SCC Wk 4 Real Property IRAC Andy and Barry Cycle to Miguel House Case Study

This Assessment uses a common set of facts and they appear below.

Each weekly assessment has the same point value. Answer the question yourself with your own understanding of the law from our studies this term and do not rely on the Internet to cut and paste an answer from other sources. Cutting and pasting from any other source without attribution is a form of plagiarism and academic dishonesty, subject to discipline as described in the syllabus.

Answers relating to the coursework, text, and in-class discussions will score highest; supposition, personal opinions, and “winging it” will not be awarded credit. Jotting down random buzz words and phrases from the textbook in an attempt to get something to stick and earn points is not analysis and will not be awarded credit. Concluding only that someone should “consult with an attorney” is similarly inappropriate, since this is broad advice anyone who has taken this class could write, and it is generally and well understood. Responses based on external sources similarly do not score well, even where attribution is included. Remember, this is an assessment of the learning of the presented class material and methods used in class, not the ability to use search engines or use random cut and paste techniques.

Support your answers with appropriate legal analysis. When stating a legal rule, you must actually state it. Saying “the rule is in chapter 10 of the book” or “employment law” is not stating the rule, and will not be awarded any credit. Pay particular attention to the call of the question: answer what is specifically asked. It is important to cite the specific rule that applies to the question, not a litany of possible legal principles that might tangentially relate to the matter at hand. Doing so will result in a deduction for inaccurate analysis. Some questions specifically prohibit discussion of assumed facts or direct responses only to a specific rule of law. Responses that are unresponsive to the specific call of the question will, to the extent applicable, be given zero credit and will waste your valuable time.

Plan your time so that you answer completely an appropriately. You can use your text or class notes. Do not copy or merely recite the facts of the question in your answer. Doing so does not increase your score, and will waste valuable time.

Ensure you have a reliable Internet connection and computer before attempting the Assessment. I suggest you diligently test your usual Internet connection. “The Internet failed me” is not a valid reason for missing or not completing the Assessment.

Your work must be your own. By submitting this Assessment you are certifying: (1) that all the work is your own and only yours, (2) that you did not use the Internet for research (It is not allowed or necessary. Using the Internet will probably cause you to not have enough time to finish the Assessment.) (3) you will not and did not accept nor offer assistance to another nor accept assistance from another, (4) you will report any incident in which another has offered or accepted assistance on the Assessment that you know to be factual,

Andy (A) and Barry (B) have been friends since early high school age and are now roommates while attending the public, state operated State University (SU). Several times each week they go on an extended bike ride together, starting with pre-ride coffee, and a refueling of lunch at the dorm cafeteria after the ride. Other students and SU personnel often join them A&B are both avid readers, and both collect books from their favorite authors. They attend book signings, lectures, and post ride discussions often turn to chatting about their latest book findings.

A&B maintain a small “little library” shelf at their dorm where they trade and share books with others for free. A&B have often discussed business futures in book editing, production, distribution, and sales.

A&B know that future business activities involve business and personal risks and know they must seek the advice of an attorney before acting on their plans.


A&B are often contacted by others that maintain little libraries, and there is an active hobby culture involving them. Miguel (M) has had his little library at his home since before the hobby really took off. He put it up when he was a kid and has used it ever since then to share books, comics, trading cards, toys, and other pop culture things over the many years he and his family have lived there dating all the way back to the home’s construction in the 1930s. M, now in his 60s, is hopeful that A&B can add his library to their weekly rides and visits. He tells A&B the address, and it corresponds to an extensive estate in an affluent part of town near a scenic lake and nearby hiking and biking trails.

A&B cycle to M’s house with a bag of books. The library is near the back of the estate. A&B see a well used foot trail from the street across M’s lawn to the library that is near the lake beach. Another well used dirt path leads from the library down to the beach. It is obvious that many people have transited the dirt trails over the many decades to visit M’s large, well established little library. Both of these well worn dirt paths pass through M’s well maintained lawn, but also extend through the neighboring lot to the street and the public lands surrounding the beach. A&B notice a “for sale sign” on that large lot next to M’s estate. They swap out a few books, and take a few pictures at M’s unique library.

Juanita (J) is a frequent visitor to M’s library. After A&B’s visit, she finds a first edition of “Gone with the Wind” signed by Margaret Mitchell in M’s library. It is very collectable and valuable. She is thrilled to find it, and after taking it, leaves a thank you note in the library: “Thank you to the person that left the “Gone with the Wind” book! So generous of you, and I will treasure it forever!” That book is very valuable to antiquarian collectors. M finds the note, and takes a picture of it.

A week after their visit, A&B send M an email with the selfies they took with his library. M responds by email a few days later with the picture of J’s note. “See how wonderful my library is? Everyone is so generous and caring in this community!”

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