It's here - your first essay of the week for SIU's 2013 summer supplemental bar program! Please read and follow the directions below.
ESSAY DUE DATE: This essay will be due on this coming Thursday - June 6th. Essays with comments and rubrics will be returned to you by Tuesday, June 11th via email.
DELIVERING THE ESSAY 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 my secretary, you should let me know that you have done that.
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, 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.
BARBRI/KAPLAN STUDENTS (THEMIS students scroll down for your essay directions)
Essay - TORTS- Please use the February 2009 Torts Question in your essay book. The text of the question is set out below.
Penny lives in an apartment on Oak Street across from the Fernbury Baseball Park (“the Park”). The Park is owned and maintained by the Fernbury Flies, a professional minor league baseball team. As she left her apartment building one day, Penny was struck in the head by a baseball that had been hit by Dennis, a Flies player, during a game.
The section of Oak Street that adjoins the Park was once lined with single-family homes. Over the past two decades, these homes have been replaced by stores and apartment buildings, causing an increase in both car and pedestrian traffic on Oak Street.
The ball that struck Penny was one of the longest that had been hit at the Park since its construction 40 years ago. During the last 40 years, Flies’ records show that only 30 balls had previously been hit over the Park fence adjoining Oak Street. Fifteen of the balls hit out of the Park onto Oak Street were hit during the past decade.
The Park is surrounded by a 10-foot-high fence, which was built during the Park’s construction. All other ballparks owned by clubs in the Flies’ league are surrounded by fences of similar type and identical height. These fences are typical of those used by other minor league teams in the United States. However, in Japan, where ballparks are often located in congested urban neighborhoods, netting is typically attached to ballpark fences. This netting permits balls to go over a fence but captures balls before they can strike a bystander or car.
After being struck by the ball, Penny was taken by ambulance to a hospital emergency room. After tests, the treating physician told Penny that she had suffered a concussion. The physician prescribed pain mediation for Penny. However, because of a preexisting condition, she had an adverse reaction to the medication and suffered neurological damage resulting in the loss of sensation in her extremities.
Penny has sued Dennis, the player who hit the baseball that struck her, for battery and negligence. Penny has also sued the Fernbury Flies. She seeks to recover damages for the concussion and the neurological damage resulting from the medication.
1. Does Penny have a viable tort claim against Dennis? Explain.
2. Does Penny have a viable tort claim against the Fernbury Flies? Explain
THEMIS STUDENTS
Essay - PROPERTY - Please use the February 2009 Property Question in your essay materials. The text of the question is set out below.
Several years ago, Parent, the record owner of a farm in fee simple absolute, conveyed the farm as a gift “jointly in fee to my beloved daughters, Jessie and Karen, equally, to share and share alike.” Parent delivered the deed to Jessie and Karen. The deed was never recorded.
Two years ago, Jessie borrowed $60,000 from Credit Union, securing the loan by granting Credit Union a mortgage on her interest in the farm. Credit Union properly and promptly recorded the mortgage.
Six months ago, Jessie validly contracted to sell her one-half interest in the farm for $90,000 to Buyer, who was very anxious to acquire Jessie’s interest. Buyer paid Jessie $40,000 as earnest money and agreed in the contract to accept a deed with no warranties of any kind and to accept the title regardless of whether title was marketable. Buyer had no actual notice of the mortgage Jessie had granted to Credit Union.
Two months ago, before closing the sale with Buyer, Jessie died, survived by Karen. At the time of Jessie’s death, the loan secured by Credit Union’s mortgage was still outstanding. Jessie’s will provided: “I give all my real property to Devisee and all of my personal property to Legatee.” Both Devisee and Legatee survived Jessie.
Last month, the executor of Jessie’s estate executed a deed purporting to convey a one-half interest in the farm to Buyer in exchange for the balance of the purchase price.
The jurisdiction has a notice-type recording statute and a grantor-grantee index system.
Did Parent convey the farm to Jessie and Karen as “tenants in common” or as “joint tenants with right of survivorship”? Explain.
Assuming Jessie and Karen acquired a joint tenancy with right of survivorship in the farm, what are the rights, if any, of Karen, Credit Union, and Buyer in the farm? Explain.
Assuming Jessie and Karen acquired a joint tenancy with right of survivorship in the farm, who is entitled to the balance of the purchase price Buyer paid the executor of Jessie’s estate? Explain.