This is likely going to be my last song.  Let's face it, I think we're all pretty exhausted and worn out at this point of the marathon we call finals.  My creative juices are about dry.

If you have Professor Sawchak for Civ Pro, you will recognize this checklist of questions to ask for determining if a related claim can be heard in federal court under Supp Jurisdiction.  My powers of memorization are lacking so I thought it would be a good topic for a song.

The melody is from Colby Caillat's "Think Good Thoughts."

Supplemental Jurisdiction

1367 of 28 U.S.C.

Is supplemental juris-diction; it’s a biggie

So I’ll tell you how it works

But we’ll summarize it first

When a court has SMJ

It can have “supp”; there’s a way

When there’s related claims

Like state, tort, or contract claims

The fed court can hear them

Supplement, Supplement

A fed court can hear a claim that’s riding along with

Cases that have made it on their own

Sawchak said in class that it’s just like “one stop shopping”

Why waste time, efficiency? So please stop distressing

Supplement is the way to go

Na na na na na na

Na na na na na na na na na

First thing you should ask:

What’s the claim at issue?

If it’s federal, there’s no need to ask these next few

If you answer no, go to section (a)

Where we know that Congress giveth

Courts power to hear it

First, does the anchor claim fall under SMJ?

Next do the added & anchor claims share a common nucleus of operative fact

You’re halfway there to

Supplement, Supplement

A fed court can hear a claim that’s riding along with

Cases that have made it on their own

Sawchak said in class that it’s just like “one stop shopping”

Why waste time, efficiency? So please stop distressing

Supplement is the way to go

Na na na na na na

Na na na na na na na na na

Next is section (b)

Where Congress takes away

If yes to all three

It’s a really sad day

One: is anchor claim diversity only?

Two: is the added claim one by the plaintiff

(3) What rule joined the D à 14 or 20?

If no to all three then

Supplement, Supplement

A fed court can hear a claim that’s riding along with

Cases that have made it on their own

Sawchak said in class that it’s just like “one stop shopping”

Why waste time, efficiency? So please stop distressing

Supplement is the way to go

Na na na na na na

Na na na na na na na na na

I bet we are all just loving our lives right now.  On the bright side, we are 2/5 of the way done.

Here's a song about homicide.  I don't know if it will help you, but enjoy a study break if anything.  I must say it did feel pretty weird writing and singing a song about murder and manslaughter.  I tried to make it sound as opposite Marilyn Manson as possible.  Guy majorly creeps me out.

Homicide (what a lovely title)

We’re almost halfway thru, I don’t know about you

But I want to go back to bed

And then you realize that would be unwise

So you study crim law instead

Well who needs it?  I guess we shouldn’t say that

These crimes may just save our lives

On the exam

Homicide, it seriously kills me

No pun was intended there

Well then again…

Murder and Manslaughter, they’re the 2 to know

Whether C/L or MPC

In C/L murder malice defines the crime

And in manslaughter it’s lacking

Manslaughter has three types:

One is voluntary, aka intentional

Then two are opposite: untintentional

Just read Dressler for the mouthful

Malice equals any of the 4 kinds

They’re actually mental states, the court has ruled:

Intent to kill, GBI, depraved heart, Felony Murder too

Know through and through

PA is great because they produced a way

To divide murder in degrees

1D has statutory, WPD, and even felony

Murders that are left over but still intentional

They are second degree

We studied cases like Bingham and Carroll

They defined W, P, D

Well who needs it?  I guess we shouldn’t say that

These crimes may just save our lives

On the exam

Homicide, it seriously kills me

No pun was intended there

Well then again…

Last approach is what we call MPC

They just had to do their own thing

Here’s the 411, they have 3 classes

Big M, little m, negligent (homicide)

Here’s where it gets tricky

And I honestly want to tear up all of my notes

They start to sound the same but they’re not

Or maybe they are?

Well who needs it?  I guess we shouldn’t say that

These crimes may just save our lives

On the exam

Homicide, it’s sad we have to know this

Good luck on Saturday

(The chorus melody is from Dave Barne's song"Until You."  Giving credit where credit's due...)

Well hallelujah and praise be.  We survived our first final.  1/5th of the way down.  Considering the small turn-around from our our first final to our second, here's a little something to help you remember that blessed thing called Adverse Possession.

As a side note, this was the topic in property that I was called on to recite.  I was so incredibly unprepared that day because it also happened to be the day of our Torts midterm.  After re-studying it and reading Singer (thank goodness for that book) I think I understand it...at least  better than I did. Then again, everything seems easier when it's in a song.

Good luck you guys, and thanks for humoring me and being so supportive of this quirky music of mine.

(This is sung to the tune of Bryce Merritt's "Song About You."  I didn't write the melody, just the words!)

A Song About Possession (the adverse kind)

Hey, you know it’s time

For a song about possession: How about the adverse kind?

It’s just one of many rules in property

There are 7 parts

And I’ll tell you what, besides this song, it helps to make some charts

But for now just sit back and take my cue

Actual, Continuous, Exlusive

Open & Notorious makes four

Statutory, Hostile, Claim of Right

Owner versus Trespasser

AP limits “immunity:” Look it up in *Singer and you’ll know what I mean

Trespassers can have a legal right to your land

If they intrude and they occupy and use it like it’s theirs for a long long time

If SOL runs than you are out of luck

First is actual, which just means physically using so they don’t think you’re abusing

Such as when T builds or operates a store

Two- continuous just means the occupation happens without any interruption

“Tacking” adds AP’s to meet the SOL

Actual, Continuous, Exlusive

Open & Notorious makes four

Statutory, Hostile, Claim of Right

Owner versus Trespasser

AP limits “immunity:” Look it up in *Singer and you’ll know what I mean

Trespassers can have a legal right to your land

If they intrude and they occupy and use it like it’s theirs for a long long time

If SOL runs than you are out of luck

Exclusivity: it’s like when you are 3 years old and you refuse to share your ball

Here the claimant does not share with anyone

Open, Notorious: O means possession’s very obvious to put the owner on notice

And N – possession’s known to community

Actual, Continuous, Exlusive

Open & Notorious makes four

Statutory, Hostile, Claim of Right

Owner versus Trespasser

AP limits “immunity:” Look it up in *Singer and you’ll know what I mean

Trespassers can have a legal right to your land

If they intrude and they occupy and use it like it’s theirs for a long long time

If SOL runs than you are out of luck

Next, the SOL: the claimant’s use of land adheres to certain quantity of years

For example: 10, 15, or even 20

Hostile is a word that means the owner never gave permission

No not under such conditions

That’s exactly why it’s called “adverse”

Last is claim of right, it means the claimant

Has intent to take land as his own

OR he thinks it’s his but he’s mistaken

Due to Color of Title

AP limits “immunity:” Look it up in *Singer and you’ll know what I mean

Trespassers can have a legal right to your land

If they intrude and they occupy and use it like it’s theirs for a long long time

If SOL runs than you are out of luck

*(see p. 140 in Singer text, 2^nd paragraph)