Market Value - Civil Procedure - Past Paper, Exams of Civil procedure

Download Market Value - Civil Procedure - Past Paper and more Exams Civil procedure in PDF only on Docsity! UNIVERSITY OF CALIFORNIA COURSE EXAMINATION SCHOOL OF LAW (BOALT HALL) FALL, 1995 LAW 200A -- CIVIL PROCEDURE Instructor in Charge: Professor W. Fletcher Time allowed: Three hours Instructions: This is an open book examination. You may bring into the examination room any assigned materials in the course, plus your personal notes. Personal notes include notes from a study group of which you may be a part and notes taken for you by another person on a day you were absent. There is only one question on the examination. It has five parts, labeled "motions." Answer all five parts. The motions may not each take the same amount of time to answer. Use your best judgment as to how much discussion is needed for each motion. The examination is designed to be written in the time allocated. Indeed, I think three hours is ample time. But please keep careful track of your time. Make sure to leave enough time to answer the later motions with as much thoroughness as the earlier motions. Please be sure to put your examination number on each bluebook, or on each page of your examination if you type. Do not leave your bluebook or typed answers on your desk. They must be turned in to the person in charge. If you finish early, you must turn your examination in to the Registrar's Office in Room 225. Examination (time allowed: 3 hours) Andy (A) is a wealthy American art collector. For the past decade Andy has lived in Paris, France, for 9 months out of the year, and has returned to the United States to visit friends in New York for the other 3 months. Before moving to Paris, Andy was a domiciliary of New York. From time to time, Andy says to his Paris friends, "I like this place. I want to keep up this routine for the rest of my life." But Andy has consistently reassured his mother, who lives in New York, "Mom, I am still a New Yorker. The Parisians always make fun of my accent in French. I could never live here permanently." Bernard (B) is a respected art historian living in his villa outside Paris. Bernard is a French citizen who makes his living appraising and providing authentications for paintings throughout Europe. Bernard owns houses in Florida and New York and typically goes to the United States for a few weeks each year, splitting his time about equally between New York and Florida on these visits. Andy and Bernard are bitter personal enemies. Andy owns an oil painting attributed to the Dutch painter Vermeer, "Girl in a Green Hat." It usually hangs in the Metropolitan Museum of Art in New York City, on long-term loan from Andy. Last year, Andy allowed the picture to be exhibited at an exhibition of Vermeer paintings in Amsterdam. Bernard went to the exhibition. After the conclusion of the exhibit and the return of the painting to New York, Bernard published an article in a French art journal stating that the painting is probably not a true Vermeer because the right hand is painted crudely and because brush strokes visible under a strong magnifying glass are uncharacteristic of Vermeer. The suggestion that Bernard go to Amsterdam and write the article originated in a letter to Bernard from Cristo (C), an unhappy American artist friend of Bernard who lives permanently in Florida. Cristo wrote to Bernard, "The painting is almost certainly a Vermeer, but Andy's fifteen minutes were up long ago. It's time for him to suffer as I have." Bernard wrote back (in English), "If people think that Andy's painting is not a Vermeer, the price of other Vermeers will inevitably go up." Bernard owns a famous Vermeer, "Girl in a Black Hat." Although the French art journal has subscribers only in Europe, curators at the Metropolitan Museum soon learn of the controversy. They take a close look at Andy's painting and decide that Bernard may well be right. They take the picture off the museum wall and put it into storage. A fair estimate of the market value of Andy's painting before the publication of the article was $5 million. A fair estimate now is $1 million.