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136 Cards in this Set

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TORTS: FALSE IMPRISONMENT
To establish a prima facie case for false imprisonment, a plaintiff must prove the following elements: 1) an ACT or OMISSION on the part of the defendant that CONFINES or RESTRAINS the plaintiff to a BOUNDED area; 2) INTENT on the part of the defendant to confine or restrain the plaintiff to said bounded area; and 3) CAUSATION.
TORTS: LEGAL REMEDIES
Damages: D is ordered to pay money to P (compensatory, nominal, punitive). Damages are based on the harm to the P. REQUIREMENTS: 1) CAUSATION (Actual Cause) 2) FORESEEABILITY (Proximate Cause) 3) CERTAINTY (Damages cannot be too speculative) 4) UNAVOIDABILITY (P must take reasonable steps to mitigate damages).
TORTS: NEGLIGENCE
The elements of a prima facie negligence claim are: 1) a DUTY on the part of the defendant to conform to a specific standard of conduct for protection of the plaintiff against an unreasonable risk of injury, 2) the defendant's BREACH of that duty, 3) the breach is the ACTUAL and PROXIMATE CAUSE of the plaintiff's injury; and 4) DAMAGES to the plaintiff.
EVIDENCE: RELEVANCE
Evidence is relevant if it tends to make the existence of any fact of consequence to the outcome of the case more or less probable than without the evidence. All relevant evidence is admissible unless it falls within an exception to admissibility.
TORTS: NEGLIGENCE: DUTY OF CARE
A duty of care is owed to all foreseeable plaintiffs. The extent of the duty is determined by the applicable standard of care under the circumstances.
WILLS & TRUSTS: UNDUE INFLUENCE
A situation of undue influence arises where, due to a weakness or predisposition, a testator's free will is subjugated. Undue influence requires the following: 1) Susceptibility (weakness or predisposition), 2) Opportunity (wrongdoer has access to the testator based on a relationship or close contact), 3) Active Participation (actual exertion of influence), 4) Unnatural result (wrongdoer is bequeathed property where that person would ordinarily take nothing).
CRIMES: SPECIFIC INTENT CRIMES
1LBARFFACES
First Degree Murder: Murder with premeditation and deliberation.
Larceny: The taking and carrying away of another's personal property by trespass with the intent to permanently deprive or with the intent to do something would create a substantial risk of permanent loss to the owner.
Burglary: the breaking and entering of another's dwelling at night with the intent to commit a felony therein.
Assault: Intent to commit a battery or the intentional creation of a reasonable apprehension of harm.
Robbery: the taking of property from another's person or presence with force or threat of physical injury with the intent to permanently deprive.
Forgery: When somebody makes or alters a writing of legal significance with the intent to defraud.
False pretenses: Obtaining title to property my making a false representation with intent to defraud.
Attempt: Inchoate crime. Intent to complete the underlying crime.
Conspiracy: An agreement between two or more people to complete a criminal act. Requires an intent to enter into an agreement, intent to commit the crime underlying the conspiracy, and usually a substantial step in furtherance of that agreement.
Embezzlement: The fraudulent conversion of another's property over which the defendant had rightful possession at the time of the conversion with intent to permanently defraud.
Solicitation: Asking another to commit a crime with the intent that the person solicited commit the crime
CRIM PRO: 4TH AM
The 4th Amendment provides that people should be free in their persons, places, and things from UNREASONABLE governmental searches and seizures.
TORTS: NEGLIGENCE: BREACH OF DUTY
Where D's conduct falls short of that level required by the applicable standard of care owed to the P, she has breached her duty. Whether the duty of care is breached in an individual case is a question for the trier of fact. The main problem relates to proof of the breach . P may use one of the following theories: 1. Custom or usage 2. Violation of Statute (negligence per se) 3. Res Ipsa Loquitur (RIL)
CONTRACTS: UCC v. Common Law
UCC Article 2 applies to sales of goods (moveable, tangible objects), even sales of goods between non-merchants. Common law applies to all other types of contracts, including service contracts, real estate contracts, employment contracts, etc.
REMEDIES: Restitutionary Remedies
These remedies are based on the theory that the D should not be UNJUSTY ENRICHED. Restitutionary remedies are based on the BENEFIT to the D, and the amount is calculated based on the value of the benefit conferred on the defendant. TYPES: LEGAL: a) Restitutionary monetary damages b) Replevin (getting the specific item back) c) Ejectment. EQUITABLE: d) Constructive Trusts e) Equitable Liens
PROPERTY: WASTE
Life tenant must MAINTAIN the estate--this expresses both the maximum and the minimum that the life tenant can do on the land. Three types of waste: 1. Voluntary waste (cuts down valuable trees, destroys things) 2. Permissive waste (lets it fall into disrepair) 3. Ameliorative waste (makes unwanted improvements)
CRIMES: SEARCH
A search is defined as a governmental intrusion into an area where a person has a legitimate expectation of privacy.
BUSINESS ASSOCIATIONS: Liability of Corporations for actions by a Promoter
A corporation will become liable for a promotor's pre-incorporation contract when the corporation adopts the contract by: a) EXPRESS Board of Director resolution/approval, b) IMPLIED adoption through knowledge of the contract and acceptance of its benefits. The promoter continues to remain liable on the pre-incorporation contract until there has been a novation (agreement between the parties that the corporation will replace the promoter under the contract).
CRIMES: ACCOMPLICE LIABILITY: Parties -- Principal
A principal is one who, with the requisite mental state, ACTUALLY ENGAGES IN THE ACT OR OMISSION that causes the criminal result.
CON LAW: What are the 4 Justiciability Requirements (required at all levels)?
(1) P must have standing to sue; (2) Case must be ripe for review; (3) Case must not be moot AND (4) It must NOT be a political Q or something over which the federal court should abstain
WILLS & TRUSTS: Incorporation by Reference
A non-integrated document or writing is given testamentary effect if 1) in existence at execution of the will*, 2) clearly identified in the will, 3) evidence that the testator intended to incorporate the writing by reference.

*An exception to the first requirement is made for small gifts of tangible personal property, such as household furniture and items of sentimental value.
PROPERTY: FUTURE INTERESTS
The INTEREST exists now, but possession will not take place--if at all--until some time in the future.
Future interests retained by GRANTOR: 1. REVERSION 2. POSSIBILITY OF REVERTER 3. RIGHT OF RE-ENTRY (note: these do not involve the RAP)
Future interests given to GRANTEE: 1. REMAINDER 2. EXECUTORY INTEREST
WILLS & TRUSTS: Facts of Independent Significance
The identity of beneficiary or what gift is intended may be given meaning by facts of significance INDEPENDENT FROM WILL - i.e., to my church or to all my employees at the time of my death. 1) Must be a fact WOULD HAVE EXISTED even without the will. 2) Can be an event or fact before or after will is drafted. Basically allows outside parole evidence to prove what stuff is; facts of independent significance allow us to fill in the blanks to T's will with parol evidence that is trustworthy.
CRIMES: ACCOMPLICE LIABILITY: Parties -- Accomplice
An accomplice is one who, with the intent that the crime be committed, aids, counsels, or encourages the principal before or during the commission of the crime. Can be charged with the actual crime committed by the principal.
TORTS: NEGLIGENCE PER SE
Negligence per se (aka "statutory negligence") is a legal doctrine whereby an act is presumed considered negligent because it violates a statute (or regulation). In order to prove negligence per se, the plaintiff must show that: 1) the defendant violated the statute, 2) the statute is a safety statute, 3) the act caused the type of harm the statute was designed to prevent, 4) the plaintiff was a member of the statute's protected class. In some jurisdictions, negligence per se creates merely a presumption of negligence, which could be rebutted.
CIV PRO: In Personam Jxn: Statutory Limitations
Each state may proscribe its own statutory bases for personal jurisdiction, but these must still satisfy constitutional requirements. Most states grant courts in personam jurisdiction in 4 situations: (i) where the D is PRESENT in the forum state and is personally served with process there; (ii) where the D is DOMICILED in the forum state; (iii) where the D CONSENTS to jurisdiction; and (iv) where the D has committed acts bringing him within the forum state's LONG ARM STATUTES.
CRIMES: ACCOMPLICE LIABILITY: Accessory After the Fact
An accessory after the fact is one who receives, relieves, comforts, or assists another, knowing that he has committed a felony, in order to HELP THE FELON ESCAPE ARREST, TRIAL, OR CONVICTION. This is a separate crime from the underlying felony.
CRIMES: ARREST
An arrest occurs when the police take a person into custody against her will for purposes of criminal prosecution or interrogation. An arrest must be based on probable cause (PC).
WILLS & TRUSTS: Holographic Will
1) Must be signed by testator. Signature can be anywhere in will. 2) MATERIAL PROVISIONS must be in testator's own handwriting (gifts made and the beneficiaries).
NOTES: a) Testamentary intent portion can be preprinted. . . if there are issues, extrinsic evidence as to intent is allowed.
b) Series of letters may be will under integration
c) Date not required
i) If conflict with another will - Dated wins unless undated can be established as having been made after
ii) If both undated, then unresolved inconsistencies are thrown out
iii) If testator may have been incapacitated during time will was drafted then invalid
TORTS: Comparative Negligence
A substantial MAJORITY of states now permit a contributorily negligent plaintiff to recover a percentage of his damages under some type of comparative negligence system. In every case where contributory negligence is shown, the trier of fact weighs P's negligence against that of D and reduces P's damages accordingly.
CONTRACTS: K Formation
OFFER ACCEPTANCE CONSIDERATION
WILLS & TRUSTS: What is a codicil? What is the major concern regarding one?
Testamentary instrument executed with required will formalities, which modifies, amends, or revokes a will. A codicil REPUBLISHES A WILL. Important for: 1) Pour over wills; 2) Incorporation by reference; AND 3) Pretermission (for birth, marriage or domestic partnership) NOTE: codicil itself is a testamentary instrument thus pretermission analysis from date of codicil.
TORTS: BATTERY
Defendant commits a HARMFUL or OFFENSIVE contact with the plaintiff’s PERSON. Requires INTENT and CAUSATION.
TORTS: Respondeat Superior
Issue: whether the principal will be vicariously liable for torts committed by agent. Two-part test: Principal will be liable for torts committed by agent if: (1) there is a principal-agent relationship; and (2) the tort must occur within the scope of that relationship.
TORTS: ASSAULT
D must place the plaintiff in REASONABLE APPREHENSION; of IMMEDIATE HARMFUL OR OFFENSIVE CONTACT. Requires INTENT and CAUSATION.
TORTS: Intentional Infliction of Emotional Distress (IIED)
∆ must engage in outrageous conduct; AND π must suffer severe emotional distress. Also requires INTENT (or recklessness) and CAUSATION. NOTE: For this intentional tort only, reckless conduct on the part of the ∆ will be adequate. Does not need actual intent.
CRIMES: SOLICITATION
Solicitation consists of inciting, counseling, advising, inducing, urging, or commanding another to commit a felony with the specific INTENT THAT THE PERSON SOLICITED COMMIT THE CRIME.
TORTS: TRESPASS TO LAND
Physical invasion of π’s real property. Requires INTENT and CAUSATION.
TORTS TRESPASS TO CHATTELS
An act by Defendant that INTERFERES with PLAINTIFF'S RIGHT OF POSSESSION in a chattel. Requires INTENT, CAUSATION, and DAMAGES.

What tort has been committed? It depends on the degree of interference: if the interference is small, minor, or slight, then it is a TRESPASS TO CHATTELS. By contrast, the big harm would be CONVERSION. Recovery: FMV of property for CONVERSION; Cost of repair for TRESPASS TO CHATTELS.
CIV PRO: PERSONAL Jurisdiction: Minimum Contacts
D must have "such minimum contacts" with the forum that the exercise of jurisdiction would be fair and reasonable. Look to 2 factors: purposeful availment and foreseeability. There must be a relevant tie between ∆ and the forum state.
TORTS: SELF-DEFENSE
When a person REASONABLY BELIEVES that she is being (or is about to be) attacked, she may use such force as is reasonably necessary to protect against injury. DEGREE OF FORCE: must be a degree of force REASONABLY necessary to respond to the threat (rule of proportionality). Self-defense is usually not available to the initial aggressor. A REASONABLE MISTAKE as to the existence of the danger is allowed.
PROPERTY: JOINT TENANCY (JT)
The 4 UNITIES must be persent at the outset in order to create a JT (T-TIP Test):
1. Unity of TIME. All JT interests must have vested at the same time.
2. Unity of TITLE. The grant to all JTs must be the same instrument (e.g., one deed).
3. Unity of INTEREST. All JTs must take the same kind and the same amount of interest.
4. Unity of POSSESSION. All JTs must have identical rights of possession.

General RULE: To create a JT, the language of conveyance must clearly reflect the grantor's INTENT to create a JT. Under the majority rule today, certain magic words must be used: --"as joint tenants, with right of survivorship" or "in joint tenancy with right of survivorship." The JT carries a RIGHT OF SURVIVORSHIP. The surviving tenants take automatically on the death of a JT.
CRIMES: CONSPIRACY
1) An AGREEMENT between 2+ persons; 2) An INTENT TO ENTER INTO AN AGREEMENT; and 3) An INTENT TO ACHIEVE THE OBJECTIVE of the agreement. Today, a majority of the states require an OVERT ACT in furtherance of the conspiracy, but mere preparation will usually suffice.
CONTRACTS: OFFER
An offer is a manifestation of an INTENT TO CONTRACT (words or conduct showing commitment to become legally bound to the contract). An offer must also have DEFINITE AND CERTAIN TERMS and be COMMUNICATED to the offeree. An offer must create a REASONABLE EXPECTATION in the offeree that the offeror is willing to enter into a K on the basis of the offered terms.

Watch out for mere ads or invites to deal. Not offers.
TORTS: DEFAMATION
ELEMENTS: (i) DEFAMATORY LANGUAGE; (ii) "OF OR CONCERNING" the plaintiff; (iii) PUBLICATION thereof by ∆ to a third person; and (iv) DAMAGE to π's reputation.
BUSINESS ASSOCIATIONS: Corporate Formation
Corporate formation is "A PAIN":
1) AUTHORIZED SHARES -- the maximum # of shares a corp is authorized to issue.
2) PURPOSE
3) AGENT and address of registered office (registered agent is the corporation's official legal representative). 4) INCORPORATORS (name and address of each)
5) NAME OF CORPORATION -- the name must contain some indicia of corporate statues.
BUSINESS ASSOCIATIONS: The Principal-Agent Relationship In Tort [ABC]
The Principal-Agent relationship requires:
(A) ASSENT -- an informal agreement between the principal and the agent;
(B) BENEFIT -- the agent's conduct must be for the principal's benefit.
(C) CONTROL -- Principal must have the right to control the agent by having the power to supervise the manner of the agent's performance.
TORTS: Privacy Tort: INVASION OF PRIVACY
Invasion of π’s physical seclusion in a way that would be highly offensive to the average person. Warning: π has to be in a place where there is a reasonable expectation of privacy in order for the tort to be committed. EX: Eavesdropping of your conversation while you are at a restaurant -- no expectation of privacy VS. Doctor's office -- expectation of privacy.
TORTS Privacy Tort: FALSE LIGHT
The widespread dissemination of a material falsehood about the plaintiff that would be highly offensive to a reasonable person. Essentially the tort of “gossip” To proceed in false light, π must prove falsity. Damages are not limited to economic damages, which is why someone may assert it as a second claim to defamation. If it is a matter of public concern, π must show ∆ acted with actual MALICE. Not limited to defamatory statements. Ex: Misrepresenting a π’s political or religious beliefs. ***PRIVILEGES for defamation apply to false light and disclosure. Fault not required; reasonable belief is not a defense.
CIV PRO: PERSONAL JXN: Purposeful Availment
D's contact with the forum must result from her purposeful availment with that forum. Contacts cannot be accidental. D must reach out to the forum in some way, such as to make $$ there or to use the roads there. The court must find that through these contacts the D PURPOSEFULLY AVAILED himself "of the privilege of conducting activities within the forum state, thus invoking the benefits and protections of its laws." ASK: Has the ∆ purposefully availed himself of the benefits of the State; aiming his behavior at the state? Look to shipping goods, whether the ∆ makes money from the transactions, etc. An interactive website CAN be purposeful availment.
WILLS & TRUSTS: What is the rule of lapse?
If beneficiary doesn't survive the testator, the gift lapses and returns the residuary of the estate. Typically, states have anti-lapse statutes.
TORTS: Privacy Tort: PUBLIC DISCLOSURE of PRIVATE FACTS
Widespread dissemination of confidential information about the π that is highly offensive to a reasonable person. EXCEPTIONS: If it is newsworthy information, the media can publish it. ***PRIVILEGES for defamation apply to false light and disclosure.
WILLS & TRUSTS: Anti-Lapse Statute
Anti-lapse statute applies where devisee is: 1) Kindred of testator or of testator's spouse and devisee predeceases testator 2) Leaving issue. NOTE: The anti-lapse statute applies to both wills and revocable trusts.
PROPERTY: DUTIES OF THE TENANT
1. DUTY TO PAY RENT 2. DUTY TO MAINTAIN PREMISES If the lease is silent, the T is still subject to the CL duty not to commit waste. If the lease includes a covenant to repair, an express covenant makes the tenant the absolute insurer of the property. The MAJORITY view is that once the tenant covenants to repair, he is liable for EVERYTHING--including ordinary wear and tear. BUT, if the premises are destroyed without the tenant's fault, the tenant will be under no duty to rebuild the structure. 3. DUTY not to use the premises for ILLEGAL PURPOSES 4. DUTY NOT TO ABANDON THE PREMISES
TORTS: ECONOMIC TORTS
FRAUD – misrepresentation of a material fact, coupled with scienter (∆ made the statement and knew π would rely on it) with the intent to induce the π to act or refrain from acting, that caused the π to rely on that statement, and that π’s reliance was justifiable; and π must suffer actual loss.
NEGLIGENT MISREPRESENTATION –carelessly misrepresenting a fact in a business relationship where someone relies on your expertise
INDUCING BREACH OF CONTRACT -- Persuading someone to walk away from a binding contractual deal. MALICIOUS PROSECUTION – instituting a lawsuit without any probable cause, for an improper purpose. ABUSE OF PROCESS – Using a judicial proceeding or judicial process for an illicit purpose.
CRIMES: ATTEMPT
A criminal attempt is an act that, although done with the intention of committing a crime, falls short of completing the crime. Attempt requires: (1) A specific intent to commit the crime; and (2) An overt act in furtherance of that intent.
TORTS: CONVERSION
(i) An act by D that INTERFERES WITH P'S RIGHT OF POSSESSION in a chattel; (ii) The interference is SO SERIOUS that it warrants requiring D to pay the chattel's full value; (iii) INTENT and (iv) CAUSATION. Acts of conversion include wrongful acquisition (theft), wrongful transfer, wrongful detention, and substantially changing, severely damaging, or misusing a chattel. The longer the withholding of the property, the more likely it is to be a conversion rather than a trespass to chattel. P may recover DAMAGES (FMV at the time of conversion) or POSSESSION (replevin).
PROPERTY: DUTIES OF THE LANDLORD
1. DUTY TO DELIVER POSSESSION OF THE LEASED PREMISES 2. IMPLIED WARRANTY OF HABITABILITY At CL, there was NO DUTY to deliver the leased premises in habitable condition. Today, there exists an implied warranty of habitability, but ONLY FOR RESIDENTIAL PROPERTIES. 3. IMPLIED COVENANT OF QUIET ENJOYMENT
BUSINESS ASSOCIATIONS: CORPORATE FORMATION: Ultra Vires Acts
Activities beyond the scope of a stated business purpose are considered to be "ultra vires." At CL, ultra vires acts were void and unenforceable. But under the RMBCA, ultra vires acts are generally ENFORCEABLE, and the ultra vires nature of an act may be raised in only 3 situations: 1) A SHAREHOLDER may sue the corp to enjoin the proposed ultra vires act; 2) THE CORPORATION may sue an officer or director for damages for approving an ultra vires act; and 3) THE STATE may bring an action to dissolve a corporation for committing an ultra vires act.
PROPERTY: Tenant's Remedies for Breach of Implied Warranty of Habitability
1) Tenant can move out AND end the lease (w/ no further lease obligation) OR 2) Tenant can stay on the property AND sue for damages. 3) A growing number of states also allow the T to make reasonable repairs and deduct this cost from future rent payments ("repair and deduct")
PROPERTY: Implied Covenant of Quiet Enjoyment
Every lease includes the LL's implied promise not to interfere with the tenant's QUIET ENJOYMENT of the leased premises. This implied promise is included in EVERY lease--residential, commercial, or otherwise. The LL may breach this implied promise in 3 ways: 1) TOTAL EVICTION 2) PARTIAL EVICTION 3) CONSTRUCTIVE EVICTION
TORTS: STRICT LIABILITY: Prima Facie Case
For SL, the following elements must be shown: (i) the nature of the defendant's activity imposes an ABSOLUTE DUTY TO MAKE SAFE; (ii) the dangerous aspect of the activity was the ACTUAL and PROXIMATE CAUSE of the plaintiff's injury; and (iii) the plaintiff suffered DAMAGE to person or property.
TORTS: PRODUCTS LIABILITY
Products liability refers to the liability of a supplier of a defective product to someone injured by the product. There are 5 theories of liability that P may use: (i) intent; (ii) negligence; (iii) strict liability; (iv) implied warranties or merchantability and fitness for a particular purpose; and (v) representation theories (express warranty and misrepresentation).
TORTS: The Principal-Agent Relationship: SCOPE
The principal is liable for its agent's acts within the SCOPE of agency. FACTORS: 1) Was the conduct "of the kind" the agent was hired to perform? 2) Did the tort occur "on the job"? Frolic vs. Detour 3) Did the agent intend to benefit the principal?
TORTS PRODUCTS LIABILITY: Elements
To find liability under ANY products liability theory, P must show: (i) a DEFECT; and (ii) existence of the defect WHEN THE PRODUCT LEFT D's CONTROL.
BUSINESS ASSOCIATIONS: Liability of Principle for Ks Entered by Agents
Principal is liable for Ks entered into by its agent if the agent is AUTHORIZED to enter the K. There are 4 types of authority: 1) ACTUAL EXPRESS Authority 2) ACTUAL IMPLIED Authority 3) APPARENT Authority 4) RATIFICATION
BUSINESS ASSOCIATIONS: PIERCING THE CORPORATE VEIL
As a general rule, shareholder is not liable for the debts of a corporation. Except: the court will pierce the corporate veil to avoid fraud or unfairness. Courts will pierce the corporate veil for: ALTER EGO (failure to observe sufficient corporate formalities); or UNDER-CAPITALIZATION (failure to maintain sufficient funds to cover foreseeable liabilities). Remember: Courts are generally more willing to PCV for a tort victim than for a K claimant.
BUSINESS ASSOCIATIONS: DUTIES of Agent to Principal
In return for reasonable compensation and reimbursement of expenses, agents owe principals: 1) Duty of CARE; 2) Duty to OBEY instructions that are reasonable; and 3) Duty of LOYALTY. The agent may NEVER do any of the following: (i) engage in SELF-DEALING (agent cannot receive a benefit to the detriment of the principal); (ii) USURP the principal's opportunity; or (iii) make SECRET PROFITS at the principal's expense without disclosure.
CONTRACTS: ACCEPTANCE
An acceptance must manifest an intent to contract to the terms of the offer and be communicated to the offeror. The offeree exercises the power given to her by the offeror to create a contract.
EVIDENCE: HEARSAY
Hearsay is "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." If a statement is hearsay, and no exception is applicable, the evidence must be excluded upon appropriate objection to its admission.
CRIM PRO: Fruit of the Poisonous Tree
In addition to excluding all evidence which has been illegally obtained, any additional evidence acquired either directly or indirectly from the illegal arrest, search, or seizure must also be excluded as tainted "fruit of the poisonous tree."
CRIM PRO: Warrantless Search
Warrantless search is presumptively unreasonable under the 4th Am. unless an exception applies. Exceptions: 1) SITA 2) Automobile Exception 3) Inventory/Impound Search (Inevitable Discovery) 4) Stop/Frisk search for weapons on a person or of a passenger compartment of a car when officer reasonably believes that person is armed and dangerous
EVIDENCE: Statements that are NON-HEARSAY under the FRE
1) Prior Statements by a Declarant-Witness (prior inconsistent statement under oath, prior consistent statement made before motive to lie arose, prior ID) 2) Admissions by Party-Opponent
CONTRACTS: Acceptance: The Mailbox Rule
Acceptance by mail or similar means creates a K at the MOMENT OF DISPATCH provided that the mail is properly addressed and stamped, UNLESS: (i) The OFFER STIPULATES that acceptance is not effective until received; or (ii) An OPTION K is involved (--> an acceptance under an option K is effective only upon RECEIPT). NOTE: because in most jurisdictions a revocation is effective only upon receipt, under the mailbox rule if the offeree dispatches an acceptance BEFORE offeror RECEIVES A REVOCATION, a K is formed.
CON LAW: FUNDAMENTAL RIGHTS: PRIVACY
(1) marry (2) procreate (3) custody of one's children (4) keep the family together (housing) (5) control the upbringing of one's children (6) opurchase & use contraceptives (7) abortion (undue burden test) (8) engage in private consensual homosexual activity (9) refuse medical treatment BUT NO right to physician - assisted suicide
CONTRACTS: CONSIDERATION
Two elements are necessary for valid consideration:
1) there must be a bargained for exchange between the parties, and
2) that which is bargained for must constitute a benefit to the promisor OR a detriment to the promisee. Detriment is determined by whether an exchange contains legal value (duty to do something not otherwise legally obligated to do or forbearance from something legally entitled to do).
CRIMES: INSANITY: M'Naughten
Defendant is entitled to an acquittal if the proof establishes that a defendant's mental defect lacked the ability to know the wrongfulness of his actions or to appreciate the nature and quality of his actions.
PROPERTY: Elements for a restrictive covenant's BURDEN to run
WITHN
1) Writing: original promise between parties was in writing
2) Intent: The parties must intend that the restriction run with the land.
2) Touch and concern the land: If the performance of the covenant makes that land more valuable or more useful, the covenant touches and concerns the land. NOTE: covenants not to compete DO touch and concern the land.
3) Horizontal and Vertical Privity: Horizontal - Original parties were in succession of estate like grantor/grantee or landlord/tenant. Vertical - Nonhostile nexus usually through contract, devise, descent (no vertical privity if interest acquired through adverse possession).
CONTRACTS: DEFENSES to Enforcement/Formation
1. Absence of Mutual Assent 2. Absence of Consideration 3. Public Policy Defenses -- Illegality 4. Lack of Capacity 5. Defenses to Enforcement (i) Statute of Frauds (ii) Unconscionability
PROPERTY: For the benefit of a restrictive covenant to run
WITV
1) Writing
2) Intent
3) Touch and concern the land
4) Vertical Privity

^Easier than burden side
WILLS & TRUSTS: Dependent Relative Revocation
If testator revokes her will, or a portion thereof, in the MISTAKEN belief that a substantially identical will or codicil effectuates her intent, then, by operation of law, the revocation of the first will be deemed conditional, dependent, and relative to the second effectuating testator's intent. If the second does not effectuate testator's intent, the first (by pure legal fiction) was never revoked.
CRIM Pro: EXCLUSIONARY RULE
The exclusionary rule prohibits the introduction, at criminal trial, of evidence obtained in violation of a D's 4th, 5th, or 6th Amendment rights.

Does not apply to grand jury proceedings or civil trials.
PROPERTY: EQUITABLE SERVITUDES: Requirements to bind successors
WITN (ES --> Eq Serv) = WITNES
1) Writing (original promise)
2) Intent that the restriction be enforceable by successors-in-interest
3) Touch and concern the land
4) Notice to the subsequent purchaser (actual, constructive, or inquiry). NO PRIVITY of any kind is required to enforce the promise in equity as an equitable servitude.
WILLS & TRUSTS: Essay CHECKLIST
WILLS: 1. Execution of wills 2. Revocation of wills 3. Components of wills (integration, republication by codicil, incorporation by reference, acts of independent significance) 4. Interpretation of wills 5. Intestate succession 6. Rights of surviving spouse and children (pretermitted) 7. Bars to succession (homicide, elder abuse, no contest clause)
TRUSTS: 1. Creation of a valid trust (7 elements) 2. Types of Trusts (discretionary, mandatory, spendthrift, honorary, secret, semi-secret, revocable, totten, charitable) 3. Modification and termination of trusts 4. Trust administration and Trustees Duties
WILLS & TRUSTS: Creation of a Valid Trust (7 elements)
1. Settlor/trustor 2. Delivery 3. Trustee 4. Intent 5. Trust Property (Res) 6. Beneficiaries 7. Valid Trust Purpose (cannot violate law or public policy)
WILLS & TRUSTS: Trustee's Duties
FIDUCIARY DUTIES
1) DUTY OF CARE (Trustee must exercise degree of care, skill and caution of a reasonable person in managing her own property) DUTIES RELATING TO CARE OF TRUST PROPERTY: a) duty to collect and protect trust property b) duty to earmark property c) duty not to delegate investment decisions d) duty not to commingle trust funds e) duty to maintain marketability of trust property f) duty to keep trust property productive g) duty to diversify investments h) duty not to speculate i) duty to account do trust beneficiaries.
2) DUTY OF LOYALTY: a) Self-dealing b) Conflict of interest
PROPERTY: ADVERSE POSSESSION (HELUVA)
Six Requirements: H-E-L-U-V-A 1. HOSTILE (X is on the land with no right to be there) 2. EXCLUSIVE (X must be excluding others from possessing the property) 3. LASTING (The possession must last for the statutory period; CL is 20 yrs) 4. UNINTERRUPTED USE (continuous use that an ordinary owner would make) 5. VISIBLE (open + notorious) 6. ACTUAL [POSSESSION] (X must actually possess the land to obtain title. --The true owner DOES NOT have to know what's going on. --The adverse possessor (X) DOES NOT have to think he owns it (GF/bad faith is irrelevant).
Directors' Liability: DUTY TO MANAGE
Directors have a DUTY TO MANAGE the corporation. Directors may delegate management functions to a committee of one or more directors that recommends action to the board.
CIV PRO: DIVERSITY OF CITIZENSHIP JXN
DIVERSITY: Federal courts have jurisdiction over claims in which there is complete diversity and in which the amount in controversy exceeds $75,000.
CRIMES: 6th Am RIGHT TO COUNSEL
The 6th Am provides that in all criminal prosecutions, the D has a right to the assistance of counsel. It applies at all CRITICAL STAGES of a criminal prosecution AFTER formal proceedings have begun. The right is violated when the police deliberately elicit an incriminating statement from a D without first obtaining a waiver of the D's right to have counsel present. The 6th Am right has been limited to cases where ADVERSARY JUDICIAL PROCEEDINGS have begun (e.g., formal charges have been filed). Thus, the right DOES NOT APPLY TO PRE-CHARGE CUSTODIAL INTERROGATIONS (but 5th Am. right to counsel-Miranda-is relevant).
PROPERTY: PRESENT and FUTURE COVENANTS
PRESENT:
1. Covenant of Seisin (grantor owns the land)
2. Covenant of Right to Convey (power to transfer)
3. Covenant Against Encumbrances (no liens/servitudes)
FUTURE:
1. Covenant of Quiet Enjoyment ("I'm selling this to you and only you.")
2. Covenant of Warranty (grantor will defend grantee against any claims of title asserted by others)
3. Covenant of Further Assurances--The "Mop-Up" Covenant

BREACH of a Covenant of Title: Where there is a breach of warranty, plaintiff's damages will be limited to the amount of purchase price received by the warrantor plus any incidental damages.
BUSINESS ASSOCIATIONS: Directors' Liability: BUSINESS JUDGMENT RULE (BJR)
In managing the corporation, the directors are protected from liability by the BJR. The BJR is a presumption that the directors manage the corporation in good faith and int he best interests of the corporation and its shareholders. As such, directors will not be liable for INNOCENT MISTAKES of business judgment. Judges will not step into the shoes of board and determine if directors acted with good business judgment. Minimal judicial discretion.
CRIMES: ENTRAPMENT
Entrapment occurs if the intent to commit the crime originated not with the D, but rather with the creative activities of law enforcement officers. The defense of entrapment consists of 2 elements: 1) the CRIMINAL DESIGN must have ORIGINATED WITH LAW ENFORCEMENT officers; and 2) the D must NOT have been PREDISPOSED to commit the crime prior to the initial contact by the government. If D offers evidence to show these two elements, then the gov't must show predisposition beyond a reasonable doubt.
CRIMES: BATTERY
Battery is an unlawful application of force to another's person resulting in either bodily injury or an offensive touching. Need not be intentional (compare tort battery); force need not be applied directly. Consent is a defense only to simple battery (e.g., medical operation).
CRIM Pro: 5TH AM (MIRANDA)
The 5th Am provides that no person shall be compelled to be a witness against himself. Interpreted to mean that a person shall not be compelled to give self-incriminating testimony.
BUSINESS ASSOCIATIONS: Directors' Liability: FIDUCIARY DUTY
Despite protection presumed from the business judgment rule, directors are FIDUCIARIES who owe duties of CARE and LOYALTY.
CRIM Pro: MIRANDA: When Required
Anyone in police CUSTODY and accused of a crime, no matter how minor a crime, must be given Miranda warnings PRIOR TO INTERROGATION by the police.
CON LAW: Obscenity
MUST meet ALL of these requirements: (1) The material must appeal to the prurient interest in sex (= shameful or morbid interest in sex) (2) Material must be patently offensive under a community standard (3) Taken as a whole, the material must lack serious redeeming artistic, literary, political or scientific value (= value determined by a NATIONAL standard & NOT a local value)
BUSINESS ASSOCIATIONS: Directors' Liability: DUTY OF CARE
A director owes the corporation a duty of care. She must act with the care that a PRUDENT person would use with regard to her own business, unless the Articles have limited director liability for a breach of the duty of care.
EXAM ANSWER: Directors have a duty to manage. They are protected by the BJR, but they are fiduciaries who have duties of care and loyalty. Directors must act with prudence unless the articles have limited liability or a duty of care. The articles cannot limit liability for a breach of a duty of loyalty.
CRIMES: MURDER
Murder is the unlawful killing of another human being with malice aforethought. Malice aforethought may be express or implied.
BUSINESS ASSOCIATIONS: Directors' Liability: DUTY OF LOYALTY
A director owes the corporation a duty of loyalty. A director may not receive an UNFAIR benefit to the detriment of the corporation or its shareholders, UNLESS there has been material DISCLOSURE and INDEPENDENT RATIFICATION. Types: A. SELF-DEALING B. USURPING CORPORATE OPPORTUNITIES C. RATIFICATION
EXAM ANSWER: Directors have a duty to manage corporate affairs. They are protected by the BJR, but they are fiduciaries who have duties of care and loyalty. Directors may not receive an unfair benefit unless there has been disclosure, plus independent ratification by the board or a group of disinterested shareholders.
EVIDENCE HEARSAY EXCEPTIONS -- Residual "Catch All" Exception
The FRE provides a general catch-all exception of hearsay statements not covered by specific exceptions. There are 3 requirements: 1) "TRUSTWORTHINESS" -- Statement must have "circumstantial guarantees of trustworthiness'" that are equivalent to those of statements admitted under other hearsay exceptions. 2) "NECESSITY" -- The statement must be offered on a MATERIAL FACT, and must be MORE PROBATIVE as to that fact than any other evidence which the proponent can reasonably produce so that the "INTERESTS OF JUSTICE" will be served by its admission. 3) NOTICE TO ADVERSARY -- the proponent must give notice in advance of trial to the adverse party as to the nature of the statement so that the adversary has an opportunity to prepare to meet it.
CRIMES MURDER: Malice Aforethought
In the absence of facts excusing the homicide or reducing it to VM, malice aforethought exists if the D has any of the following states of mind:
(i) Intent to kill (express malice);
(ii) Intent to inflict GBI;
(iii) Reckless indifference to an unjustifiably high risk to human life ("abandoned and malignant heart"); or (iv) Intent to commit a felony (FMR)
CRIMES: VOLUNTARY MANSLAUGHTER (VM)
VM is an intentional killing distinguishable from murder by the existence of adequate provocation, i.e., a killing in the heat of passion. ELEMENTS: a) the provocation must have been one that would arouse SUDDEN AND INTENSE PASSION in the mind of an ORDINARY PERSON such as to cause him to lose his self-control; b) the D must have IN FACT BEEN PROVOKED; c) there MUST NOT HAVE BEEN A SUFFICIENT TIME for a reasonable person to cool; and d) the defendant DID NOT cool off between the provocation and the killing.
CRIMES: INVOLUNTARY MANSLAUGHTER (IVM)
There are two types of IVM: 1) Criminal Negligence 2) Misdemeanor Manslaughter
CONTRACTS: BREACH
When a party fails to perform MATERIALLY by the terms of the K he is in breach. The non-breaching party may seek damages.
CON LAW: Boundaries of Congressional action under the Commerce Clause
1. Congress may regulate the CHANNELS of interstate commerce 2. Congress may regulate the INSTRUMENTALITIES of interstate commerce, and persons or things in interstate commerce; OR 3. Congress may regulate ECONOMIC ACTIVITIES that have a SUBSTANTIAL EFFECT on interstate commerce. If attempting to regulate intrastate activities that have an aggregate effect on interstate commerce:
If non-economic intrastate activity, a substantial effect on interstate commerce must be factually proven. If economic intrastate activity, upheld if rational basis for Congress to conclude a substantial effect on interstate commerce.
CRIMES: KIDNAPPING
Kidnapping is defined as confinement of a person that involves either: (a) some movement (i.e., asportation) of the victim; or (b) concealment of the victim in a "secret" place.
CIV PRO ERIE DOCTRINE
A federal court, in the exercise of its diversity jxn, is required to apply the SUBSTANTIVE LAW OF THE STATE in which it is sitting, including that state's conflict of law rules. However, the federal courts apply FEDERAL PROCEDURAL LAW in diversity cases. First, ask if there is a federal law directive on point (if so, use that). If there is no federal directive on point, ask whether the issue is substantive or procedural. --Substantive --> fed judge must follow state law in a diversity case --Procedural --> fed judge may ignore state law.
CRIMES: RAPE
Rape is the unlawful carnal knowledge of a woman by a man, not her husband, without her effective consent. Requires only penetration of the female sex organ by the male sex organ. Today, most states have abolished the marriage exception. Must be without the victim's effective consent.
CIV PRO: FEDERAL QUESTION JXN
The district courts shall have original jxn of all civil actions ARISING UNDER THE CONSTITUTION, LAWS OR TREATIES OF THE UNITED STATES... --fed Q must appear as part of the P's cause of action as set out in a well-pleaded complaint (cannot appear in the defendant's answer as a defense).
CIV PRO: VENUE -- In General
Venue in civil actions in the federal courts is proper in: (i) a judicial district where ANY D RESIDES, if all Ds reside in the same state; (ii) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated.
CON LAW: What is the Privileges & Immunities clause of Article IV?
No state may deprive citizens of other states of the Privileges & Immunities that it affords its own citizens. An anti-discrimination provision - limits ability of a state to discriminate against out-of-staters. Only FUNDAMENTAL RIGHTS (those involving important commercial activities, like the pursuit of livelihood) and CIVIL LIBERTIES are protected.

Compare P&I Clause of 14th Am which states that a state cannot deny its own citizens the rights of national citizenship.
CON LAW: When does a state law violate the DORMANT COMMERCE CLAUSE? Exceptions?
If a state law burdens interstate commerce, it violates dormant commerce clause UNLESS that law is necessary to achieve an important government purpose (and no less restrictive alternative). Helping in-staters at out-of-staters' expense is NEVER an important government purpose. State has to show the law is necessary: has to show there is no less discriminatory way to achieve the objective. EXCEPTION 1: Congressional approval for the state to enact the law
EXCEPTION 2: The market participant exception. (A state or local government may prefer its own citizens in receiving benefits from government programs or in dealing w/ government-owned businesses)
CRIMES: ARSON
At CL, arson consists of: (i) the malicious; (ii) burning; (iii) of the dwelling; (iv) of another. Burning = blackening or charring of structure; mere blackening by smoke or discoloration by heat is not sufficient. Modernly, expanded to include things like exposions. Malice (recklessness or knowledge) required.
CRIMES: FELONY MURDER RULE (FMR)
A killing during the course of a felony--even an accidental one--is murder. Malice is implied from the intent to commit the underlying felony. To convict a D of FM, the prosecution must prove that he committed the underlying felony. So, if he has a substantive defense to the underlying felony, he has a defense to FM. CAUSATION required. D's conduct must he the cause-in-fact of the result; i.e., the result would not have occurred BUT FOR the D's conduct.

Most states say that a co-felon is not liable for the death of another co-felon who is killed by the police or crime victim during the course of the felony.
CON LAW: What is the SUPREMACY CLAUSE?
Constitution, and laws and treaties made pursuant to it, are the supreme law of the land. (eg, Federal law (plus treaties) WINS every time).
CIV PRO The CLASS ACTION
Representative(s) sues on behalf of class members. Must initially demonstrate ALL of these: (1) NUMEROSITY: too many class members for practicable joinder; (2) COMMONALITY: There are some question of law or fact in common to class; (3) TYPICALITY: Rep's claims/defenses typical of those of the class; and (4) REPRESENTATIVE IS ADEQUATE: Rep will fairly and adequately represent class.

For money damages: class action method is SUPERIOR and common issues must PREDOMINATE over individual issues. Also must give notice to class and chance to opt-out.
CON LAW: RATIONAL BASIS TEST
RATIONALLY RELATED to a LEGITIMATE government interest. (actual purpose need not be legitimate; must only be conceivable). Gov. usually wins. The law us usually valid unless it is ARBITRARY or IRRATIONAL. CHALLENGER has the burden of proof.
CON LAW: INTERMEDIATE SCRUTINY
SUBSTANTIALLY related to an IMPORTANT government interest. --Court looks to government's ACTUAL purpose. --Burden is on the government.
CON LAW: STRICT SCRUTINY
Must be NECESSARY to achieve a COMPELLING government purpose. You must find that NO less restrictive alternative could be used to achieve the government purpose. --Court looks to government's ACTUAL purpose. --Burden is on the government.
CON LAW: FREEDOM OF ASSOCIATION
Laws that prohibit or punish group membership must meet strict scrutiny. To punish membership in a group it must be proven that the person: (i) actively affiliated with the group; (ii) knowing of its illegal activities; and (iii) with the specific intent of furthering those illegal activities.
CON LAW: Equal Protection: Proving a Discriminatory Classification
For strict or intermediate scrutiny to be applied, there must be INTENT on the part of the government to discriminate. Intent may be shown by: (i) A law that is DISCRIMINATORY ON ITS FACE; (ii) A DISCRIMINATORY APPLICATION of a facially neutral law; or (iii) A DISCRIMINATORY MOTIVE behind the law. NOTE: The third is the most difficult to prove. A discriminatory EFFECT alone is not enough. The legislature's discriminatory motive must be shown (e.g., by evidence of a history of discrimination).
CON LAW: Restrictions on Speech in Limited Public Forums and Non-Public Forums
Speech and assembly can be more broadly regulated in limited public forums (e.g., military bases and schools when classes are in session) and nonpublic forums. The gov't can regulate speech in such a forum to reserve the forum for its intended use. Regulations are valid if they are: (i) VIEWPOINT NEUTRAL; and (ii) REASONABLY RELATED TO A LEGITIMATE government purpose (rational basis).
CON LAW Speech: Validity for Prior Restraints
To be valid, a system for prior restraint must provide the following procedural safeguards: (i) The standards must be NARROWLY DRAWN, REASONABLE, AND DEFINITE; (ii) Injunction must PROMPTLY be sought; and (iii) There must be PROMPT AND FINAL DETERMINATION of the validity of the restraint. Prior restraints are very rarely allowed. The government has the heavy burden of justifying the prior restraint by showing that some SPECIAL SOCIAL HARM will otherwise result.
CON LAW: The ESTABLISHMENT CLAUSE: The "LEMON Test"
The Establishment Clause prohibits laws respecting the establishment of religion. If government action includes a preference for one religious sect over antother, it is INVALID unless it meets STRICT SCRUTINY. If government action does NOT involve sect preference, it is VALID under the Establishment Clause if: (SEX) 1) There must be a SECULAR purpose for the law; 2) The EFFECT must be neither to advance nor inhibit religion; and 3) There must not be EXCESSIVE entanglement with religion.
CONTRACTS: Acceptance: The Mailbox Rule
Acceptance by mail or similar means creates a K at the MOMENT OF DISPATCH provided that the mail is properly addressed and stamped, UNLESS: (i) The OFFER STIPULATES that acceptance is not effective until received; or (ii) An OPTION K is involved (--> an acceptance under an option K is effective only upon RECEIPT). NOTE: because in most jxns a revocation is effective only upon receipt, under the mailbox rule if the offeree dispatches an acceptance BEFORE offeree RECEIVES A REVOCATION sent by the offeror, a K is formed.
CON LAW: PRIVACY is a FUNDAMENTAL RIGHT - what are the 9 privacy categories that are protected by SDP & the 1 highlighted as not being protected?
(1) RT to marry (2) RT to procreate (3) RT to custody of one's children. (4) RT to keep the family together (housing) (5) RT to control the upbringing of one's children (6) RT to purchase & use contraceptives (7) RT to abortion (undue burden test) (8) RT to engage in private consensual homosexual activity (9) RT to refuse medical treatment BUT NO RT to physician - assisted suicide
CONTRACTS: CONSIDERATION
Consideration is a BARGAINED FOR EXCHANGE whereby there is a DETRIMENT AND BENEFIT flowing from each party to the other. LONG RULE: Two elements are necessary to constitute consideration: (i) there must be a BARGAINED FOR EXCHANGE between the parties; and (ii) that which is bargained for must be considered of LEGAL VALUE or, put differently, it must constitute a benefit to the promisor OR a detriment to the promisee. Detriment is determined by whether an exchange contains legal value.
CONTRACTS: DEFENSES to K Formation
1. Absence of Mutual Assent 2. Absence of Consideration 3. Public Policy Defenses -- Illegality 4. Lack of Capacity 5. Defenses to Enforcement (i) Statute of Frauds (ii) Unconscionability
CRIMES EXCLUSIONARY RULE
The exclusionary rule prohibits the introduction, at criminal trial, of evidence obtained in violation of a D's 4th, 5th, or 6th Amendment rights.
CONTRACTS: UCC Article 2: WARRANTIES
Ks for the sale of goods automatically include a warranty of title (in most cases). They may also include certain implied warranties and express warranties. WARRANTY OF TITLE & WARRANTY AGAINST INFRINGEMENT: Any seller of goods warrants that the title transferred is good (free of liens or encumbrances). This arises automatically and need not be mentioned in the K. A merchant seller regularly dealing in goods of that kind automatically warrants that the goods are delivered free of any patent, trademark, copyright, or similar claims. But a buyer who furnishes specifications for the goods to the seller must hold the seller harmless against such claims. IMPLIED WARRANTY OF MERCHANTABILITY: A merchant dealing in the goods of the type being sold impliedly warrants that they will be merchantible unless sold "as is". Merchantability means that they are fit for the ordinary purpose for which they are used.
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE: implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow. The warranty of fitness applies to all sellers, unlike warranty of merchantability which applies only to professional merchants.
EXPRESS WARRANTIES: Express warranties are affirmative promises about the quality and features of the goods being sold. Claiming a watch is "waterproof to 250 feet," that a car gets "35 mpg on the highway," or that a brand of concrete "cures rock-hard in 5 minutes, no matter what the weather" are all examples of express warranties. But express warranties under the U.C.C. include more than just affirmative statements. They also include descriptions of the goods being sold or samples shown to the buyer. If the buyer is shown a floor sample of the kind of television he/she wants to buy, this sample is an express warranty that the television actually sold is the same type and same quality as the floor sample.
CRIMES FELONY MURDER RULE (FMR)
A killing during the course of a felony--even an accidental one--is murder. Malice is implied from the intent to commit the underlying felony. Under the CL, the felonies included are BARRK To convict a D of FM, the prosecution must prove that he committed the underlying felony. So, if he has a substantive defense to the underlying felony, he has a defense to FM. CAUSATION required. D's conduct must he the cause-in-fact of the result; i.e., the result would not have occurred BUT FOR the D's conduct. Year and a day rule (CL) Remember, Intervening acts break the chain of causation.
CON LAW What is the SUPREMACY CLAUSE?
Constitution, and laws and treaties made pursuant to it, are the supreme law of the land. (eg, Federal law WINS every time)
CIV PRO PERSONAL JXN: Summary of Constitutional Test
“My Parents Frequently Forgot to Read Children’s Stories” Minimum Contacts
Purposeful Availment
Foreseeability
Fair Play & Substantial Justice
Relatedness of contact and claim
Convenience
State’s Interest
SECURED TRANSACTIONS: Security Interest
A secured creditor's legal right to repossess and sell a debtor's property (collateral).
SECURED TRANSACTIONS: Scope sentence for MEE
"This dispute is governed by UCC Article 9 because it involves security interests in personal property [and/or fixtures]."
SECURED TRANSACTIONS: Attachment
Attachment occurs when a secured party gives a value, the debtor has rights in the collateral, and the debtor either authenticates a security agreement describing the collateral OR gives possession (or control) of the collateral to the secured party under an oral security agreement (pledge).

Note: elements can occur in any sequence and over any duration. When the last element is satisfied, the interest attaches. When the interest attaches, the creditor becomes a secured party and has the right to repossess the collateral if the debtor defaults.
SECURED TRANSACTIONS: Security Agreement Requirements
1. Written
2. Authenticated by debtor (owner of collateral)
3. Grant or create a security interest
4. Identify the collateral (language must fit the property and must be specific enough to say what is included and what's not.) Can be by item (non Article 9 stuff like a horse) or by type (Article 9 classification) or an account (represents money owed to the debtor by a third party).

^usually this is a given in the fact pattern
SECURED TRANSACTIONS: Article 9 Classifications for Goods
Farm products: crops, livestock, supplies and products used in farming operations; products of crops or livestock in their unmanufactured states if they are in the possession of a debtor engaged in raising, fattening, grazing or aquaculure.
Inventory: Goods held for sale or lease, raw materials, and supplies used up in a business, if not farm products.
Consumer Goods: Used or bought for use primarily for personal, family or household purposes.
Equipment: Every other good.