In which of the following circumstances can a plaintiff bring a lawsuit against the defendant in federal court?
- a.Dwight Schrute (a resident of Pennsylvania) sues Jim Halpert(a resident of Pennsylvania) for the payment of medical bills that resulted from an ill–conceived prank(valued at $110,000).
- b.Michael Scott(a resident of Pennsylvania) sues Dunder Mifflin, Inc. (a corporation organized under the lawsof Delaware and headquartered in New York) for back–pay (valuedat $72,500).
- c.Stanley Hudson(a resident of Pennsylvania) sues Dunder Mifflin, Inc. (acorporation organized under the lawsof Delaware and headquartered in New York)for racial discrimination, which would be a violation of Title VII of the Civil Rights Act (a federal law passed by Congress and signed by President Johnson in 1964).
- d.Kelly Kapoor(a resident of Pennsylvania) sues Dunder Mifflin, Inc. (a corporation organized under the laws of Delaware and headquartered in New York) for environmental damage to the forests of Scranton that resulted from chopping down too many trees to make paper, which would be a violation of the Pennsylvania Environmental Protection Act(a state law).
2.Which of the following would be considered real property (or part of real property)?
- a.A storm window specifically fabricated to match the window of an antique house
- b.Ten (10) shares of a corporation that owns an apartment building
- c.A copyright in a novel about the exciting adventures of a lawyer/professor
- d. A desk from IKEA3.
Under common law, what duty does a property owner owe to an undiscovered trespasser?
- a.The duty to avoid embarrassing them with stale TikTok dances from 2019
- b.The duty not to wantonly or willfully injure them.
- c.The duty to warn of any non–obvious dangers on the property of which the property owner is aware.
- d.The duty to make the property safe and to warn guests of any known dangers.
4.Nina West executes a deed for the real property that Nina currently owns that says the following: “To Vanessa Vanjie Mateo, but if Michelle Visage ever steps foot on the property, Nina West, or her heirs, reserves the right to reenter and retake.” What type of freehold estate does Vanessa Vanjie Mateo have pursuant to this deed?
- a.Life estate
- b.Fee simple absolute
- c.Fee simple determinable
- d.Fee simple subject to condition subsequent
5.Prince Charlesexecutes a deed for the housethat Prince Charlescurrently owns in Santa Barbara, California that says the following: “To Prince Harryfor the life, then to the heirs of Archie Mountbatton–Windsor.” What interest does Archiehavein this house?
- a.Springing executory interest
- c.A right of reentry
- d.Possibility of reverter
6.Burt and Ernie are a married couple and are co–owners of a tastefully decorated condominium apartment on Park Avenue. Burt has children from a previous marriage. If Burt dies before Ernie, under which type of co–ownership will Burt’s children inherit his ownership interest in the condo?
- a.Joint Tenancy
- b.Tenancy in Common
- c.Tenancy by the Entirety
- d.Burt and Ernie are equal partners in the general partnership that owns the condo
7.The declaration for the Toretto Condominium states that each owner of an apartment unit in the building owns an equal portion of the common elements. There are 50 apartment units in the building. Due to some illegal street racing, a car has crashed into the lobby of the building causing $150,000 in damage. What is the amount of the special assessment that each unit owner must pay?
A lease for a large portion of the ground floor of a building where the Tenant agrees to pay the Landlord a reduced base rent plus a portion of the Tenant’s sales revenues is called what?
- a.Percentage Lease
- b.Ground Lease
- c.Gross Lease
- d.Triple Net Lease
9.Which of the following is an example of illegal self–help by a landlord?
- a.Allowing a tenant that is in default to stay until the end of the lease term and then suing for back rent
- b.Suing a tenant that is in default in a court of law to regain possession of the premises
- c.After a court of law has issued a ruling evicting a tenant from the premises, having the sheriff forcibly remove the tenant from the premises
- d.Changing the locks to the apartment while the tenant is at work
10.Dennis has a two year lease on a two bedroom apartment in Philadelphia. However, after two months, he has decided that he wants to move with his family to St. Paul, Minnesota. Charlie is happy to takeover the lease. Which of the following would create an assignment?
- a.Charlie agrees to lease one bedroom for twelve months
- b.Charlie agrees to lease the apartment for twenty months
- c.Charlie agrees to lease one bedroom for twenty–two months
- d.Charlie agrees to lease the apartment for twenty–two months
Dr.Henry “Indiana”Jones, Jr., a professor of archaeology,has agreed to rent an unfurnished house near the university from Marcus Brody, a museum director. Indiana and Marcus have been friends for a long time, and they don’t want to bother with attorneys.They make an oral agreement that the rent will be$12,000 per year payable as$1000 per month due on the first of each month, with the lease term commencing on March1,2019for a term of two (2) years. On March 13, 2020, there was a break in the sewer line serving the premises, which resulted in sewage surfacing from the system. Foul odors filled the home and unhealthy fluids seeped into the basement for long periods of time.Indiana informed Marcus of the leak in an email on March 15, 2020and followed up on that with several phone calls during the next two weeks. Marcus is well meaning but forgetful, and he failed to hire a repair person to go fix the leak. After three weeks, Indiana, sick of the lack of meaningful response from Marcus and believing that this was a serious health and safety issue, called the town building inspector as well as the stated epartment of environmental protection. Indiana finally stopped paying rent as of May 1, 2020. On June 15, 2020(right after the building inspector visited the property and sent a fine to Marcus), the sewer line was finally and completely repaired, and the basement was thoroughly cleaned.That same day,Indiana stated that the home was again perfectly fine to live in.
On June 5, 2020, prior to the repairs being made, but right after Marcus received a letter from the town building inspector that a complaint had been received, Marcus gave Indiana written notice to quit the property, effective as of June 30,2020. Additionally, after Indiana stopped paying rent, Marcuss lid an angry note under the front door of the house calling Indiana a “deadbeat,”a “terrible archaeologist,”and threatening to hire some men to beat up Indiana.
Finally, on October 31, 2020, Marcus filed a lawsuit against Indiana to evict him from the house and to collect the unpaid rent from the period of May 1through October 31.
a.Can Indiana make one or more counter claims to Marcus’s lawsuit?
If so, what is/are those counter claims and will it/they be successful? (10 Points)b.Will the court award Marcus the unpaid rent? If so, how much?(5 Points)c.Assuming the repair had been made promptly after Indiana had informed Marcus, and Indiana had never stopped paying rent, based on the June 5, 2020writtennotice to vacate, when would the lease have terminated?Please explain your reasoning. (5 Points)
2.For the past year, Jack, a unit owner in a condominium building, has been frequently renting out his apartment for short term Airbnb rentals. Three years ago, the board of directors of the condominium adopted a rule stating that “the minimum rental period for any unit must not be less than three (3) months.” The rule further states that unit owners who fail to comply can be fined $100 per day for each day the unit has been rented. After being given numerous written warnings and an opportunity to cure, the condominium association brings a proceeding to evict Jack from his unit.
a.Will the condominium association succeed in evicting Jack? Why or why not?If not, what other steps could they take to get rid of Jack? (10 points)
b.If the declaration for the condominium says that each unit owner can rent their unit as they see fit, is the rule still valid. Why or why not? (5 Points)
c.If this was a coop, would the coop board succeed in evicting Jack? Why or why not?(5points)
Truman G. Witherwax III is the sole owner of his family’s apple orchard in Ulster County, New York, Waxy Apple Farms. The orchard has been in the family for 200 years, and Truman wants to keep it that way. Truman is currently married to his second wife, Dolores, and has three children: a son from a previous marriage,Truman IV (known as “Quinn”), and two daughters from his current marriage, Mabel and Ethel. Quinn has never been interested in the farm, and Truman thinks Quinn is too busy trying to become famous on TikTok (or whatever those darn kids are up to these days) to take the family business seriously. Thus, Truman wants his daughters to get the orchard to own and operate as equal partners. Truman also wants to make sure that Dolores is protected for the rest of her life. Therefore, Truman creates a will that says, “Upon my death, I, Truman G. Witherwax III, hereby convey Waxy Apple Farms to Dolores Witherwax for remainder of her life, and then to Mabel Witherwax and Ethel Witherwax, as joint tenants.”
a.Assuming Truman has died, please describe the types of ownership interests, if any, that, Dolores, Quinn, Mabel, and Ethel each have in Waxy Apple Farms. (5 Points)
b.Just before Truman’s untimely death from a tractor accident, Quinn learns from a former classmate, who is now a geologist, that there is a very strong probability that there are several million barrels worth of oil located under the orchard. Quinn moved to Los Angeles two years before and is currently desperate for money. Regardless of the merit of his claim, can Quinn file a lawsuit against his stepmother and half–sisters for his share of Waxy Apple Farms in federal court? Why or why not? (5 Points)
c.As a result of Quinn’s lawsuit, Mabel and Ethel learn about the oil. Sadly, Dolores has also passed away from a different tractor accident. Mabel wants to keep operating the family business without the possible environmental impacts from drilling for oil. Ethel wants that oil money. Ethel sells her interest in Waxy Apple Farms to Exxon Mobil for $25,000,000. Is Ethel able to sell her interest? Why or why not? If she can, what is the ownership relationship between Mabel and Exxon Mobil? (5 Points)
d.Quinn still wants that oil. He buys a none acre piece of land right next door to Waxy Apple Farms. He erects an oil well very close to the boundary with the orchard. He starts to pump 1,000 barrels of oil a day, almost all of which comes from under Waxy Apple Farms. Assuming New York has no correlative rights legislation, would Exxon Mobil be able to go to court to get an injunction (i.e., a court order to stop) against Quinn? Why or why not? (5 Points)