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Here are basic instructions: Identify the Issue. I would like you to state what the issue is ( frame it as Whether Identify the Rule.
Here are basic instructions:
Identify the Issue. I would like you to state what the issue is frame it as "Whether
Identify the Rule. Figure out what rule is controlling in the circumstances.
Perform your Analysis. Apply the rule you identified to the facts of the case.
State your Conclusion. Essentially, answer the question posed by the Issue.
Here is your fact pattern.
John Doe comes into your office for a consultation. You are a practicing attorney. John is concerned. He is in a dispute with his roommate. Him and his roommate rent a bedroom apartment. The rent is $ total. Immediately after moving in John's roommate Frank moved an office desk into the rd room. The desk took up much of the room, and the remainder was filled with Frank's school books.
John put his guitar in the room ard his music. The next day, he found his guitar and music back in his room. John knocked on the door to discuss, and Frank said he needed to study. The next day, John found a lock on the door and Frank was, again, studying inside.
John doesn't feel it is fair to pay of the rent if he has no access to the third room. Also, the only reason he agreed to live there is because he thought he would have partial access to the third room so he could play music on the weekends.
You, the attorney, look at the lease. The lease does not discuss which rooms are accessible by either, but does state the following:
"The leased premises shall be rented by the following tenants; John Doe and Frank Lee"
You do some legal research and find a case that says that "A leased apartment space shall be shared, unless stated otherwise, by all listed tenants. No tenant can exclude another from a portion of the leased apartment, unless by agreement of the parties. Frankleberry v Chunkamonk, Wash.App
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