Secured Transactions
When does a security interest attach to collateral?
A security interest attaches when: (1) there is an authorized security agreement signed by the debtor, (2) the creditor gives value to the debtor, and (3) the debtor has rights in the collateral
When can the government impose a prior restraint on speech?
Prior restraint is permitted only when: (1) there is a compelling government interest, (2) the restraint is narrowly tailored, (3) it uses the least restrictive means available, and (4) there is clear and present danger of grave harm that is imminent and likely.
What must a plaintiff prove to establish a prima facie case of negligence?
A plaintiff must prove: (1) the defendant owed a duty of care, (2) the defendant breached that duty, (3) the breach was the actual and proximate cause of harm, and (4) the plaintiff suffered actual damages.
What are the essential requirements for creating a valid mortgage?
A valid mortgage requires: (1) a debt or obligation to be secured, (2) a grant of security interest in real property, (3) adequate description of the property, (4) a signed writing satisfying the Statute of Frauds, and (5) delivery and acceptance.
When can Congress regulate interstate commerce under the Commerce Clause?
Congress can regulate: (1) the channels of interstate commerce, (2) the instrumentalities of interstate commerce and goods moving in interstate commerce, (3) activities that substantially affect interstate commerce, and (4) economic activities that, in the aggregate, have a substantial effect on interstate commerce.
Under what circumstances does a buyer in ordinary course of business take free of a security interest?
A buyer in ordinary course of business takes free of a security interest when: (1) the buyer purchases goods from a person in the business of selling goods of that kind, (2) the buyer acts in good faith, (3) the buyer purchases without knowledge that the sale violates another's security interest, and (4) the sale is in the ordinary course of the seller's business.
What standard applies to content-based restrictions on speech in public forums?
Content-based restrictions must: (1) serve a compelling government interest, (2) be narrowly tailored to achieve that interest, (3) use the least restrictive means available, and (4) leave ample alternative channels for expression.
Under what circumstances can a landowner be liable to a trespasser?
A landowner is liable to a trespasser when: (1) the landowner conducts activities or maintains artificial conditions, (2) the landowner knows trespassers frequently intrude on the particular portion of land, (3) the condition or activity involves risk of death or serious bodily injury, (4) the trespasser is unlikely to discover the condition, and (5) the burden of eliminating the danger is slight compared to the risk involved.
Under what circumstances can a mortgagee accelerate the mortgage debt?
Acceleration is permitted when: (1) there is default under the mortgage terms, (2) the mortgage contains an acceleration clause, (3) proper notice is given as required, and (4) the mortgagee exercises the acceleration right within the time limits specifie
What test determines whether local activities substantially affect interstate commerce?
The substantial effects test requires: (1) the regulated activity must be economic in nature, (2) the activity must substantially affect interstate commerce either individually or in the aggregate, (3) there must be a rational basis for finding substantial effects, and (4) the regulation must be part of a broader regulatory scheme.
What are the requirements for a purchase money security interest in consumer goods to be automatically perfected?
A PMSI in consumer goods is automatically perfected when: (1) the seller sells goods to a buyer on credit, (2) the seller retains a security interest in the goods sold, (3) the goods are classified as consumer goods in the hands of the buyer, and (4) the security interest attaches upon sale and delivery.
Under what circumstances can the government regulate symbolic speech?
Symbolic speech can be regulated when: (1) the regulation is within the government's constitutional power, (2) it furthers an important government interest, (3) the interest is unrelated to the suppression of free expression, and (4) the restriction is no greater than necessary (O'Brien test).
When can a defendant be held strictly liable for abnormally dangerous activities?
Strict liability applies when: (1) the activity involves a high degree of risk of harm, (2) the potential harm is likely to be great, (3) the risk cannot be eliminated by reasonable care, (4) the activity is not commonly engaged in, (5) the activity is inappropriate to the location, and (6) the activity's value does not outweigh its dangerous attributes.
When can a subsequent purchaser take property free of a prior mortgage?
A subsequent purchaser takes free when: (1) they are a bona fide purchaser for value, (2) they took without actual, inquiry, or record notice of the mortgage, (3) they acted in good faith, (4) the jurisdiction follows a notice or race-notice recording statute, and (5) the mortgage was not properly recorded.
Under what circumstances can Congress regulate non-economic activity?
Non-economic activity can be regulated when: (1) it is part of a comprehensive regulatory scheme, (2) the non-economic component is essential to the economic regulation's effectiveness, (3) excluding the non-economic activity would undercut the regulatory scheme, and (4) there is a sufficient nexus to interstate commerce.
When does the consumer-to-consumer exception allow a buyer to take consumer goods free of a perfected PMSI?
The consumer-to-consumer exception applies when: (1) a consumer sells personal or consumer goods to another consumer, (2) the buying consumer acts in good faith, (3) the buying consumer pays value for the goods, (4) the buying consumer takes without knowledge that the sale violates another's security interest, and (5) the secured party has not filed a financing statement.
What are the requirements for a content-based restriction on speech to survive strict scrutiny?
A content-based restriction on speech must: (1) serve a compelling government interest, (2) be narrowly tailored to achieve that compelling interest, (3) be the least restrictive means available to achieve the interest, and (4) not be substantially overbroad or vague in its application.
What are the requirements for a successful invasion of privacy claim based on intrusion upon seclusion?
The plaintiff must prove: (1) intentional intrusion upon another's solitude or private affairs, (2) the intrusion would be highly offensive to a reasonable person, (3) the matter intruded upon was private, and (4) causation and damages.
What are the requirements for establishing an equitable mortgage by deed absolute?
An equitable mortgage requires: (1) a deed absolute on its face, (2) intent by the parties to create security rather than transfer ownership, (3) a debt or obligation to be secured, (4) parol evidence showing the security intent, and (5) circumstances indicating the transaction was for security purposes.
What analysis applies to state laws that discriminate against interstate commerce?
Discriminatory state laws must: (1) serve a compelling state interest, (2) be narrowly tailored to achieve that interest, (3) use the least restrictive means available, and (4) demonstrate that no less discriminatory alternatives would be effective.
What rights does a secured party have in proceeds from the sale of collateral?
A secured party has rights in proceeds when: (1) the secured party had a security interest in the original collateral, (2) the collateral is sold, exchanged, or otherwise disposed of, (3) the proceeds are identifiable, and (4) the security interest in proceeds continues automatically and remains perfected for 20 days, or permanently if the proceeds are cash or the secured party filed a financing statement covering the original collateral.
When does government regulation of religious exercise violate the Free Exercise Clause?
Regulation violates Free Exercise when: (1) it targets religious conduct for discriminatory treatment, (2) it is not neutral and generally applicable, (3) it substantially burdens religious exercise, and (4) it fails strict scrutiny (compelling interest achieved through least restrictive means).
Under what conditions can a manufacturer be held liable under a failure to warn theory?
Failure to warn liability requires: (1) the defendant was a commercial supplier, (2) the product had risks not obvious to users, (3) the defendant knew or should have known of the risks, (4) adequate warnings were not provided, (5) the lack of warning made the product unreasonably dangerous, (6) causation, and (7) damages.
Under what conditions can a mortgagor exercise the statutory right of redemption?
Statutory redemption requires: (1) a valid mortgage and foreclosure sale, (2) payment of the full purchase price plus statutory interest and costs, (3) exercise within the statutory redemption period, (4) compliance with statutory notice requirements, and (5) the jurisdiction must recognize statutory redemption rights.
When does the market participant exception allow states to favor local interests?
The exception applies when: (1) the state acts as a market participant rather than regulator, (2) the state's favoritism relates to its own purchases or sales, (3) any downstream restrictions are reasonably related to the state's market participation, (4) the restriction doesn't reach beyond the immediate transaction, and (5) the activity doesn't involve transportation.