Should I approach property like torts?

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rejectmaster
Posts: 232
Joined: Tue Nov 17, 2009 4:20 pm

Should I approach property like torts?

Postby rejectmaster » Sun Jan 30, 2011 8:16 pm

I guess I am biased to think this way because they are both their respective term's only 4 credit course, but they seem kind of similar and our professor is constantly referencing the restatement of torts (which was mentioned maybe once in torts itself).

Torts was kind of a marathon-length sprint in which there was an endless amount of cases/fake math/vocabulary that we went through at a breakneck pace and our exam contained pretty long passages describing a ridiculous and exaggerated set of circumstances in which we just had to slam out as much as we possibly could and hope for the best. Basically, that meant to me, that I should know a little about a wide breadth of things, as opposed to maybe contracts where I had to be more familiar with more nuances.

Any advice on how to tackle property?

lawschooliseasy
Posts: 460
Joined: Mon Dec 28, 2009 7:13 pm

Re: Should I approach property like torts?

Postby lawschooliseasy » Sun Jan 30, 2011 8:28 pm

rejectmaster wrote:I guess I am biased to think this way because they are both their respective term's only 4 credit course, but they seem kind of similar and our professor is constantly referencing the restatement of torts (which was mentioned maybe once in torts itself).

Torts was kind of a marathon-length sprint in which there was an endless amount of cases/fake math/vocabulary that we went through at a breakneck pace and our exam contained pretty long passages describing a ridiculous and exaggerated set of circumstances in which we just had to slam out as much as we possibly could and hope for the best. Basically, that meant to me, that I should know a little about a wide breadth of things, as opposed to maybe contracts where I had to be more familiar with more nuances.

Any advice on how to tackle property?


My only advice is that it is essential that you master future interests. Every property test over the sun features future interests as a central component.

rejectmaster
Posts: 232
Joined: Tue Nov 17, 2009 4:20 pm

Re: Should I approach property like torts?

Postby rejectmaster » Sun Jan 30, 2011 8:30 pm

thanks, I'll keep that in mind!

missinglink
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Re: Should I approach property like torts?

Postby missinglink » Sun Jan 30, 2011 11:15 pm

To me, torts seem more BLL like.

Property on the other hand seems to be less strict about rules, at least so far for me. But I don't know, maybe that will change. We've really only covered bundle of sticks, blah blah blah, and finders of lost property. The way our class is presented very much feels more like legal theory, but that might just be my prof.

keg411
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Re: Should I approach property like torts?

Postby keg411 » Sun Jan 30, 2011 11:40 pm

missinglink wrote:To me, torts seem more BLL like.

Property on the other hand seems to be less strict about rules, at least so far for me. But I don't know, maybe that will change. We've really only covered bundle of sticks, blah blah blah, and finders of lost property. The way our class is presented very much feels more like legal theory, but that might just be my prof.


I don't think it's your class. My Property class is about 90% policy so far. Our prof basically explained to us that most cases taught in Property are really Torts cases or Contracts cases and Property itself is mostly theory.

There only real overlap I've seen between Torts and Property is some of the Coase/Nuisance stuff.

rejectmaster
Posts: 232
Joined: Tue Nov 17, 2009 4:20 pm

Re: Should I approach property like torts?

Postby rejectmaster » Sun Jan 30, 2011 11:46 pm

we have talked about nuisance a bit, but we've spent the first month on public accommodations statutes and adverse possession, policy hasn't played a huge role (at least not as an explanation for why the law is as it is)

i'm learning it.. i think.

adude
Posts: 92
Joined: Sat Nov 27, 2010 3:41 am

Re: Should I approach property like torts?

Postby adude » Mon Jan 31, 2011 5:37 am

For me, Torts was pretty intuitive, while Property was very much the opposite.

Of course, it all depends on your profs approach. Our Property prof wanted majority minority splits, so I made a spreadsheet for each split I came across.

I would say there's a lot more policy in Property as well. This is probably because there are a ton of archaic rules that still influence a large number of states. Jurisdictions treat these rules very differently for their own policy reasons. Of course, every class will have its share of funky old rules, but nothing as hoary as the law of covenants and future interests and the rule against perpetuities. It may be worth making a policy-oriented outline, or at least highlighting the policies and counter policies behind each rule.

Kobe_Teeth
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Joined: Fri Dec 18, 2009 1:40 am

Re: Should I approach property like torts?

Postby Kobe_Teeth » Mon Jan 31, 2011 10:29 am

missinglink wrote:To me, torts seem more BLL like.

Property on the other hand seems to be less strict about rules, at least so far for me. But I don't know, maybe that will change. We've really only covered bundle of sticks, blah blah blah, and finders of lost property. The way our class is presented very much feels more like legal theory, but that might just be my prof.



I would say this is pretty accurate. My prof tried to present Property as if it were BLL but it just ended up a confusing mass of rules that contradicted themselves depending on what state you were looking at. And while it seems the above approach is probably better and likely easier to understand, there is still a fair amount of BLL in Property but it doesn't all fit nicely together.

And personally, I found tort BLL to all sorta fit nicely together. By the end of the semester it made sense. Property won't. IMO.

And +1 to whoever said master future interests.




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