The Closed Universe
The exam hands you a small set of sources and a client problem, and everything you may rely on is on the page. Below is a fictional universe — one statute, three cases — and six questions in the exam's manner. Five are answerable from the universe. One is not, and recognizing that is itself the tested skill.
Your universe
Everything below is fictional and everything you may use. The discipline: answer from these sources only — and know when they don’t answer.
Residential Rental Standards Act § 12
Fictional state statute(a) A landlord shall maintain every residential rental unit in habitable condition, including operable heating facilities capable of maintaining safe indoor temperatures during the heating season. (b) Upon written notice of a defect under subsection (a), the landlord shall repair within a reasonable time. (c) Remedies for violation of this section are as provided by law.
Marsh v. Golden Rentals
Fictional state supreme courtA residential landlord must keep a rental fit to live in, and that duty includes providing adequate heat during the cold months.
Okafor v. Canyon Ridge Apartments
Fictional state supreme courtA tenant faced with an unrepaired habitability defect may repair and deduct, or may withhold rent — but only after written notice and a reasonable opportunity to cure. To the extent Prewitt v. Stonegate LLC permitted withholding without notice, it is disapproved.
Delgado v. Mesa Verde Rentals
Fictional state court of appealsDamages for a habitability breach are generally limited to the loss in rental value; emotional-distress damages require egregious conduct, and are not available as a matter of course.
Six questions
0 of 6 answered