265: Listen and Learn -- Constructive Eviction

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

Welcome back to the Law School Toolbox podcast! Today's episode is another installment of our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. This time we're talking about a topic from Real Property, and that's constructive eviction.

In this episode we discuss:

• What is constructive eviction?
• The Implied Covenant of Quiet Enjoyment and Implied Warranty of Habitability
• The rules of constructive eviction and how to easily remember them
• Determining if there is substantial interference by the landlord in the tenant's life or business
• Analyzing two essay questions involving constructive eviction, from the July 2007 and February 2012 California bar exams
• Developing an attack plan for Property

Resources:

• Tutoring for Law School Success (https://lawschooltoolbox.com/tutoring-for-law-school-success/)
• California Bar Examination – Essay Questions and Selected Answers, July 2007 (https://nwculaw.edu/pdf/bar/July%202007%20Essays%20and%20Sample%20Answers.pdf)
• California Bar Examination – Essay Questions and Selected Answers, February 2012 (https://www.calbar.ca.gov/Portals/0/documents/admissions/CBXFeb2012_SelectedAnswers_R.pdf)
• Podcast Episode 215: Listen and Learn – The Commerce Clause (https://lawschooltoolbox.com/podcast-episode-215-listen-and-learn-the-commerce-clause/)
• Podcast Episode 218: Listen and Learn – Supplemental Jurisdiction (Civ Pro) (https://lawschooltoolbox.com/podcast-episode-218-listen-and-learn-supplemental-jurisdiction-civ-pro/)
• Podcast Episode 244: Listen and Learn – Negligence Per Se (https://lawschooltoolbox.com/podcast-episode-244-listen-and-learn-negligence-per-se/)
• Podcast Episode 245: Listen and Learn – Promissory Estoppel (https://lawschooltoolbox.com/podcast-episode-245-listen-and-learn-promissory-estoppel/)
• Podcast Episode 248: Listen and Learn – Introduction to Homicide (https://lawschooltoolbox.com/podcast-episode-248-listen-and-learn-introduction-to-homicide/)
• Podcast Episode 257: Listen and Learn – The “Reasonable Person” Standard (https://lawschooltoolbox.com/podcast-episode-257-listen-and-learn-the-reasonable-person-standard/)
• Podcast Episode 259: Listen and Learn – Relevance in Evidence (https://lawschooltoolbox.com/podcast-episode-259-listen-and-learn-relevance-in-evidence/)
• Podcast Episode 261: Listen and Learn – The Basics of Hearsay (https://lawschooltoolbox.com/podcast-episode-261-listen-and-learn-the-basics-of-hearsay/)
• Podcast Episode 263: Listen and Learn – Subject Matter Jurisdiction (https://lawschooltoolbox.com/podcast-episode-263-listen-and-learn-subject-matter-jurisdiction/)
• Tackling Real Property MBE Questions (https://barexamtoolbox.com/tackling-real-property-mbe-questions/)

Download the Transcript (https://lawschooltoolbox.com/episode-265-listen-and-learn-constructive-eviction/)

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Thanks for listening!

Alison & Lee