Always discuss issues in the alternative. For example, in the landlord tenant question an issue that many students did not discuss was whether the landlord could simply wait for the lease to expire on September 1, and then evict the tenant as a holdover. 5. Consider counterarguments. If, for example, the landlord tried to evict the tenant as a holdover, the tenant s defense would be retaliatory eviction. Discuss one issue at a time.
Many students list the arguments one party at a time.
LL will respond that IWH was not violated, it was waived in any event, and the waiver was valid. I graded this question to correspond with the way I thought the class would approach the material. The second highest score in the class on this question went to someone who did not discuss the Native American issues at all. Adverse possession was tough on these facts, but the Native American claims were clear winners, at least with respect to the validity of Coal 2000's deed. Native American claims.