Northwestern California University School of Law

Final Exam

1. Put your name on the first page of each exam answer. 2. Each exam answer must start on a new page. 3. Your answer should be in a full narrative essay with much detail, using IRAC

format.

Real Property_

Son has been helping Dad on the family farm for his entire life. However,_ now ~e is about to get married and it is time for him to have his own farm. Dad realize~ this, and as he has always said, he is more than willing to give Son a hand … but not a gift.

One day Dad proposes that Son pay him $2,000 per month for the ~O acres ?elo~ the creek, and after 30 years, they will be his. Dad and Son embrace with tears m their eyes, and the next day Son gives Dad $2,000 in cash.

The following week, Son borrows some of Dad’ s equipment, and with some help from Dad, a house is built and made ready for Son and his new bride. Things are going well, and Son continues working for Dad, as well as working on his own place. Son frequently has Dad deduct the $2,000 payment from Son’s wages.

However, times get rough and Dad has to mortgage his farm, which he does. Unfortunat~Iy there is no mention of Son’s 40 acres in Dad’s mortgage paperwork, and when Dad 1s unable to keep up his payments, Bank tries to foreclose on the entire farm including Son’s 40 acres. ‘

As Son’ s lawyer, what arguments will you need to consider?

Northwestern California University School of Law

Final Exam

1. Put your name on the first page of each exam answer. 2. Each exam answer must start on a new page. 3. Your answer should be in a full narrative essay with much detail, using lRAC

fonnat.

Remedies

In an effort to increase the caliber of his herd, Ron agrees to purchase Schooner, a champion race horse, from Barbara. While it is well known that Schooner has an injured leg and will no longer be able to race, Ron’s only interest in Schooner is for breeding purposes.

While the necessary papers are being drafted to memorialize the transaction, Barbara’s granddaughter, Lexi, falls in love with Schooner. Barbara notifies Ron that she will not sell Schooner to him after all, but that she will be happy to sell Steamboat for ten percent less than their agreed price for Schooner. Barbara also tells Ron that Steamboat’s credentials as a race horse are similar to, if not better than, Schooner’s.

Ron realizes how important Barbara’s granddaughter is to her, and he feels confident that the original agreement to purchase Schooner is enforceable. So Ron demands that Barbara lower the price for Steamboat by another ten percent, or he will not only sue for specific performance, but he will seek to have her enjoined from selling either horse.

What issues, relating to remedies, are raised by these facts, and how will they most likely be resolved?

Northwestern California University School of Lnw

Final Exam

1. Put your name on the first page of each exam answer. 2. Each exam answer must start on a new page. 3. Your answer should be in a full narrative essay with much detail, using IRAC

fonnat.

Criminal Procedure

On Halloween, Deft and several of his college friends are on their way to a party, dressed as skeletons. As they drive past Officer, Deft makes an obscene gesture, and Officer gives chase. Seeing the flashing red lights behind him, Deft pulls over to the side of the road. Officer then orders all four occupants out of the car and places them each in handcuffs. When Deft asks Officer why he pulled them over, Officer tells Deft that he should know.

At this point, Bob tells Deft, “I told you we were going to get caught.”

Deft glares at Bob, and Officer then reads all four of them their Miranda Rights. When he asks if they understand, they are all silent.

Officer then asks Bob why he thought they were going to get caught. Deft tells Bob to keep quiet, and Officer orders Deft to keep his mouth closed. When Deft continues talking, Officer grabs him and places a gag in his mouth.

This terrifies Bob, who tells Officer that he will tell him everything, as long as Officer does not hurt them. Officer agrees not to hurt anyone who cooperates, and Bob explains to Officer that they took Deft’s girlfriend’s car as a Halloween prank.

O~cer p~ones Deft’ s_ girlfriend, Rhonda, and explains what happened. In an effort to avoid gettmg anyone m trouble, Rhonda tells Officer that she gave them permission to use her car.

Yo~ are appointed to represent Deft, Bob, and Rhonda. What issues will you raise on their behalf?

, l.

J.

Northwt•scc.~rn California lJnivcrsity School of Luw

Final Exam

Put your nan1e on the first page of each exam answer. Em.·h exam ru1swer must start on a new page. Your answer should be in a full narrative essay with much detail, using [RAC funnat.

Agency and Partnership

Lexi is vel)· proud to get her first job as a cashier and she is especially happy when Sam, her supervisor. explains that everyone who works at their store is a member of the team. Sam also makes it clear that he encourages team members to use own judgment to be sure customers are satisfied and will tell their friends what a good experience they had.

On her first day on the job. Lexi is approached by Carla. who wants to purchase some picture frames. However. Carla feels that the $10 price is a bit high. Remembering Sam’s words. Lexi lowers the price to $8 and Carl walks away happy. Sam, who was standing nearby. compliments Lexi on making a good decision.

Later in the day. Builder brings a drill from the tool department and asks Lexi if the drill is suitable for drilling through 1/8 inch sheet metal. Not really sure, Lexi tells Builder to take the drill home and try it. She tells him that if the drill doesn’t do the job, he can always return it for a full refund. Happy with Lexi ‘ s answer, Builder thanks her and leaves with the drill.

Unfortunately. the drill is only suitable for drilling in wood and as a result of his efforts, the drill overheats and Builder receives a nasty burn on his hand that prevents him from working for several days. Wanting to return the drill. Builder brings it back to Sam, who refuses to refund Builder’s money since Builder has lost the receipt.

Discuss the potential rights and liabilities of Lexi. Builder. Sam, and the Store where Lexi works.

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