2023.07.13 questions

Question 1

When must D file notice of removal?

Answer 1

within 30 days of service

Question 2

If improper removal, when a party file notice of remand?

Answer 2

within 30 days of removal

Question 3

Elements of deed delivery

Answer 3

(1) Grantor action
(2) With intent
(3) That it operate to pass title
(4) Immediately

Question 4

Once delivered, how long is deed valid?

Answer 4

Until reconveyed.
Physically returning a deed is NOT reconveyance.

Question 5

What is equitable mortgage?

Answer 5

Created when deed is given as security for a loan.
Can result when there isn’t a formal mortgage (e.g., no security agreement in writing)
Creditor must formally foreclose before selling property

Question 6

Mental state for IIED

Answer 6

-Intent to cause distress OR reckless disregard that conduct would cause distress
-D’s knowledge of P’s sensitivity can be relevant to reckless disregard

Question 7

Third party beneficiary requirements

Answer 7

(1) Promise to Buyer re: TP
(2) TP identified/receives performance/relationship: TP must be specifically identified in K OR to receive performance directly from Seller OR in relationship with Buyer to indicate intent to benefit
(3) TP rights must vest through
–TP assent to K OR
–TP action to enforce K OR
–TP material change of position in justifiable reliance

Question 8

Why is a profit holder entitled to compensation in a condemnation/5A taking proceeding?

Answer 8

Profit => interest in land
Holder of profit has interest in land

Question 9

Constitutional violation for state statute that goes below federal minimum

Answer 9

Supremacy Clause violation

Question 10

M’Naughten defense

Answer 10

D lacked ability to Know wrongfulness OR understand nature and quality of acts

Question 11

MPC insanity defense

Answer 11

D lacked Substantial Capacity to appreciate wrongfulness of act OR to conform act to law