Best Midterm Ever
Today we had a practice midterm. I studied hard, re-read all my cases, and learned the law inside and out. Then she gave the exam and I forgot everything because she presented us with the toughest scenario ever asked: Ownership of the one ring in Lord of the Rings.
She simplified the story in a few key ways to make it a simpler task. She claimed that Bilbo won the ring from Smeagol peacefully and Frodo and Bilbo had JOINT ownership over bag-end. This was supposed to make the task much easier.
But I panicked. I forgot her changes. What was supposed to be a friendly and intuitive test of my progress devolved into a one hour and 1,500 word attempt to resolve every property issue in Middle-Earth.
I had 7 critical issues compared to the normal 3. And as far as who owned the ring, after a chart of various possessors, and a labeling of valid versus invalid possessory changes, and wrapping up with a categorization of each possessor I wound up with this:
Gullom (finder)
Sauron (the original, true, owner)
Bilbo (If Gollum had a legal claim did Bilbo legally obtained ownership from Gollum)
Frodo (If Gollum owned it legally and then Bilbo owned it legally, did FRODO get it legally)
(It's worth noting that the UCC protects innocent parties only when they gain ownership from merchants. So even though Frodo did nothing wrong and would be labeled a 'bona fide purchaser' he would not be able to claim ownership if the possessors who gave the ring to him did not have valid claims.)
Further, does Frodo have a claim of Adverse Possession over Bag-End?
Can Eowyn use the Civil Rights Act to gain entry into the Fellowship? (This actually was an issue she wanted tackled.)
Can Gondor claim Unjust Enrichment over awarding the ring to anyone but Boromir? (His lands get unjustly attacked so that a halfling can be enriched with the greatest of weapons?)
Can Sauron sue for conversion of destroyed property over the destruction of the ring?
Can Gondor sue for negligent destruction of a natural resource over the ring (It is a GIFT! We should USE IT!)?
After class myself and a few classmates talked about the exam. Apparently I'm a annoying geek and will be eating lunch alone for a day or year.
In case you're interested though:
1.) Sauron was the original owner so in a straight "finder versus owner-of-the-land-object-was-found-on versus original owner claim": the original (true) owner always wins unless the property was intentionally abandoned. I, however, argued against this because the ring has a will of its own, thus making it more analogous to wild game. Which is to say, whoever grabs it and holds on to it gets it.
2.) Frodo cannot claim Adverse Possession of Bag-End because his possession was not adverse. That is to say, he lived there with the permission of Bilbo.
3.) Eowyn can join the fellowship because while the organization is heavily exclusive, which may make one think it is private, it is also entirely funded by the government. As a rule of thumb, whenever the government is so heavily involved in a non-government organization, that organization loses its right to exclude.
4.) My professor never even mentioned Gondor in her question so she probably did not want me going into those issues. But the answer is probably "no" to all their claims.
And
5.) Yes, Sauron's estate could maintain a suit for conversion against Frodo for the destruction of the ring.
She simplified the story in a few key ways to make it a simpler task. She claimed that Bilbo won the ring from Smeagol peacefully and Frodo and Bilbo had JOINT ownership over bag-end. This was supposed to make the task much easier.
But I panicked. I forgot her changes. What was supposed to be a friendly and intuitive test of my progress devolved into a one hour and 1,500 word attempt to resolve every property issue in Middle-Earth.
I had 7 critical issues compared to the normal 3. And as far as who owned the ring, after a chart of various possessors, and a labeling of valid versus invalid possessory changes, and wrapping up with a categorization of each possessor I wound up with this:
Gullom (finder)
Sauron (the original, true, owner)
Bilbo (If Gollum had a legal claim did Bilbo legally obtained ownership from Gollum)
Frodo (If Gollum owned it legally and then Bilbo owned it legally, did FRODO get it legally)
(It's worth noting that the UCC protects innocent parties only when they gain ownership from merchants. So even though Frodo did nothing wrong and would be labeled a 'bona fide purchaser' he would not be able to claim ownership if the possessors who gave the ring to him did not have valid claims.)
Further, does Frodo have a claim of Adverse Possession over Bag-End?
Can Eowyn use the Civil Rights Act to gain entry into the Fellowship? (This actually was an issue she wanted tackled.)
Can Gondor claim Unjust Enrichment over awarding the ring to anyone but Boromir? (His lands get unjustly attacked so that a halfling can be enriched with the greatest of weapons?)
Can Sauron sue for conversion of destroyed property over the destruction of the ring?
Can Gondor sue for negligent destruction of a natural resource over the ring (It is a GIFT! We should USE IT!)?
After class myself and a few classmates talked about the exam. Apparently I'm a annoying geek and will be eating lunch alone for a day or year.
In case you're interested though:
1.) Sauron was the original owner so in a straight "finder versus owner-of-the-land-object-was-found-on versus original owner claim": the original (true) owner always wins unless the property was intentionally abandoned. I, however, argued against this because the ring has a will of its own, thus making it more analogous to wild game. Which is to say, whoever grabs it and holds on to it gets it.
2.) Frodo cannot claim Adverse Possession of Bag-End because his possession was not adverse. That is to say, he lived there with the permission of Bilbo.
3.) Eowyn can join the fellowship because while the organization is heavily exclusive, which may make one think it is private, it is also entirely funded by the government. As a rule of thumb, whenever the government is so heavily involved in a non-government organization, that organization loses its right to exclude.
4.) My professor never even mentioned Gondor in her question so she probably did not want me going into those issues. But the answer is probably "no" to all their claims.
And
5.) Yes, Sauron's estate could maintain a suit for conversion against Frodo for the destruction of the ring.