Author Topic: Opening Arguments #TTTBE  (Read 38679 times)

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Offline The Latinist

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Re: Opening Arguments #TTTBE
« Reply #720 on: November 25, 2019, 12:46:16 AM »
I'm going with A.
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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #721 on: November 25, 2019, 11:30:12 AM »
I going with
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #722 on: November 26, 2019, 09:01:29 PM »
Answer to #154

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The format is a little different but readable
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #723 on: November 30, 2019, 01:26:42 PM »
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #724 on: November 30, 2019, 01:28:39 PM »
I am thinking that the only good answer here is A. This is because of successively  suing the previous tenet for damages.
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Offline CarbShark

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Re: Opening Arguments #TTTBE
« Reply #725 on: November 30, 2019, 02:33:23 PM »
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and Donald Trump is President of the United States.

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Offline daniel1948

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Re: Opening Arguments #TTTBE
« Reply #726 on: November 30, 2019, 03:19:35 PM »
I am thinking that the only good answer here is A. This is because of successively  suing the previous tenet for damages.

It doesn't say that the tenant sued the previous tenant for damages. It says the tenant sued the previous tenant for possession. But I still agree with your answer.

I don't like B because delivering the legal right of possession to a still-occupied building is like delivering title to a car that's still in someone else's garage. I think the landlord has to both deliver the legal right of possession and assure that the building is not occupied by somebody else.

I don't understand C so I cannot comment on it.

So for me it's between A and D, but in D, I don't think it's the tenant's responsibility to assure that the building has been vacated, and the previous tenant remained an additional month, which the landlord should have known about and dealt with.

So I pick A. If the court finds in favor of the landlord, it would be because the tenant had chosen the other remedy.

The question does say "if" so I'll add that I think the court could find in favor of the tenant on the grounds that the landlord failed to fulfill his obligation to insure that the building was in condition to be occupied. That "if" seems to be saying that the case could go either way.

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Offline The Latinist

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Re: Opening Arguments #TTTBE
« Reply #727 on: November 30, 2019, 03:45:14 PM »
I think B is wrong because a landlord must provide both the legal right to possession and actual possession.  I think C is nonsense.  I don't know why notice would make any difference.  So I'm going with A.
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Offline PANTS!

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Re: Opening Arguments #TTTBE
« Reply #728 on: November 30, 2019, 09:39:57 PM »
I guess A as well
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #729 on: December 02, 2019, 12:03:04 AM »
Answer to #155

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Offline daniel1948

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Re: Opening Arguments #TTTBE
« Reply #730 on: December 02, 2019, 09:56:25 AM »
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Daniel
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Re: Opening Arguments #TTTBE
« Reply #731 on: December 02, 2019, 10:41:06 AM »
I am hoping that a large part of the law in this case rests in just how the question here is framed.  To whit, the finding for the landlord is framed as a conditional, and give no thought upon it's likelihood. 

Quote
If the court finds for the landlord, what would be the most likely explanation?

In a way, this question is asking you to think like a representative of that landlord - what would their best defense be.  At least that is what I am seeing.  Any thoughts?
Now where I come from
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Offline Swagomatic

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Re: Opening Arguments #TTTBE
« Reply #732 on: December 02, 2019, 12:20:07 PM »
I was too late to get an answer in (I just listened this morning) but I would have chosen A.  The explanation for B makes sense, though.
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #733 on: December 02, 2019, 09:07:35 PM »
I am hoping that a large part of the law in this case rests in just how the question here is framed.  To whit, the finding for the landlord is framed as a conditional, and give no thought upon it's likelihood. 

Quote
If the court finds for the landlord, what would be the most likely explanation?

In a way, this question is asking you to think like a representative of that landlord - what would their best defense be.  At least that is what I am seeing.  Any thoughts?
Now that you explained it that way it makes more sense. I was looking at it I guess from the tenant point of veiw. If you look at it from the landlord then I would answer B. It's almost a trick question.
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Offline xenu

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Re: Opening Arguments #TTTBE
« Reply #734 on: December 03, 2019, 11:38:56 AM »
So I see why I missed this question. I cut my 13thcentury Saxony law class that day.  ::)
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