Handout #1 created by Ariel Valerio-Meek for Property I with Professor Smythe Fall 2019

Tutoring Handout #1
Property I, Professor Smythe

TUTOR: Ariel Valerio-Meek

afvalerio@law.cwsl.edu
Tutoring: Tuesdays, 2:30-3:30, AUD
Office Hours: Go to Professor Smythe’s office hours

Tutoring Sessions:
1. Typical format for tutoring sessions:
a. Outlining Activity
b. Substantive Review
c. Activity/Skills Workshop (i.e. Practice Problems, make rule statements,
IRAC practice)
2. Rule for Tutoring
a. Be Respectful
b. Ask questions
i. Note: I am not an expert and won’t know all the answers. I may
need to consult with Professor Smythe before I can answer
c. Use tutoring as a supplement, not a replacement for doing the work
Law School Tips & Tricks
1. Figure out how you learn best
2. DO WHAT WORKS FOR YOU!!!!
3. Work ahead
4. Schedule! Schedule! Schedule
5. Take advantage of Professor’s office hours
a. Both for class and so they get to know you
6. Pay attention in class
7. Getting called on and case briefs
a. Parties, procedural posture, relevant facts, rule, rationale (why did the
court do what they did), dissent/concurring opinions
8. Ask questions
9. Play nice with others 😊
10. Take time for yourself (treat yourself!)
Handout #1 created by Ariel Valerio-Meek for Property I with Professor Smythe Fall 2019

Outline
I. Acquisition of Property
A. First Possession
1. Acquisition by Discovery
2. Acquisition by Capture

Acquisition of Property
NOTE: In property class, we are often concerned with which party to a dispute has superior claim
or rights to the property.
First Possession: first-in-time to take possession has superior property claim
1. Possession can be either actual or constructive
a. Actual possession = physical possession
b.Constructive possession (think not possession)
1. A person has a good chance of obtaining actual possession if he
or she should be deemed to have it; or
2. Circumstances otherwise dictate that he or she would be deemed
to have the equivalent of actual possession
a. Examples from cases read in class
i. Pierson v Post
ii. Snaring animal, hunter in pursuit that reduces the
animal’s chance of life.
3. The court deems a person should have rights equivalent to those
that attach to actual possession
2. Acquisition by Discovery
a. Discovery Doctrine
1. Established European power’s rights to land were established by (1)
discovery of land, and (2) rights were consummated by title through
possession of the land by subjects of that power
2. Illustrates two important principles:
a. First-in-time or first in right
b. Power of possession
3. Rights to land ascend from the United States government
a. Only exist to the extent they are recognized by the US
government
i. Johnson v Mcintosh
3. Acquisition by Capture
a. Mere pursuit does not give pursuer any property claims
Handout #1 created by Ariel Valerio-Meek for Property I with Professor Smythe Fall 2019

1. Something beyond mere pursuit is necessary to give pursuer any type

of claim in property
Book – practice multiple choice questions
Library Archives: old exams
Look at table of contents …
Outlines: RULE – apply facts etc.