Prop1 Final Exam Grades & Comments

Hello everyone. I apologize for interrupting your summer break with this note. I have submitted grades for Property I.  I am very proud of all of you. On the whole, you nailed it. I put together really difficult fact patterns that were quite open-ended, with the intent that there would be many, many, many correct answers. I thought I had considered all the possible answers, but several of you came up with things I didn’t even think of. Well done.
Additionally, many of you incorporated various concepts we talked about in class that were not in the textbook (such as the Coase Theorem, various natural law concepts, etc.). And one of you correctly used the word “dissental” to characterize Judge Kozinski’s dissent from denial of rehearing en banc in Vanna White v. Samsung. (“The dissental by Kozinski would characterize this as overprotection.”)  I sent a note to Chief Judge Kozinski and he replied, “love, love, love.” I understand that he also added it to his case to persuade Bryan Garner to add word “dissental” to the next edition of Black’s law dictionary (add it alongside “neck doily,” my humble contribution to legal language).
For some comic relief, one of you used the phrase “fiduciary doodie.” I did not take any points off, but I chuckled. Another noted the uncanny resemblance between Bookie (a/k/a Snooki) and Amy Winehouse: “The leopard tights and hair bump could only be Bookie or Amy Winehouse. and Amy is thinner and never went to the gym.”
Finally, despite all of your concerns, almost every single one of you managed to completely answer the question within the word limit. In other words, the differences between the A, B, and C was not due to an inability to write within the word limits.
You can download the exam here.
You can download the A+ paper here. If this is your paper, please drop me a line.
The Grades
First year classes are subject to the school’s mandatory grading curve (see p. 84 of the handbook):
grades assigned in classes of 40 or more students shall conform to a mandatory grading distribution. That distribution provides for a required 9-16 percent for A+/A, a required 16-30 percent for A+/A/A-; a required 16-30 percent for C+/C/C-/D+/D/F; and a required 9-16 percent for C/C-/D+/D/F. The class average shall be 2.85-3.15.
I think you will find that I maximized the grades here. I approached the upper limits of the grades allowed above an A-, and approached the lower limits of grades below C+. In addition, the class average was very close to the upper limit (3.326). In other words, there were many more As than Cs, and the class averages were quite high.
Here is the full breakdown.

Average: 3.136
A and above – 15.2%
A- and above – 27.3%
C+ and below: 22.7%
C and below: 9.1%

Thank you all for a great semester.
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Prop1 Class 26 – Landlord-Tenant Relationships III

The lecture notes are here and the live chat is here.
Here is the apartment at issue in Hilder v. St. Peter at 10 Church Street, Rutland, VT.

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This is Judge Richard Posner. He adjudicates in beast mode.

This is the other beast of the 7th Circuit, Judge Frank Easterbrook.

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Prop1 Class 23 – Landlord-Tenant Relationships I

The lecture notes are here and the live chat is here.
This site explains detail the eviction process in Texas. Here is the section of the Texas code governing evictions and forcible entry.
In Texas, forcible entry without resort to judicial process is illegal. In other words, no self-help.
Sec. 24.001. FORCIBLE ENTRY AND DETAINER. (a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand.
(b) For the purposes of this chapter, a forcible entry is:
(1) an entry without the consent of the person in actual possession of the property;
(2) an entry without the consent of a tenant at will or by sufferance; or
(3) an entry without the consent of a person who acquired possession by forcible entry.
Here is the process governing evictions:
Sec. 24.005.  NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT. (a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days’ written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. A landlord who files a forcible detainer suit on grounds that the tenant is holding over beyond the end of the rental term or renewal period must also comply with the tenancy termination requirements of Section 91.001.

(d)  In all situations in which the entry by the occupant was a forcible entry under Section 24.001, the person entitled to possession must give the occupant oral or written notice to vacate before the landlord files a forcible entry and detainer suit. The notice to vacate under this subsection may be to vacate immediately or by a specified deadline.
(e)  If the lease or applicable law requires the landlord to give a tenant an opportunity to respond to a notice of proposed eviction, a notice to vacate may not be given until the period provided for the tenant to respond to the eviction notice has expired.
(f)  The notice to vacate shall be given in person or by mail at the premises in question. Notice in person may be by personal delivery to the tenant or any person residing at the premises who is 16 years of age or older or personal delivery to the premises and affixing the notice to the inside of the main entry door. Notice by mail may be by regular mail, by registered mail, or by certified mail, return receipt requested, to the premises in question. If the dwelling has no mailbox and has a keyless bolting device, alarm system, or dangerous animal that prevents the landlord from entering the premises to leave the notice to vacate on the inside of the main entry door, the landlord may securely affix the notice on the outside of the main entry door.
(g)  The notice period is calculated from the day on which the notice is delivered.
(h)  A notice to vacate shall be considered a demand for possession for purposes of Subsection (b) of Section 24.002.
(i)  If before the notice to vacate is given as required by this section the landlord has given a written notice or reminder to the tenant that rent is due and unpaid, the landlord may include in the notice to vacate required by this section a demand that the tenant pay the delinquent rent or vacate the premises by the date and time stated in the notice.
And here is a photo and video of the Pierre “Luxury” Apartments in Hackensack, NJ. A 1-bedroom apartment starts at $1845!

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