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Property: Cases, Documents, and Lawyering Strategies is MacCrate-responsive. It develops the strategy component. Each of the transactional chapters features problems that put the student into lawyering situations. After all, lawyering is not about reading appellate court opinions and discussing in a vacuum whether the opinions are "good" or "bad." Instead, it is about resolving or avoiding problems. To achieve those ends, lawyers use strategies for counseling, negotiation, document preparation, and litigation. The problems are set in a variety of different property settings and call for a variety of strategies.
This book is also designed to fit with other courses traditionally taught in the first year. Therefore, analysis of statutes and reading of appellate opinions and other traditional materials make up the bulk of the book. Still, the strategies and competencies of property lawyering are developed here, so that students can learn about them.
This book also develops the public law aspects in the law of property. But most of the efforts of lawyers in property transactions focus upon negotiation and documentation of private agreements. The documents are as important as public law. Therefore, property transfer agreements, brokerage documents, deeds, mortgages, title insurance policies, promissory notes, and other documents all are set out and explored in this book.