement of the action in State D.

State D statutes permit creditors like Spiceco to institute proceedings by attachment. The statutes permit State D courts 1) to adjudicate claims against nonresidents to the extent of any property located in the state and 2) to assert long arm jurisdiction over nonresident corporations that “transact any business” in the state or fail to perform any contractual obligations with substantial ties to the state. State D courts construe these statutes as authorizing jurisdiction to the full extent permitted by the Due Process Clause of the United States Constitution.

Foodco moved to dismiss the State D action for lack of jurisdiction. In addition to reciting the facts, Foodco supported its motion with an uncontradicted affidavit that no employee of Foodco has ever met with Spiceco in State D.

Should the court grant or deny Foodco’s motion to dismiss? Explain

It has been brought to my attention that some graduates have not studied contracts or real property yet. I'm sorry that those were your only essay choices this week. I have decided to include a third essay option--EVIDENCE.

Since I am not posting this essay until Friday, you can have the weekend to complete the same. Please submit your completed essays by Monday.

The instructions for submitting your essay are in this week's previous entry. Please let me know if we still don't have a topic that you've covered in your bar prep course.

Essay - Evidence - Please use the February 2008 Evidence Question in your essay materials. The text of the question is set out below.

Victor was taken by ambulance to a hospital. Standard hospital practice requires the admitting nurse in the emergency room to record all information provided by a patient about the cause of the patient’s illness or injury. Following that practice, the admitting nurse, Nurse, asked Victor: “What happened?” Victor responded: “I was stabbed with a big knife. Dan did it.” Nurse immediately wrote Victor’s statement in the appropriate place in the hospital record.

One week after his hospital admission, Victor unexpectedly died as a result of the stab wound. Dan was charged with Victor’s murder.

When Victor’s wife, Wife, heard of Dan’s arrest, she was shocked. She told Friend, “When Victor and I were alone together in the hospital, he told me who stabbed him, and it wasn’t Dan!” But Wife refused to tell Friend whom Victor had identified as his assailant.

During the trial, in order to prove that Dan stabbed Victor, the prosecutor offered the hospital record made by Nurse that contained Victor’s statement that Dan stabbed him. The prosecutor cannot locate Nurse to testify at trial. Defense counsel objected to admission of the hospital record and the statements in it, but the court overruled the objection.

During the presentation of Dan’s case, defense counsel suggested that Victor had been attacked by Stepson, Wife’s child by a previous marriage. Defense counsel called Wife as a witness and questioned her concerning Victor’s statement to her about the identity of his assailant. Wife refused to answer on the basis of the marital privilege. The prosecutor objected to the questions directed to Wife on the grounds that they sought to elicit hearsay. The court sustained both Wife’s claim of privilege and the prosecutor’s hearsay objection.

1. Did the trial court err in admitting into evidence the hospital record containing Victor’s statement? Explain.

2. Did the trial court err in sustaining Wife’s claim of privilege? Explain.

3. Did the trial court err in sustaining the prosecutor’s hearsay objection to Wife’s testimony? Explain.

SECOND ESSAY (Please note there are different essays depending on the state and commercial bar prep course you’re using.)

- DUE THURSDAY, JUNE 12

FOR IL BARBRI, THEMIS, KAPLAN
and MO THEMIS and KAPLAN

Essay - REAL PROPERTY - Please use the July 2007 Question in your essay book. The text of the question is set out below.

Owen owned vacant land (Whiteacre) in State B located 500 yards from a lake and bordered by vacant land owned by others. Owen, who lived 50 miles from Whiteacre, used Whiteacre for cutting firewood and for parking his car when he used the lake.
Twenty years ago, Owen delivered to Abe a deed that read in its entirety:

Owen hereby conveys to the grantee by a general warranty deed that parcel of vacant land in State B known as Whiteacre.
Owen signed the deed immediately below the quoted language and his signature was notarized. The deed was never recorded.
For the next 11 years, Abe seasonally planted vegetables on Whiteacre, cut timber on it, parked vehicles there when he and his family used the nearby lake for recreation, and gave permission to friends to park their cars and recreational vehicles there. He also paid the real property taxes due on the land, although the tax bills were actually sent to Owen because title had not been registered in
Abe’s name on the assessor’s books. Abe did not build any structure on Whiteacre, fence it, or post no-trespassing signs.
Nine years ago, Abe moved to State C. Since that time, he has neither used Whiteacre nor given others permission to use Whiteacre, and to all outward appearances the land has appeared unoccupied.
Last year, Owen died intestate leaving his daughter, Doris, as his sole heir. After Owen’s death, Doris conveyed Whiteacre by a valid deed to Buyer, who paid fair market value for Whiteacre. Neither Doris nor Buyer knew of the Owen-to-Abe deed. Both Doris and Buyer believed that Owen was the owner of Whiteacre at the time of his death. Buyer promptly and properly recorded the deed from Doris and immediately went into possession of Whiteacre.
Last month Abe returned to State B. When he discovered Buyer in possession of Whiteacre, he sued Buyer for possession.
State B has enacted the following statutes:

1. Actions to recover possession of real property shall be brought within ten years after the cause of action accrues.
2. No conveyance or mortgage of real property shall be good against subsequent purchasers for value and without notice unless the same be recorded according to law.
Who is entitled to possession of Whiteacre? Explain.
------------------------------------------

FOR MO BARBRI STUDENTS:

Essay - CONTRACTS - Please use the July 2007 Contracts question contained in your materials. The text of the question is set out below.

Baker is a renowned pastry chef. Café, a sole proprietorship, is a well-known restaurant in need of hiring a pastry chef. Baker and Café’s Owner had extensive conversations regarding Baker coming to work at Café. On May 1, a week after those conversations occurred, Baker sent Café a signed letter dated May 1 stating: “I will work for Café as head pastry chef for two years for an annual salary of $100,000.”

On the morning of May 7, Café Owner telephoned Baker and said: “The $100,000 is pretty stiff. Could you possibly consider working for less?” Baker replied: “I am a renowned pastry chef. I will not work for any less!”

Later that morning, Café’s Owner sent Baker a signed letter by regular mail stating: “You obviously think you are too good for my restaurant. I am no longer interested in hiring you to work at Café.”
Later that afternoon, Café’s Owner had a change of heart and sent Baker a registered, express-mail signed letter stating: “Okay, if you really won’t work for less, I agree to pay you the $100,000 a year you demand to work as head pastry chef at Café for two years.”
On May 10, the registered, express-mail letter was delivered to Baker’s office. The regular-mail letter containing the rejection was still on its way. Baker accepted delivery of the registered, express-mail letter from the postal carrier and placed it on his desk without opening it.

On May 11, before Baker read the registered, express-mail letter on his desk, he accepted an offer to work for Restaurant. As a courtesy, Baker called Café’s Owner and said, “Sorry, I just took a job at Restaurant. Too bad you couldn’t afford me.” Café’s Owner responded, “You can’t work for Restaurant, I already accepted your offer to work at Café for $100,000 a year.”
Does Café have an enforceable contract with Baker? Explain

DELIVERING THE ESSAY: You may certainly email it to me at hramos@siu.edu. If you write, you may scan and email it to me or you may fax it to me at (618) 453-8727

WRITING OR TYPING: Approach these essays (and all your practice essays) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY: Occasionally, I may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.

Several other people also became sick after eating lunch, and the Health Department determined that the chicken salad was contaminated with salmonella bacteria. According to the Health Department, raw chicken often contains salmonella bacteria. Although the risk of salmonella contamination cannot be eliminated, proper preparation and cooking can ensure that the chicken is safe for eating. The chicken must be thoroughly cooked, and all utensils or surfaces that come in contact with raw chicken must be thoroughly cleaned with hot water and soap before further use.

The Reading Club had initiated and planned the Library’s first and only fund-raising lunch. Ann, Bill, and Chuck independently volunteered to make the chicken salad. Each made a separate batch of salad, using their own recipes and working individually at their own homes. Another volunteer combined the three batches of salad at Library, and a Library employee sold sandwiches at the lunch. All lunch profits went to Library.

Ann, Bill, and Chuck each purchased their chicken from Supermarket. The chicken was contained in packages labeled with a prominent warning describing the risk of salmonella contamination and the precautions necessary to avoid that risk.

A Health Department spokesperson has said that “Someone who made the chicken salad did not take proper precautions.” Ann, Bill, and Chuck all claim they took the proper precautions.

Paul has consulted an attorney about bringing a tort action against: (1) Library, (2) Supermarket, and (3) Ann, Bill, and Chuck. If Paul can prove only the facts outlined above:

1. Can Library be found liable to Paul under a strict liability theory? Explain.
2. Can Supermarket be found liable to Paul under a strict liability theory? Explain.
3. Can Ann, Bill, and Chuck be found liable to Paul under either a strict liability or negligence theory? Explain.

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PC Mac

PowerPoint

Scheduling and Multiple Choice Workshop Powerpoint

Established to supplement your commercial bar course, SIU School of Law offers assistance in three ways: Workshops, Weekly Essays and Personal One on One Assistance.

The First Workshop will be held on May 21st at 2:00 in room 206. It will focus on Scheduling and Multiple Choice Strategies.

MPT DUE DATE: This MPT will be due on Sunday - February 16th. They will be returned as soon as possible.

Please note that you do not have to do both the essay AND MPT to receive comments. I encourage you to do both, but if you prefer to do only one, that is acceptable.

DELIVERING THE ESSAY/MPT TO ME: You may certainly email it to me at tjohnson@siu.edu. If you prefer to send me a hard copy, slip the paper under my door (room 230) or give it to my secretary (Ms. Carol Manis in room 243). If you slip it under my door or give it to my secretary, you should let me know that you have done that.

WRITING OR TYPING: Approach these essays/MPTs (and all your practice essays/MPTs) in the way that you will for the bar exam. Thus, if you plan to type for the bar exam, then type your answers. If you plan to write, then write your answers to these essay questions/MPTs. If you write, I will gladly accept scanned electronic copies of your essays.

INCLUDE YOUR NAME AND CONTACT INFORMATION ON YOUR ESSAY/MPT: Occasionally, we may have a question about the work you have turned in. Having your contact information helps us to easily get a hold of you if we have any questions about your essay.