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Part I – Property/Landlord-Tenant

This exercise is pertaining to real property, specifically residential landlord -tenant provisions. All real

property law is state law. This means that each state has its own law that pertains to real property in that

state. As part of this exam, we will learn to use the Secretary of State’s website as a reference for the

Code of Alabama which houses real property law for the State of Alabama. The Code of Alabama is the

source for all law in Alabama. There are additional rules and regulations, but this is the source for all

statutes passed by the Alabama Legislature. If you do not live in Alabama, I am certain that your state

has similar provisions in your state law; the idea is to learn where to look for information.

Directions:

1. Go to the Alabama Secretary of State’s website at https://www.sos.alabama.gov.

2. Click on the Records tab at the top of the page.

3. Click on the Code of Alabama.

4. On the left-hand side of the page, there are various Titles organized by subject matter. Click on

Title 35 Property.

5. Within each Title in the Code of Alabama, there are Chapters that deal with specific subject matter

pertaining to the broader reference in the Title. Please click on Chapter 9A Uniform Residential

Landlord and Tenant Act. The information that you will need to complete this question is found in this

section.

Facts:

John owns an apartment building in College Town USA. His apartments lease from August 1 to July 25.

Tenants must move out by July 25 so the apartments can be ready for new renters on August 1. All of

John’s tenants move timely, except for Joan. Joan refuses to move. She has also not paid her June or

July rent. John has a new tenant for Joan’s apartment who will be ready to take possession of the

apartment on August 1. Joan has not previously indicated that she would remain in the apartment and

has not indicated that she intends to sign an extension on her lease. As part of the lease provisions, John

provides water, sewer, and trash pick-up for the tenants. John has decided to terminate water and sewer

to Joan’s apartment to encourage her to vacate the apartment.

(1) Is this a valid method to use in this situation? Please provide a citation to the appropriate Code of

Alabama provision in your respons

(2) e.

(3) What remedies does the Code of Alabama provide for this type of situation? Please discuss using

citations from the Code of Alabama.

Part 1 – Property/Real Estate

Please go to Chapter 24 in your textbook. Please read the following items in the Problems and Problem

Cases section beginning on page 40 of the chapter. Please answer these questions completely, beginning

your discussion with a summary of the topic that is addressed in the problem. Then, address the issue

presented, making sure that you support your statements by answering the question “Why?”

Problems and Problem Cases #2

Problems and Problem Cases #5

Part 2 – Contracts Discussion

This section of the exam will include questions that you will answer in paragraph form. Please use the

facts in the question and the textbook to reason through your answers. Relate the answer, using the facts.

The best way to accomplish this is to 1) restate the facts – briefly, 2) state the applicable law, and 3)

apply the applicable law to the facts. Also, if the result is not desired, it would be helpful to explain how

the application of the law would be different if the facts were different.

1. ABC Realty Company enters into a contract with Jose who is an artist who creates large pieces of

abstract art for public spaces, including building lobbies, to produce two paintings for the ABC Building

lobby. Jose procrastinates and eventually refuses to complete the paintings. During this time, ABC

contracts to sell the building to XYZ Management Company, but before ethe transaction is complete,

ABC receives a much better offer (higher price) for the building from Frogmore Corporation. ABC

subsequently refuses to sell the building to XYZ. In separate lawsuits by XYZ against ABC and ABC

against Jose, each plaintiff seeks specific performance as a remedy. Please answer this question using

the instructions in the introductory comments to Part 3.

a) How might the court rule, and why?

b) What is an appropriate remedy in each of these cases?

2. National Drilling Company ships its only pump to American Hydraulics Corporation, the manufacturer,

for repair. National hires Overland Transport to take the pump to American Hydraulics and to return the

repaired pump to National as soon as the repair is complete. Nation is forced to suspend operations

without a pump, but Overland does not know this. National expects to be without the pump for five days

and to lose profits of $5,000. The pump is repaired, but Overland does not return the pump to National.

When the pump is not returned by the end of the fifth day, National rents a pump at a cost of $100 per

day. Overland delays five more days before returning the pump. National files a lawsuit against

Overland, asking for compensatory, consequential, and punitive damages. Please answer this question

using the instructions in the introductory comments to Part 3.

a) Will National recover? If so, for which types of damages. Please address each type of damage

separately.

b) If not, why? (Parts a and b can be answered together.)

3. Sam buys a used Camry from Best Motors, paying $2,000 down and agreeing to pay off the balance in

thirty-six payments of $400 each. The terms of the agreement call for Sam to make a payment on or before

the first of each month, beginning October 1. During the first six months, Best Motors receives a $400

payment before the first of each month. Starting in April and continuing for the subsequent five months,

Sam’s payment is never made until the fifth of the month Best Motors accepts and cashes the payment

check each time. Before the next payment is due, Best decides that it is no longer willing to accept late

payments. Please answer this question using the instructions in the introductory comments to Part 3.

a) Can Best sue Sam immediately for breach?

b) Can Sam continue to make late payments without liability?

4. Go to Chapter 9, page 9-3 which is the first page of the chapter. There is a scenario provided on the title

page for the chapter. Please read the scenario and answer the five questions provided after reviewing the

chapter. Please discuss the answers fully, providing information from the chapter as support for your

answers. Be sure that you provide a complete introduction to the topic that the questions address before

answering the questions.

5. Go to Chapter 10, page 10-1 which is the first page of the chapter. There is a scenario provided on the

title page for the chapter. Please read the scenario and answer the five questions provided after reviewing

the chapter. Please discuss the answers fully, providing information from the chapter as support for your

answers. Be sure that you provide a complete introduction to the topic that the questions address before

answering the questions.

6. Go to Chapter 11, page 11-1 which is the first page of the chapter. There is a scenario provided on the

title page for the chapter. Please read the scenario and answer the five questions provided after reviewing

the chapter. Please discuss the answers fully, providing information from the chapter as support for your

answers. Be sure that you provide a complete introduction to the topic that the questions address before

answering the questions.

7. Go to Chapter 16, page 16-1 which is the first page of the chapter. There is a scenario provided on the

title page for the chapter. Please read the scenario and answer the five questions provided after reviewing

the chapter. This scenario pertains to the parole evidence rule. As you answer the questions, you will be

considering how the parole evidence rule applies to this scenario. Please discuss the answers fully,

providing information from the chapter as support for your answers. Be sure that you provide a complete

introduction to the topic that the questions address before answering the questions.

Part 3– Intellectual Property

1. Shadrach Winstead, the author of The Preacher’s Son—But the Streets Turned Me into a Gangster, filed

a suit in a federal district court against Curtis Jackson, who wrote and performed the songs on the CD

Before I Self–Destruct and wrote, starred in, and directed the companion film of the same name.

Winstead alleged that Jackson’s CD and film infringed the copyright of Winstead’s book. The court

dismissed the complaint. Winstead appealed. The U.S Court of Appeals for the Third Circuit affirmed.

A comparison of Winstead’s book and Jackson’s CD and film did not support a claim of copyright

infringement. “A lay observer would not believe that Jackson’s album/CD and film copied protectable

aspects of Winstead’s book. * * * Winstead’s book and Jackson’s works share similar themes and

setting,” but “the story of an angry and wronged protagonist who turns to a life of violence and crime

has long been a part of the public domain. * * * In addition, Winstead’s book and Jackson’s works are

different with respect to character, plot, mood, and sequence of events.” Please use the instructions

provided in the introductory

comments to Part 2 in preparing your answers to the following questions.

a) Which expressions of an original work are protected by copyright law?

b) Is all copying copyright infringement? If not, what is the test for determining whether a creative

work has been unlawfully copied?

c) How did the court in this case determine whether the defendant’s work infringed on the plaintiff’s

copyright?

d) Is a claim of copyright infringement supported if two works’ share similar themes and setting, as

well as words and short phrases? Explain.

2. With respect to patents, how does the first-to-invent rule differ from the “first-to-file”? Explain the law

that changed the rule.

3. Patents and trademarks are filed with the US Patent Office and the US Trademark Office. Visit the

website at https://www.uspto.gov and review the information provided there for those seeking both trademarks

and patents.

https://www.uspto.gov/

a) With respect to trademarks, find the Trademark Basics and review the Registration Toolkit. Imagine

that your business is interested in filing for protection of your business’s trademark. Based on the

information provided in the Toolkit, what do you think one your biggest challenges or hurdles might

be? You can provide your own fact pattern to give this answer context.

b) Many businesses create or invent items every year that the inventors want to protect. Based on the

information contained on the website, outline the patent process.

c) One of the important parts of the patent process is making sure that the item you have invented is

not patented already. What does the website provide as the seven-step patent search?

Part 4 -Torts

1. Sarah is a driver for City Delivery Company. She carelessly leaves the truck’s motor running while

making a delivery. The transmission engages and the truck crashes into the nearby Gas Guzzler gas

station pump, igniting a fire and spreading quickly to a construction site a block away. A burned

wall collapses onto a crane, which falls on, and injures, a bystander, Carol. The issue is, “To whom

is Sarah liable?” Please answer this question with respect to the following individuals, supporting

your answer with an analysis of the required elements to prove negligence, being sure to include the

concept of foreseeability in your answers. Please use the instructions provided in the introductory

comments to Part 2 in preparing your answers to the following questions.

a) Is Sarah liable to the gas station for damages to its pumps?

b) Is Sarah liable to the bystander for the bystander’s injuries?

Part 5 – Employment Law

Please go to Chapter 51 in your textbook. Please read the following items in the Problems and Problem

Cases section beginning on page 40 of the chapter. Please answer these questions completely,

beginning your discussion with a summary of the topic that is addressed in the problem. Then, address

the issue presented, making sure that you support your statements by answering the question “Why?”

Problems and Problem Cases #4

Problems and Problem Cases #6