Term

Subject Matter Jurisdiction

Personal Jurisdiction

Abode Service

Waiver (of process)

Agent Service

State Publication Method

Personal Service
 Definition
The power of a state or federal court to hear the subject matter at issue.
The power a court over D’s person or property
an authorized process server leaves the service at D’s last known abode with somebody
residing there in of proper age and discretion (usually age 12 in AZ).
P mails the complain to D, with a request that D waive formal process of service.
personal service is made on an authorized agent or maaging agent, or on any partner if you
are suing a partnership.
must file an affidavit swearing that either 1) D owns real property in AZ, or 2) after due inquiry
D cannot be found any other way. Then process must be mailed to D’s last known address
and published once a week for 4 consecutive weeks.
an authorized process server makes personal, in-hand delivery to the D (a reluctant D will
allow personal service be made in the vicinity - wingspans distance - of D).
 Torts

Term Definition
an act of physical invasion of the P’s real property by D;
Trespass to Land Intent to bring about a physical invasion of the P’s real property; and
causation.
Industry Standards May be
where a defendant intends to commit a tort against one person but instead:
one commits a different work against that person;
commits the same tort as intended but against a different person; or
commits a different tort against different person, the intent to commit a tort against one person is
Transferred intent
transferred to the other tort or to the injured person for purposes of establishing a prima facie case.

(note, doctrine applicable to the intentional torts of assault, battery, false imprisonment, trespass to land
and trespass to chattel.
a person may interfere with property of another where it is reasonably apparently necessary to avoid
Privilege of necessity threatened injury from a natural or other force and where the threatened injury is substantially more
serious than the invasion that seeks to avert it.
is a person who enters land with the owner's permission or his own purpose or business rather than for
Licensee
the owners benefit.
The owner or occupier of land has a duty to warn a licensee of a dangerous condition known to the owner
Landowner/Occupiers Duty
or occupier that creates an unreasonable risk of harm to the licensee and that the licensee is unlikely to
owed to Licensee
discover.
Invasion of privacy involving
the publication was of private information about the plaintiff that a reasonable person would object to
public disclosure of private
having been made public.
facts
breach of duty requires showing:
Products liability based on a
negligent conduct by the defendant leading to
negligence theory
the supplying of a defective product by the defendant.
an act by the D creating a reasonable apprehension in the P of immediate harmful or offensive contact to
the P’s person,
Assault
Intent on the part of D to bring about such apprehension; and
causation.
an act by D that brings about harmful or offensive contact to the P’s person;
intent by D to bring about such contact; and
causation.
Battery
(note, referring to contact, it is sufficient if P sets in motion a force that brings about harmful or offensive
contact with the P’s person).

1 of 93

Indemnity
Joint and Several Liability
Negligent Infliction of
Emotional Distress
Invasion of Privacy based
on False Light
Duty Standard of Care for
Child Tortfeasor
Defense of Property
Principal Vicarious Liability the principal has a duty that is nondelegable on public policy ground (e.g, a land occupier’s duty to keep
for Independent Contractor his land safe for business invitees); or
Partnership Vicarious
Liability
Products liability based on a breach of that duty by the sale of a product in a defective condition unreasonably dangerous to users;
Strict Liability Theory
Invasion of Privacy -
Appropriation of the P’s
picture or name for D’s
commercial advantage
Attractive Nuisance
Torts
One who is held liable for damages caused by another simply because of his relationship to that person
may seek indemnification from the person whose conduct actually caused the damage.
each D is liable to P for the entire damage incurred, so that P may recover the entire judgment amount
from any defendant (with P of course being limited to one total recovery).
when P creates a foreseeable risk of physical injury to the P through causing a threat of physical impact
that leads to emotional distress
publication of facts about P by D placing P in a false light in the public eye; and
the “false light” must be something that would be objectionable to a reasonable person under the
circumstances.
a child of like age, education, intelligence, and experience.
One may use only reasonable force to defend property, though use of the force may not include force that
will cause death or serious bodily harm.
the independent contractor is engaged in inherently dangerous activities; or
negligence in selecting or retaining an incompetent independent contractor.
each member of the partnership is vicariously liable for the tortious conduct o another partner committed
in the scope of the partnership’s affairs, unless the tortfeasor (i.e., partner in this case) has gone off on a
frolic of his own, which would mean that he is no longer acting within the scope of the partnership and the
other partners will not be liable.
(note, while a frolic will relieve principals and partners from vicarious liability, a minor deviation by an
agent or partner will not relieve the principal or partnership from liability because such an activity is not
deemed to be outside the scope fo the affairs of the relationship).
strict duty owed by a commercial supplier;
actual and proximate cause; and
damages.
i) a P need only prove the unauthorized use by D of the P’s picture or name for D’s commercial
advantage.
a special duty imposed on landowners in regard to children on his property; P must show:
there is a dangerous condition present on the land of which the owner is or should be aware;
the owner knows or should know that young persons frequent the vicinity of this dangerous condition;
the condition is likely to cause injury because of the child’s inability to appreciate the risk; and
the expense of remedying the situation is slight compared with the magnitude of the risk.
2 of 93
 Torts

P must be aware of the risk and then voluntarily assume that risk.

Assumption of the Risk (note, assumption of the risk, either implied or express, is a valid defense to
a) strict product liability claim; and
b) negligence in a traditional contributory negligence jurisdiction).
Products liability design P usually must show a reasonable alternative design, i.e., that a less dangerous modification or
defect alternative was economically feasible.
Cause In Fact (actual
An act is the cause in fact of an injury when the injury would not have occurred but for the act.
cause)
D is liable for all harmful results that are the normal incidents of, and within the increased risk cause by
Proximate Cause
his acts.
is one where a force came into motion after the time of D’s negligent act and combined with the negligent
act to cause injury to the P.
Indirect Cause Case
(note, in the case of criminal acts by a third person, D may be negligent if it was foreseeable that D’s
actions increased the likelihood of the crime being committed).
Duty of Care Standard - for required to possess and exercise the knowledge and skill of a member of the profession in good standing
Professionals in similar localities.
a contributorily negligent P is allowed to recover a percentage of her damages, reduced according to her
Comparative Negligence
proportionate share of the fault.

3 of 93
 Term Definition Requirements
Adverse Possession

(note, an adverse possessor will gain title only to the

land he actually occupies. Possession of a portion of a
unitary tract is sufficient adverse possession of the
whole if there is a reasonable proportion between the
part actually possessed and the whole, and if the
Reversion possessor
The residuehas
leftcolor of grantor
in the title).

(Note, a reversion is transferable, devisable by will, and

descendible by inheritance. Further, a holder of a
reversion may sue a possessory owner for waste).
Joint Tenancy with Right
of Survivorship (note:
a) an inter vivos conveyance by one JT of his undivided
interest severs the JT, creating a tenancy in common for
the transferee;
b) a will is effective only at death and is inoperative as
to JT property because at the instant of death, the
decedent’s rights in the property extinguish).
Marketable Title is title reasonably free from doubt, i.e., title that a
reasonably prudent buyer would be willing to accept.

is a title that is free from questions that might present

an unreasonable risk of litigation.

The seller of real property need not have marketable

title until the closing. In fact, the seller has the right to
satisfy and eliminate title defects, such as a mortgage,
at the closing with proceeds from the sale.
Relation Back Doctrine equitable doctrine, so that title is deemed to have
passed to the buyer at the time the seller deposited the
deed in escrow, thereby constituting a valid conditional
Easement by Necessity delivery.
arises when the owner of a tract of land sells a part of
the tract and by this division deprives one lot of access
to a public road or utility line.
Easement by Requires the use of the easement be:
Prescription open and notorious;
adverse, and
continuous and uninterrupted for the
statutory period.
Executory Interest an interest in property that divests the interest of
another

Remainder a future interest created in a transferee that is capable

of taking in possession on the natural termination of the
preceding estate.
Vested Remainder the beneficiaries are ascertainable and their taking in
possession is not subject to a condition precedent.
Vested Remainder created in a class of persons that is certain to take but
Subject to Open is subject to diminution by reason of others becoming
entitled to take.
Vested Remainder arises when possession is subject to being defeated by
Subject to Total the happening of a condition subsequent.
Divestment
Title Theory title is in the mortgagee (the lender) until the mortgage
has been satisfied or foreclosed.

(this entitles the mortgagee to possession on demand at

any time).
Mortgage a security interest in property
Note evidence of underlying debt.
Notice Statute a type of recording statute that provides a subsequent
bona fide purchaser (i.e., one who gives valuable
consideration and has no notice of the prior instrument)
prevails over a prior grantee who failed to record.

(note, mortgagees are considered “purchasers”).

Natural Flow Theory a landowner cannot alter the rate or manner of natural
flow of surface waters (e.g., rainfall, melting snow)
where such actions would injure others above or below
Tenancy by the Entirety him.
Reserved for only married couples. It carries the right
of survivorship and can be terminated only by death of
a spouse, divorce of the spouses, mutual agreement, or
execution by a joint creditor of both spouses.
Nuisance an activity that substantially and unreasonably
interferes with a possessor’s use or enjoyment of the
property
Fixture a chattel that has been so affixed to the land that it
becomes part of the realty, i.e., the items have become
incorporated into the structure of the realty.

Color of Title possession of a document purporting to convey title.

Ouster The wrongful removal or forbiddance of entry of a co-
tenant by another co-tenant from possession of the
whole or any part of the premises results in the ousted
co-tenant to be entitled to receive his share of the fair
rental value (FRV) of the property for the time he was
Encumbrance wrongfully
any interestdeprived of possession.
in land that diminishes its value.
Easement by Implication if prior to the time the property is divided, a use exists
on the servient part that is reasonably necessary for the
enjoyment of the dominant part and the parties
intended the use to continue after division of the
property.

(note, the use must be continuous and apparent at the

time the property is divided and reasonable necessity is
determined by many factors including, the cost and
difficulty of alternatives, and whether the price paid
Defense of Acquiescence reflects
providesthe expected
that continued
if a benefited partyuse).
acquiesces in a
violation of the servitude by one burdened party, he
may be deemed to have abandoned the servitude as to
Defense of Unclean other burdened
available defenseparties.
to restrictions on land created by
Hands equitable servitude.
Ameliorative Waste alteration of the nature, character, or improvements
with no reasonable justification, even if such alteration
increases the value of the land.

(note, substantial alteration or demolishing of existing

buildings is only allowed if:
the market value of the future interest is not diminished
and either
the remainderman does not object, or
a substantial and permanent change in the
neighborhood conditions has deprived the property in its
current form of reasonable productivity or usefulness.
Equitable Servitude allows a covenantee, covenantor, or successor to
enforce the covenant in equity by way of injunction.
Easement an interest in land which gives the holder a right to use burdened
the land for certain purposes.
Requires:
a covenant in writing satisfying the Statute of
Frauds, that
touches and concerns the land (i.e., the
effect of the covenant makes the land fore
useful or valuable to the benefited party) and
that
indicates an intention that the servitude
exists, and
notice is given to future owners of the
land.

(note, easements like other interests in land, are good

against subsequent holders of the burdened (servient)
tenement as long as the interest is recorded).
Real Covenant a promise to do, or refrain form doing something on
one’s property that one would otherwise be privileged
Contingent Remainder to do.
a remainder requiring a future condition be satisfied.
Race-Notice Statute a subsequent purchaser for value without notice of any
prior conveyance is protected if she records before the
prior grantee.
Implied Easement if prior to the time the property is divided, a use exists
(Quasi-easement on the servient part that is reasonably necessary for the
enjoyment of the dominant part and the parties
intended the use to continue after division of the
property.

(note, the use must be continuous and apparent at the

time the property is divided and reasonable necessity is
determined by many factors including, the cost and
difficulty of alternatives, and whether the price paid
Easement Appurtenant reflects
when the the expected
right continued
of special use). the easement
use benefits
older in her physical use or enjoyment of another tract
of land.

The benefit of this easement passes with transfers of

the benefited land, regardless of whether the easement
is mentioned in the conveyance.
Equitable Servitude is a covenant that, regardless of whether it runs with Benefit will run to the successor if:
the land at law, equity will enforce against the the original parties so intended, and
assignees of the burdened land who have notice of the the servitude touches and concerns the land.
covenant
Burden runs if:
the original parties so intended;
the servitude touches and concerns the land;
and
the subsequent purchaser has actual or
Doctrine of Worthier invalidates remainders that are limited to the grantor’s constructive notice of the covenant.
Title
Holder Over Tenant heirs.
a tenant that fails to vacate the premises after the
termination of his right to possession

Landlord may:
i) treat the tenant as a trespasser and evict him; or
ii) bind the tenant to a new period tenancy with the
terms and conditions of the expired tenancy applying to
Equitable Mortgage the newindicating
factors tenancy. it’s existence:
the existence of a debt or promise of payment by the
deed’s grantor;
the grantee’s promise to return the land if the debt is
paid;
the fact that the amount advanced to the
grantor/debtor was much lower than the value of the
property;
Delivery the degree
occurs whenofthere
the grantor’s
are wordsfinancial distress;
or conduct and the
evidencing
the parties’
grantor’s prior negotiations.
intention that the deed have some present
operative effect, i.e., that the title pass immediately and
irrevocably, even though the right to possession may be
postponed until the future.
Conditional Delivery becomes effective only upon the occurrence of a
condition, but the transfer then relates back to the date
of the conditional delivery.
Reformation an equitable action in which the court rewrites the deed
to make it conform to the intention of the parties.

Usually, this is granted when the deed does not express

the agreement of the parties due to mutual mistake or a
scrivener’s error, and may also be granted when there
is a unilateral mistake if misrepresentation is involved.
Subrogation is the transferring of an interest in a note and/or trust
deed from a seller to the purchaser.
Equity of Redemption gives the borrower the right to free the land of the
mortgage by paying off the amount due, plus any
accrued interest at any time prior to the foreclosure
Statutory Right of sale.
gives the borrower the right to redeem for the
Redemption foreclosure price after the foreclosure sale.

Trade Fixtures fixtures installed for the purpsoe of carrying on a trade

or business
Possibility of Reverter is the reversionary interest left in the grantor after he
conveys a fee simple determinable.

This type of interest is vested and not subject to “RAP”

 Notes

Generally, zoning restrictions, violations of

subdivision, housing, or building codes do not
render title unmarketable; but an existing
violation of zoning ordinance does render title
unmarketable.

(note, owner of servient estate has the right

to choose the location of an easement by
necessity provided the location is reasonably
convenient).
(note, generally indicated by language such
as “except that if”)
The presumption is that chattels used in a
trade or business are not intended to be
fixtures, and thus may be removed.

determination of whether a chattel is to

remain as a fixture includes examination of
the affixor’s intent.
When grantor gives the deed to a 3rd party
(rather than directly to the grantee),
conditional delivery is permissible. If the
grantor executes a deed to the grantee and
gives it to a third party with instructions to
give it to the grantee upon grantor’s death,
most courts hold that the grantor cannot get
the deed back because his intent to presently
convey a future interest to the grantee.
This right cannot be waived in the agreement
establishing the security interest; however,
the right can be waived later for
consideration.
generally this type of fixtures are removable
prior to the end of the lease term.
 Terms Definition
Former Testimony the testimony of a now unavailable witness given at another
Exception hearing or in a deposition taken in accordance with the law is
admissible in a subsequent trial as long as there is a sufficient
similarity of parties and issues so that the opportunity to develop
testimony or cross-examine at the prior hearing or deposition was
Dying Declaration meaningful.
a statement made by a now unavailable declarant while believing
her death was imminent, that concerns the cause or circumstances
of what she believed to be her impending death, is admissible.
Hearsay 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
Statement Against matter asserted
statements of a person, now unavailable as a witness, against that
Interest person’s pecuniary, proprietary, or penal interest when made are
Impeachment admissible.
the casting of an adverse reflection on the truthfulness of a
Relevant Testimony witness.
testimony that tends to make the existence of any fact of
consequence to the determination of an action more probable than
it would be without the evidence.
Privilege Against Self- a witness may refuse to answer any question if its answer might
Incrimination tend to incriminate him. (Incriminating testimony exists if it ties a
witness to the commission of a crime or would furnish a lead to
evidence tying the witness to a crime).
Character Evidence describes one’s disposition with respect to traits or general
patterns of behavior.

Is not admissible in a civil case to prove the conduct of a person in

the litigated event, unless it is the person’s character is directly in
issue (e.g., defamation case) then character evidence will be
Written Evidence admissible in a civil
before a writing maycase.
be received in evidence, it must be
authenticated by proof showing that the writing is what the
proponent claims it is.

the authenticity of a document is a preliminary fact to be decided

by the jury so the proof of a writing’s authenticity need only be that
Voice Identification of
Anyproof sufficient
person towith
familiar support a jury finding
an alleged of genuineness.
speaker’s voice may
authenticate a recording of the voice by giving an opinion as to its
Expert Testimony identity.
is appropriate only when the subject matter is one where scientific,
technical, or other specialized knowledge would assist the trier of
fact in understanding the evidence or determining a fact in issue.
Dead Man Act provides that a party or person interested in the event, or her
predecessor in interest, is incompetent to testify to a personal
transaction or communication with a deceased when such
testimony is offered against the representative or successor in
interest of the deceased.

Admission by a Party- (note, the bar

a statement to competency
made created
or an act done thatby a this applies
amounts only to civil
to a prior
Opponent cases).
acknowledgment by one of the parties to an action of one of the
relevant facts.

(note, such a statement need not have been against interest at the
Vicarious Admission time it was made).
a statement by an agent concerning a matter within the scope of
her agency, made during the existence of the agency relationship.
Post Incident Repairs are inadmissible to prove negligence or culpable conduct as a
matter of public policy.
Habit Evidence describes a person’s regular response to a repeated specific
Best Evidence Rule situation.
where the terms of a writing are material, the original writing must
be produced in proving the terms of the writing.
Present Sense a comment made by a person while perceiving an event that is not
Impression particularly shocking or exciting that concerns the event she is
Unresponsive Answer observing.
is subject to a motion to strike by examining counsel, but not by
opposing counsel
Opening the Door one who introduces evidence on a particular subject thereby
asserts its relevance and cannot complain, except on grounds
other than relevance, if her adversary thereafter offers evidence on
Judicial Notice the same
courts willsubject.
take notice of adjudicative facts, including notorious
facts (i.e., facts of common knowledge in the community) and
manifest facts (i.e., a fact capable of certain verification by resort
to easily accessible sources of unquestionable accuracy).
 Requirements

a person must have special knowledge, skill,

experience, training, or education sufficient to qualify
him as an expert on the subject to which his testimony
relates.

the expert must possess reasonable certainty or

probability regarding his opinion.
 Terms Definition Requirements
Bilateral Contract an offer for this type of contract calls for acceptance by
return promise, expressed or implied.
Condition an event that must occur or be excused before
promisor has a duty to perform.
Enforceable arises when the offeror promises to keep an offer open
Option Contract and the offeree gives consideration to the offeror for its
Indifferent Offer promise.
an offer that does not clearly state how the offer must
be accepted.
Legal Detriment to a legal detriment is a promise that asks promisee to
Promisee do something it is not otherwise bound to do, or
promise asks promisee not to do something it either
has a right to do or has reasonable and good faith
belief it has a right to do.

Merchant Someone in the business of buying and/or selling goods

of the type involved in the case.
Merchant’s Firm offer is made by merchant,
Offer in writing,
signed
states it will be held open for some period or
indefinitely.
Preexisting Duty The promise to perform or the performance of
Rule something one already was obligated to do is not
consideration.
Unilateral Contract An offer for this type of contract calls for acceptance
only by performance
Valid Offer Commitment,
Communicated to an Identified Offeree,
with Certain and Definite Terms.
Termination of An offer may be terminated by an act of either party or
Offer by operation of law
Revocation the retraction of an offer by the offeror Direct Revocation:
offeror directly communicates the revocation to
the offeree.

Indirect Revocation:
offeree receives -
i) correct information,
from a reliable source,
of acts the offeror that would indicate to
reasonable person that the offeror no longer
wishes to make the offer.
Option a distinct contract in which the offeree gives
consideration for a promise by the offeror not to
invoke an outstanding offer.
Detrimental when the offeror could reasonably expect that the
Reliance offeree would rely to her detriment on the offer, and
the offeree does so rely, the offer will be held
irrevocable as an option contract for a reasonable
length of time.

Rejection the rejection of an offer made by the offeror to the Express Rejection:
offeree. a statement by the offeree that she does not
intend to accept the offer, which results in the
termination of the offer.

Inquiry a question made by the offeree to the offeror that
does not terminate the offer because it is consistent
with the idea that the offeree is still keeping the
original proposal under consideration
Counteroffer as Rejection
- an offer made by the offeree to the offeror
that contains the same subject matter as the
original offer, but differs in its terms.
whether a reasonable person would believe
that the original offer had been rejected.

Acceptance a manifestation of assent to the terms of an offer.

Acceptance of Offer an offer for a unilateral contract may only be accepted
for Unilateral by completion of performance
Contract
Acceptance of Offer acceptance of a bilateral contract can be done by
for Bilateral either a promise to perform or by the beginning of
Contracts performance.

Mail Box Rule acceptance by mail or similar means creates a mail box rule does not apply when:
contract at the moment of dispatch the offer stipulates that acceptance is not
effective until received; or
an option contract is involved;
if the offeree sends a rejection and then sends
an acceptance, whichever arrives first is
effective.
if the offeree sends an acceptance and then a
rejection, the acceptance is effective unless
the rejection arrives first and the offeror
Consideration is the bargained for exchange between the parties detrimentally relies on it.
that must be of legal value.
Bargained for the promise induce the detriment and the detriment
Exchanged induce the promise

Legal Value requirement that a party incur a detriment, or in other

words, do something he is not legally obligated to do
or refrain from doing something he has a legal right to
do.

Mutual Mistake exists when both parties entering into a contract are mistake concerns a basic assumption on which
mistaken about facts relating to the agreement and the contract is made;
[goes to defend against contract formation due to the the mistake has a material effect on the
lack of mutual assent.] agree-up exchange; and
the party seeking avoidance did not assume
the risk of the mistake
Unilateral Mistake arrises when only one of the parties is mistaken about
the facts relating to the agreement, and the non-
mistaken party knew or had reason to know of the
mistake made by the other party.
[goes to defend against contract formation due to the
lack of mutual assent.]
Mutual arises when the contract includes an ambiguous term if either both parties were unaware or were
Misunderstanding [goes to defend against contract formation due to the both aware of the ambiguity, the result is no
lack of mutual assent.] contract unless both parties intended the same
meaning;

if one party was aware, the contract is binding

based on what the ignorant party reasonably
Fraudulent arises when a party fraudulently induces the other believed to be
the contract is the meaning
voidable of the
by the ambiguous
innocent party if
Misrepresentation party to enter into a contract. words.
she justifiably relied on the fraudulent
(Fraud in the [goes to defend against contract formation due to the misrepresentation
Inducement) lack of mutual assent.]

Material a misrepresentation is material if a misrepresentation is material if:

Misrepresentation the information asserted would induce a
[goes to defend against contract formation due to the reasonable person to agree; or
lack of mutual assent.] the maker of the misrepresentation knew the
information asserted would cause a
particular person to agree.

intoxicated occurs when someone is so intoxicated that he does this creates a voidable promise, that the
incapacity to not understand the nature and significance of his intoxicated person may affirm upon recovery.
contract promise and the other party had reason to know of
the intoxication
[goes to defend against contract formation due to the
lack of mutual assent.]
Notes
Revocation is generally effective upon receipt
by the offeree

[note that an offer by publication is effective

when published]

a rejection of or a counteroffer to an option

does not constitute a termination of the offer.

a rejection is effective when received by the

offeror

although complete performance is the only way

to accept, beginning performance does not
obligate the offeree to complete the
performance.
acceptance of an offer usually must be
communicated in any reasonable manner and
by any medium reasonable under the
circumstances.

[unless contract specifies a specific method in

which acceptance of an offer is to be
communicated]

gifts involve no bargain, i.e, no consideration.

- where a past obligation is unenforceable

because of a technical defense, e.g., statute of
limitation, that obligation will be enforceable if
a new promise is made in writing or is partially
performed.

a mistake as to the value of the subject matter

is generally not a defense
innocent party may take affirmative action in
equity to rescind the agreement

innocent party may take affirmative action in

equity to rescind the agreement
 Term Definitions Requirements/Test
Procedural Due procedures government must follow when taking Balancing Test
Process away a person’s life, liberty, or property. the importance of the interest to the
individual;
the ability of additional procedures to
increase the accuracy of the fact-
finding; and
the government’s interests
Substantive Due whether the government has an adequate reason for
Process taking away a person’s life, liberty, or property.
Deprivation of occurs if there is the loss of a significant freedom
Liberty provided by the Constitution or a statute.
Deprivation of occurs if there is an entitlement and that entitlement
Property is not fulfilled.
Takings Clause the government may take private property for public
use if it provides just compensation.
possessory government confiscation or physical occupation of
taking
regulatory taking property
government regulation is a taking if it leaves no Is it a Taking?
reasonable economically viable use of the property [either physical or regulatory]
Is it for Public Use?
[ If yes, just compensation to the owner
must be paid - which is the economic
market value of the property in the
hands of the current owner]
[ If no, gov’t must return the property].
Contracts Clause No state shall impair the obligations of contracts. Private Contracts = intermediate
scrutiny
(i.e., does the legislation substantially
impairs a party’s rights; and if it does, is
the law reasonably and narrowly
tailored to promote an important and
legitimate public interest?)
Ex post facto a law that criminally punishes conduct that was
clause lawful when if was done or that increases Government Contracts = Strict Scrutiny
punishment for a crime after it was committed
Bill of Attainder a law that directs the punishment of a specific
person or persons without a trial
AZ Constitutional Child Labor Prohibition;
Provisions Refusal to join a union may not be used as a refusal for employment of a person;
concerning 8 hrs is a full days work.
economic
liberties
Rational Basis a law will be upheld if it is rationally related to a Means = Rationally Related
Test legitimate gov’t purpose Ends = Legitimate Conceivable Purpose
Least Restrictive Alternative Analysis =
No
Intermediate a law will be upheld if it is substantially related to an Burden
Means =ofSubstantially
Proof = the challenger’s
Related
scrutiny important gov’t purpose. Ends = Important Actual Purpose
Least Restrictive Alternative Analysis =
No
Strict Scrutiny a law will be upheld if it is necessary to achieve a Burden
Means =ofNecessary
Proof = the gov’t’s
compelling gov’t purpose. Ends = Compelling Actual Purpose
Least Restrictive Alternative Analysis =
Yes
Fundamental Rights Burden of Proof = the
- Key Examples. gov’t’sNotebook, page 31.
In Class
Equal Protection - Chart - In Class Notebook, page 37.
Content -based restrictions on speech based on either the subject Strict Scrutiny
restrictions on matter, meaning that the application of the law
Speech depends on the topic of the message, or viewpoint
restrictions, in which application of the law depends
on the ideology of the message.
Content -Neutral restrictions on speech that are neutral on the Intermediate Scrutiny
Restrictions content of the speech
Prior Restraints a judicial order that stops speech before it occurs Strict Scrutiny
on Speech
Vagueness a law is unconstitutionally vague if a reasonable
person cannot tell what speech (or conduct) is
prohibited and what is allowed
Overbreadth a law is unconstitutionally overbroad if it regulates
substantially more speech (or conduct) than the
constitution allows to be regulated
Symbolic Speech Conduct that communicates a message gov’t may regulate this if it has an
important interest unrelated to
suppression of the message and if the
impact on communication is no greater
than necessary to achieve the gov’t’s
purpose
Incitement of punishable if:
Illegal Activity there is a substantial likelihood of
imminent illegal activity, and
if the speech is directed to causing
imminent illegality
Obscenity and the material must appeal to the prurient
Sexually-Oriented interest [community standard];
Speech The material must be patently offensive
under the law prohibiting obscenity;
Taken as a whole, the material must
lack serious redeeming artistic, literary,
political or scientific value [national
view of social value].
Other Speech
regulation
information

Commercial advertising for business and professions may be regulated by the gov’t so long
speech as it is narrowly tailored, though it need
not be the least restrictive alternative.
- intermediate scrutiny is generally
defamation applied.
Public Official/ Public Figure - P must
prove falsity of the statement and
actual malice.

Private Figure “of Public Concern” - P

must prove falsity of the statement and
negligence by the D [proof of actual
malice will award P with presumed or
punitive damages]

Private Figure “Not of Public Concern” -

same as above, though presumed or
punitive damage award is available
without the showing of actual malice
Public Forums gov’t properties that the gov’t is constitutionally Regulations must be:
required to make available for speech subject matter and viewpoint neutral
[otherwise strict scrutiny must be met]
must be a time, place, or manner
regulation that serves an important
gov’t purpose and leaves open
adequate alternative places for
communication
permit fees must not allow for
Limited Public gov’t properties that the gov’t coult close to speech, discretionary
same as publicpricing
forumsby city officials
Forums but chooses to open to speech.
(designated
public forums)
Non-public gov’t properties that the gov’t constitutionally can regulation is permissible so long as it is
forums and does close to speech reasonable and viewpoint neutral.
Freedom of laws that prohibit or punish group membership must meet strict scrutiny.
Association It must be proven that :
actively affiliated with the group;
knowing of its illegal activities; and
with the specific intent of furthering
those illegal activities.
Free Exercise cannot be used to challenge a neutral
Clause law of general applicability
Establishment Lemon Test:
Clause there must be a secular purpose for the
law;
the effect must be neither to advance
nor inhibit religion; and
there must bot be excessive
entanglement with religion.
 Notes

entitlement is the reasonable expectation of a benefit.

it is not enough for the government

regulation to merely decrease the value
of the property, it must leave no
reasonable economically viable use of
the property to be a regulatory taking;
gov’t conditions on development of
property must be justified by a benefit
that is roughly proportionate to the
burden
- appliesimposed;
only to state or local gov’ts [does not apply to fed gov’t]
a property owner may bring a takings
challenge to regulations that existed at
the time the property was acquired;
temporary denial of an owner’s use of
property is not a taking so long as the
gov’t’s action is reasonable.
- does not apply in civil cases [retroactive civil liability only needs to meet a rational basis test].
Notebook, page 31.
ook, page 37.

- procedurally proper court orders must be complied with until they are vacated or overturned if the person wishes to challenge the restraint at a la

Constitutional Symbolic Speech

includes:
flag burning
crossburning if done for non-threatening
purposes
contribution limits
Anonymous Speech.

Unconstitutional Symbolic Speech

includes:
expenditure limits
draft card burning
nude dancing
gov’t may use zoning ordinances to
regulate the location of adult
bookstores and movie theaters.
child porn may be completely ban, even
if not obscene [child porn must use
actual children in the production of the
materials]
gov may not punish private possession
of obscene materials, other than those
of child porn
gov’t may seize the assets of
businesses convicted of obscenity laws
violations.
profanity and indecent speech is
protected except at schools and in
broadcast media.
e.g., sidewalks, parks

e.g., public schools - after school is out and on weekends

e.g., military bases, airports.

laws that prohibit a group from discriminating are constitutional unless the interfere with intimate associations (e.g., small dinner parties) or expres

gov’t may not deny benefits to individuals who quit their jobs for religious reasons
to challenge the restraint at a later time.
., small dinner parties) or expressive activity (e.g., groups like the KKK, nazis, boyscouts).
 Term Definition Requirement/Test
4th Amendment prohibition against unreasonable search and seizure
5th Amendment Privilege against compulsory self-incrimination;
Prohibition against double jeopardy.
6th Amendment speedy trial
trial by jury
confront witnesses
assistance of counsel
8th Amendment prohibition against cruel and unusual punishment
Exclusionary Rule prohibits introduction of evidence obtained in violation of unconstitutionally obtained
D’s 4th, 5th, and 6th amendment rights. evidence is inadmissible at trial -
“Fruit of the Poisonous Tree”

Knock-and- in the execution of search warrants, an officer must

Announce Rule knock, announce their purpose, and wait a reasonable
time for admittance unless the officer reasonably
believed that knocking and announcing would be futile,
dangerous, or inhibit the investigation.
Fruit of the evidence obtained from exploitation of the May be overcome (i.e., gov’t can
Poisonous Tree unconstitutionally obtained evidence must also be break the chain):
Doctrine excluded. independent source for that
evidence;
inevitable discovery - the police
would have inevitably
discovered this evidence
anyway;
intervening act of free will made
Harmless Error Test if illegal evidence is admitted, a resulting conviction by the D.
should be overturned on appeal unless the gov’t can
show beyond a reasonable doubt that the error was
Seizure harmless.
occurs when a reasonable person would believe that he
is not free to leave or terminate an encounter with the
Arrest gov’t.
occurs when the police take a person into custody
against his will for purposes of criminal prosecution or
Probable Cause interrogation.
a fair probability that contraband or evidence will be
found in the area searched.
Particularity the warrant must state with particularity the place to be
searched and the things to be seized.
Good Faith Defense if a warrant is not valid, an officer’s good faith reliance an officer’s good faith reliance
on a search warrant overcomes defects with the on a search warrant overcomes
probable cause or particularity requirements. defects with the probable cause
or particularity requirements

Exceptions to Search incident to lawful arrest;

Warrant Automobile exception;
Requirement Plain view;
Consent;
Stop and Frisk; and
Hot pursuit and Evanescent evidence.
Search incident to arrest and search must be
lawful arrest contemporaneous in time and
place;
limited to the person and areas
in to which he can reach either
to procure a weapon or to
destroy evidence - [a person’s
“wingspan” - which in a car is
considered the entire entire of
the vehicle, but not the trunk].

automobile police must have probable cause

exception to search anything or anybody;
if before searching anything or
anybody, the police have
probable cause they can then
search the entire car - which
includes the interior and the
trunk as well any package,
luggage, or container that could
reasonably contain the item they
had probable cause to look for.
probable cause to search the car
may arise after the car is
stopped but before anyone or
anything is searched.
plain view search - police officer must be
and seizure legitimately present where he
does the viewing of the item
Consent to search seized.
- consent must be voluntary and
intelligent in order to be valid
3rd party consent to - where 2 or more people have
search an equal right to use a piece of
property, either can consent to a
warrantless search; however, if
both parties are present and one
party does not consent to the
search, than no consenting party
Terry stop is a brief detention for the purpose of investigation controls.
the legal standard for stopping is
suspicious conduct. reasonable suspicion.
Terry frisk is a pat down of the outer clothing and body to check for
weapons.
Evanescent is evidence that might disappear if the police took the
evidence time to get a warrant.
Hot Pursuit the rule of thumb is that if the police are within 15
minutes of a fleeing felon, then they are in a valid hot
pursuit.
Public School a warrant or probable cause is not required for public reasonable search of public
Children Searches school officials to search students or their possessions, school children exist if:
only reasonable grounds for the search are necessary it offers a moderate chance of
finding evidence of wrongdoing;
the measures adopted to carry
out the search are reasonably
related to the objectives of the
search; and
the search is not excessively
intrusive in light to age age and
sex of the student and the
Miranda warnings are triggered to be given when a suspect is in 1) custody nature of the infraction.
or 2) interrogation.
Custody you are in custody if at the time of the interrogation, you
are not free to leave - this based on an objective
standard

Interrogation any conduct where the police knew or should have

known that they might elicit an incriminating response
from the suspect.
5th Amendment only arises when a suspect, after hearing the miranda
Right to Counsel warnings, says “i want a lawyer”

6th Amendment guarantees the right to the assistance of counsel in all

Right to Counsel criminal proceedings, which include all critical stages of
prosecution after judicial proceedings have begun and
prohibits police from deliberately eliciting an
incriminating statement from a D outside the presence of
counsel after the D has been charged unless D has
Pretrial waived hischeck
is used to right to counsel.
that the victim or witness is right to counsel at:
identification remembering the guy from the crime and not from the post-charge line-ups; and
trial proceedings show-ups (one on one)

right to due process:

a pretrial identification
technique that is so
unnecessarily suggestive and so
substantially likely to produce a
misidentification they they deny
a due process of law (e.g.,
placing a white suspect in a line
up with no other white suspects
when the alleged criminal is
Pretrial Procedures may include bail and grand juries
white)
Bail creates a right to be released generally, bail can be set no
higher than is necessary to
assure the D;s appearance at
6th Amendment D has a right to a speedy, public, and (sometimes) jury trial
Right to Trial trial
6th Amendment attaches when the D has been arrested or charged and is factors considered in
Right to [Speedy] evaluated on the totality of the circumstances determining the totality of the
Trial circumstances include:
length of delay,
reason for delay,
whether D asserted his right,
and
prejudice to D.
6th Amendment - if D is tried for an offense for
Right to [Jury] Trial which the maximum authorized
sentence exceeds 6 months.

minimum number of jurors is 6

and if the minimum number is
used, then the verdict must be
unanimous.

- the jury pool, not the

empaneled jury, must reflect a
fair cross-section of the
community.
Bias having a financial interest in the outcome of the case or
some actual malice against the D.
Preemptory is a challenge to exclude a prospective juror for any
challenges reason whatsoever
Ineffective there must be deficient
Assistance of performance by counsel, and but
Counsel for such deficiency, the result of
the proceeding would have been
different.
Contract Theory of the terms of the bargain should be revealed in the record
Plea Bargains at the plea taking and that both sides will be held to that
Guilty Plea specific deal. Judge must specifically address
D on the record concerning the
following:
Nature of the charge; and
tell D the maximum authorized
penalty and any mandatory
minimum penalty; and
he has the right to plead not
guilty and demand a trial.
Withdrawal of Guilty if:
Plea after Sentence pleas was involuntary (i.e., some
mistake in plea taking
ceremony);
lack of jurisdiction;
ineffective assistance of counsel
failure of the prosecutor to keep
8th Amendment a penalty that is grossly disproportionate to the an agreed upon plea bargain.
Right Prohibiting seriousness of the offense committed is cruel and
Cruel and Unusual unusual.
Punishment
Death Penalty can be imposed if the statutory scheme allows for this statute must provide D with
punishment. opportunity to present mitigating
facts and circumstances.

may not automatically impose

death penalty for a specific
crime.

- may only be imposed by a jury,

not by a judge.
Double Jeopardy a person may not be retried for the same offense once jeopardy attaches:
jeopardy has attached in a criminal trial at the
empaneling and swearing in of
the jury;
in a civil trial, at the first
witness’s swearing in.

lesser included offense bars

retrial when D is tried for a
greater offense ;

- only bars retrial from the same

sovereign
5th Amendment can be asserted by anyone in any type of case, when his Criminal D has the right not to
Privilege Against response to a question might furnish a link in the chain of take the witness stand;
Self-Incrimination evidence needed to prosecute him.
- Any other situation, the person
cannot avoid being sworn in as a
witness but the person may
listen tot he question and
specifically invoke the privilege
rather than answer the
questions.
 Exceptions Notes

grand jury proceedings The gov’t bears the burden of establishing the
civil proceedings admissibility of the evidence by a
search must have violated federal constitution or preponderance of the evidence.
federal statute
parole revocation proceedings
may be used to impeach the defendant’s trial
testimony (only D’s testimony, and no other defense
witness)
violations of the knock-and-announce rule.
affidavit underlying the warrant is so lacking in
probable cause or lacking in particularity that no
reasonable officer would have relied on it;
police officer or prosecutor lied to or mislead the
magistrate when seeking the warrant;
the magistrate is bias.
 Reasonable suspicion is a standard that is less
than probable cause
it is justified by concern for the officer’s
safety.

if the police are in a valid hot pursuit, they

can enter anyone’s home without a warrant,
and nay evidence they see in plain view will
be admissible.

do not apply to a witness testifying before a

grand jury
probation interview and routine traffic stops are not
custodial - which means that the police may ask you
questions without giving you the warnings and your
answers will be admissible against you.
waiver to miranda warnings must be knowingly,
voluntarily, and intelligent.
once a D asserts his right to terminate the
interrogation and requests an attorney,
reinitiating of the interrogation by the police
w/o his attorney present violates his 5th
amendment right to counsel.
a statement obtained in violation of D’s 6th
amendment rights may be used to impeach
the D’s contrary trial testimony.

no right to counsel when the police show the

victim or witness photographs.

also includes the right to have an unbiased

judge
 sentences up to or including 6 months do not
require a jury trial.

may not be used to exclude a prospective juror on

account of their race or gender.
this is an extremely high standard for D to
meet.
may not be imposed for the crime of raping an adult
woman or a child if the rape was neither intended to
result in nor did result in death.
a prisoner must be sane at the time of
execution.
a person who is mentally retarded may not
get the death penalty.

retrial may be permitted when: 2 crimes do not constitute the same offense if
jury is unable to agree upon a verdict (i.e., hung each crime requires proof of an additional
jury); element that the other does not.
mistrials for manifest necessity;
after a successful appeal; or
there is a breach of an agreed upon plea bargain by
the D.

- separate sovereigns, i.e., federal gov’t and state

gov’t, may try person for same criminal charge.

privilege may be eliminated by: the privilege must be claimed in civil

Grant of Immunity (note that gov’t may not use your
immunized testimony or anything derived from it to
convict you but they may prosecute you based on
evidence obtained prior to the immunity being
granted);
Lack of incrimination (i.e., statute of limitations has
run); or
Waiver
proceedings to prevent the privilege from
being waived for a later criminal prosecution
(and vis-versa).
- the protection only protects citizens from
compelled testimony.
 Term Definition CL Requirement/Test
Criminal a state acquires jurisdiction over a crime
Jurisdiction if either conduct or result happened in
Merger the state.
crimes do not generally merge together

Elements of a a crime almost always requires proof of a

Crime physical act (actus reus) and a mental
state (mens rea), and concurrence of the
act and mental state.
Physical Act a voluntary bodily movement made by D. - D must have either performed a voluntary
bodily movement, or
- failed to act under circumstances imposing
a legal duty to act.
Legal Duty to Act May arise:
by statute;
by contract;
because of the relationship between the
parties;
assumed a duty of care and then failed to
adequately perform it; or
Specific Intent qualify for additional defenses not your conduct created the peril.
solicitation
Crimes available for other types of crimes. conspiracy
attempt
First Degree Murder
assault
larceny
embezzlement
false pretenses
robbery
burglary
forgery.
Malice Crimes murder
arson
General Intent rape
battery
false imprisonment
kidnapping
Strict Liability any defense that negates intention cannot They require no intent on the part of D to
(“No intent be a defense to this type of crime commit the crime
crimes”)

Intentionally must have a conscious desire

Knowingly must have believed or been aware
Recklessly must have been aware and disregarded a
substantial and unjustifiable risk.
Criminal must have failed to perceive a substantial
Negligence and unjustifiable risk
Accomplice accomplices are liable for the crime itself aid, encourage, and promote
Liability and all other foreseeable crimes.

Inchoate Offenses is an incomplete offense

Solicitation is asking someone to commit a crime.

Conspiracy is an agreement, with an intent to agree, agreement;
and an intent to pursue an unlawful intent to agree; and
objective. intent to pursue an unlawful objective

Liability of Co- each conspirator is liable or ALL the

conspirators crimes of conspirators if those crimes
were committed in furtherance of the
conspiracy and were foreseeable

Attempt specific intent plus a substantial step beyond

mere preparation in the direction of the
commission of the crime.

Defenses for there are 4 total:

Crimes Based on insanity;
Criminal Capacity Intoxication, voluntary;
intoxication, involuntary; and
infancy
Insanity M’Naghten Rule:
at the time of his conduct, D lacked the
ability to know the wrongfulness of his
actions or understand the nature and quality
of his actions.

Irresistible Impulse:
D lacked the capacity for self control - and
free choice.

Durham Rule:
D’s conduct was a product of mental illness.

Model Penal Code:

- D lacked the ability to conform his conduct
to the requirements of law.
Voluntary self-induced intoxication is a defense to specific intent crimes
Intoxication
Involuntary unknowingly being intoxicated, unless you
Intoxication become intoxicated under duress

Infancy Under age 7, there is no criminal liability;

Under age 14, rebuttable presumption of no
criminal liability

Principles of Self Defense Need to list requirements for e

Exculpation and Defense of Property
of these terms (and AZ
other Defenses Duress
Mistake of Fact distinctions where applicable).
Consent
Entrapment

Need to list requirements for e

of these terms (and AZ
distinctions where applicable).
Offenses Against - Battery Need to list requirements for e
the Person Assault
of these terms (and AZ
Aggravated Assault
Homicide distinctions where applicable).
- 1st Degree Murder
-- Premeditated Killing
-- Felony Murder
-- Homicide of a Police Officer
- 2nd Degree Murder
- Manslaughter
-- Voluntary
-- Involuntary
Sex Offenses Rape Need to list requirements for e
Statutory Rape
of these terms (and AZ
crimes against nature and other sex crimes
distinctions where applicable).
Property Crimes Larceny Need to list requirements for e
Embezzlement
of these terms (and AZ
False Pretenses
Robbery distinctions where applicable).
Extortion
Offenses Against Burglary Need to list requirements for e
Habitation Arson
of these terms (and AZ
Other Crimes of Forgery distinctions
Need where applicable).
to list requirements for e
Note Identity Theft
of these terms (and AZ
Aggravated Identity Theft
Drug Offenses distinctions where applicable).
AZ Distinction
Same general principle as the common law,
but the overt act requirement is broad.
- In AZ, no overt act is required if the
conspiracy was for:
Felony on a person;
1st degree burglary; or
Arson of an occupied structure.

Guilt is based upon each person’s own

actions and culpability.

[No defense that others are immune or not

criminally responsible; that others did not
have required intent; or that others were
legally incapable of committing the offense.]
any act in furtherance is sufficient;

need NOT be a substantial act, and (1)

mere preparation IS sufficient

[impossibility is not a defense

uses a version of M’Naghten Rule:
- at the time of the act the D was afflicted
with a mental disease or defect of such
severity that he did not know the act was
wrong.

it cannot be used as a defense to any

criminal act or requisite mental state.

Under 14 “rebuttable presumption” rule is

the same as CL.

- if age 15, 16, or 17, and the crime is one of

certain high level felonies (e.g., 1st degree or
2nd degree murder, sexual assault, armed
robbery, aggravated assault) there is an
irrebutable presumption of capacity based on
age and must be tried as an adult.

Need to list requirements for each

of these terms (and AZ
distinctions where applicable).

Need to list requirements for each

of these terms (and AZ
distinctions where applicable).
Need to list requirements for each
of these terms (and AZ
distinctions where applicable).

Need to list requirements for each

of these terms (and AZ
distinctions where applicable).
Need to list requirements for each
of these terms (and AZ
distinctions where applicable).

Need to list requirements for each

of these terms (and AZ
distinctions
Need where applicable).
to list requirements for each
of these terms (and AZ
distinctions where applicable).
 Conspiracy does NOT merge w/ the
substantive offense

no express agreement is necessary to satisfy

the agreement requirement

Overt Act Required - Majority Rule - in

furtherance of the conspiracy

impossibility is NOT a defense to conspiracy

withdrawal - can never relieve the D from

liability for the conspiracy itself, but D may
withdraw from liability from the other
conspirators subsequent crimes.

- CL conspiracy required 2 guilty parties,

meaning that if one person who is alleged to
have conspired is acquitted, all alleged
conspirators were precluded from conviction.
a conspiracy can take place at two separate
geographic locations

mere preparation for a a crime cannot

ground liability for attempt.

- In AZ, a person may be convicted of

attempt even though the crime has been
completed; however, they may not be
convicted for both the completed crime and
the attempt of the crime.
- In AZ, diminished capacity is NOT allowed

addicts and alcoholics are always voluntarily

intoxicated.
involuntary intoxication is a form of insanity
so it is a defense to all crimes, including
Strict Liability Crimes.
 Exception

solicitation and attempt do merge into the

substantive offense (i.e., you cannot be
charged with attempting to and committing
the crime).
Notes
If the crime is in the administrative, regulatory, or morality area
and you don’t see any adverbs in the statute such as knowingly,
willfully, or intentionally, then the statute is meant to be a no
intent crime of strict liability

never give anybody accomplice liability just because they are

present when a crime is committed - even if their presence
seemingly appears to their consenting to the grime or just because
they
theredo not
are call the police.
3 inchoate offenses.
Solicitation;
conspiracy; and
attempt.
crime of solicitation ends when you ask the person.

- it is not necessary for the person solicited to agree to commit the

crime (though if they do commit the crime agreed to, then it is
considered a conspiracy).
 Term Definition Requirements
Secured a transaction intended to create a security interest in
Transaction personal property or fixtures.
Debtor the person who owes payment or performance of the
obligation secured.
Secured Party a lender, seller or other person in whose favor there is a
security interest.
Security the agreement between the debtor and the secured party
agreement that creates the security interest.
Security interest an interest in personal property or fixtures which secures
payment or performance of an obligation. it is a contingent
property interest in the debtor’s collateral that the debtor
grants to the creditor. When the contingency, which is
default, occurs, the property interest spring to life and the
creditor has rights in the debtor’s collateral.
Collateral the property subject to a security interest. Collateral is
property that the secured party can repossess upon default
to insure that the debt is paid.
Purchase Money Secured party sells debtor collateral on credit and
Security Interest retains a security interest in the item sold.
(PMSI)
b) an enabling loan; a loan to a debtor that
enables the debtor to buy specific collateral, and
the creditor takes a security interest in the specific
After-acquired a secured party often will want to obtain security interest collateral.
property clause not only in debtor’s present property, but also in property
that he debtor will obtain in the future.
Future advance a secured party often contemplates making future loans to
clause the debtor and wants to secure these future advances in
the present security agreement.
Attachment Deals with those steps legally required to give the secured
party a security interest in the collateral that is effective as
against the debtor.

Once a security interest attaches, it is effective against the

debtor and the creditor has all the rights of the secured
creditor under article 9. A creditor is not a secured creditor
until attachment.
Perfection Deals with those steps legally required to give the secured
party an interest in the collateral that is effective as
against the world.

Perfection is the process of giving public notice of the

Financing security
Document interest to the
generally world.
used to provide public notice of the
Statement security interest, and so to perfect the security interest.
Exceptions Notes
This may also be referred to as “Form UCC 1”