November 16th
Citing to secondary sources
-only look at BlueBook rules
Law Review Article
-Author's full name
-Title of Article (italicized)
-Volume #
-Abbreviated law review name (table T.13)
-If not there, make your own within the rules
-Beginning Page #
-Year of Publication (in parenthesis)
Richard A. Posner, Goodbye to the Bluebook, 53 U. Chi. L. Rev. 1343 (1986).
(this is the article she liked)
*Citing to University of WA Law Review (Wash. L. Rev.)*
Books
-For Single Volume
-Author's full name
-Title (italicized)
-Section, Paragraph, Page # (only use page # when you don't have the others)
All together in one parenthesis:
-Edition # (in parenthesis)
-Publisher (in parenthesis) (legal include, non-legal do not)
-Year of Publication (in parenthesis)
Examples: Hornbooks
-For Multi-Volume
-Volume #
-Author's full name
-Title (italicized)
-Section, Paragraph, Page # (only use page # when you don't have the others)
All together in one parenthesis:
-Edition # (in parenthesis)
-Publisher (in parenthesis) (legal include non-legal do not)
-Year of Publication (in parenthesis)
*For multiple authors, you can write all out or use (et al.)*
Examples: Treaties, Practice Books
A.L.R. (American Law Review)
-Author's name
-Word "Annotation"
-Title (italicized)
-Volume #
-Abbreviated title of the book itself (see her chart not in Bluebook)
-Beginning Page # of Annotation
-Year of Publication (in parenthesis)
Short Form
-Author's last name
-supra (do not use for cases or statutes) (do not use id)
-Section, Paragraph, Page # (only use page # when you don't have the others)
Orca Case
Update:
-Mr. Metzger (from Aloha) gave us a letter from Amber Properties
-Letter stating they reviewed specifications for filter from Orca, that the filter works well and that they are approving their second shift
*Copy of the letter under projects*
How this affects our elements?
Elements:
1. Landlord's Act
*Undisputed now*
-No longer disputed due to this letter
-Landlord clearly knows what is going on and approved it
2. Conditions "untenantable"
-Disputed
3. Notice
-Undisputed
4. Tenant Vacate
-Undisputed
Discussion
-Mention undisputed
-Landlord's Act, Notice, Tenant Vacate
-Only "untenantable" conditions are disputed
Updated Roadmap:
STATEMENT
ISSUES STATEMENT
DISCUSSION SECTION OUTLINE
Introduction
-General Rules Paragraph
-Transition (Roadmap Paragraph)
-Undisputed
-Landlord's Act (cite case)
-Notice (cite case)
-Vacate (cite case)
-Disputed
-Untenantable (cite cases)
Disputed Element - untenantable
-Specific Rules - untenantable
-Analogous case presentation
-Cases favoring Orca
-Cases favoring Amber
Arguments
-Orca's arguments
-Fact based (plain)
-Case based (analogous)
-Policy based
-Amber's arguments
-Fact based (plain)
-Case based (analogous)
-Policy based
-Orca's Rebuttal
Mini-Conclusion - untenantable
CONCLUSION
Use pages 102 and 237 for Book References
General Rules Paragraph
-Do sentence for each piece
1. WA Practice
Constructive Eviction is an outgrowth of the doctrine of actual eviction
-Cite WA Practice
2. Explanation of Constructive Eviction
-(Aro Glass/Coulos Cases)
3. Elements of Constructive Eviction
1. Landlord's act
2. Conditions "untenantable"
3. Notice
4. Tenant vacate
4. Burden of Proof
Transition Paragraphs
(start with the undisputed)(end with the disputed)
-Undisputed Element
-identify the element
-provide explanation or definition (a rule with cite to authority)
-Apply rule to the facts of the case
Example of Transition Paragraph
-Identify Element:
-Explain the Element: (cite here)
-Apply to the Facts:
Landlord's Case
The first element, landlord's act, is likely undisputed.
For a constructive eviction to occur, it must be the act of the landlord or someone acting on the behalf of the landlord that is the cause of the interference to the the tenant,
In Orca's case, this element is satisfied because it was Amber, the landlord, who gave permission to Aloha to begin the second shift operation that was caused the paint problems for Orca.
-Repeat with the other two undisputed
-End with the disputed element untenantable
-(development is later, no need to explain)
Dobrentai v.Piehl
-Element: Landlord's Act Case
-Not Helpful
-Rejected
Lindblom v. Berkman
-Element: Untenantable
-Facts: Classy Hotel leases lobby to Peddler and made if difficult to get to other stores and rooms, Peddler blocked staircase, Tenant losing money
-Constructive Eviction YES!
(How good/bad the space needs to be to be untenantable is our job)
-Accepted
John B. Stevens & Co. v. Pratt
-Element: Untenantable
-Facts: Deteriorated docks and warehouses, too unsafe, ships doc elsewhere, lose business
-Constructive Eviction YES!
-Rule: If the landlord agrees to keep something in repair, then landlord is obligated otherwise constructive eviction (will need page # to cite)
-Accepted
Myers v. W. Farmer's Ass'n
-Element:
-Not Helpful
-Rule: Good explanation of Constructive Eviction (need page # to cite)
-Rejected
Farrow v. Storck
-Element: untenantable
-Facts: Silent Movie Theater has Tap Dance studio move in above, ruined business, during the depression, projector also had technical issues
-Could help Amber's case
-Not sure
Erickson v. Elliott
-Element: Notice
-Rule: If you need a cite for Notice (cite page)
-Rejected
Untenantable Case Cite Rules (Specific Rules)
-Get the page numbers for all
-Write all the rules complete in a declarative sentence
-Paraphrased rules
-Follow with full citation
-From general rule to specific
Cases to Cite:
-WA Chocolate:
-Where landlord retains control of part of premises, retains duty to keep that part tenantable
-Aro Glass:
-Where lease contains specific provision covering the problem that develops landlord has breached covenant
-Aro Glass:
-Landlord's breach of lease covenant that causes property to become no longer fit for purposes intended is substantial interference- untenantable
-Can add more cases if you find them
Which cases favor Orca?
-Needs Constructive Eviction granted
WA Chocolate - Rats
Aro Glass - Puddles
Lindblom v. Berkman - Docks
John B. Stevens & Co. v. Pratt - Huckster
-Need to figure out how these cases affect Orca
-Look at the facts and compare for each case (DO THIS FOR NEXT CLASS)
In which cases did the courts NOT grant constructive eviction?
-Favor Amber
Farrow v. Storck- Tap Dancing
May need more cases (only spend 30 minutes looking for another case)
-Needs untenantable as an issue
-Court says NO, it is tenantable
-Write
General Rule
Transitional
Specific Rules
-cite
-Cite 6
-Cases for Amber
