Written by attorneys · grounded in primary & secondary sources — see below
An interest or right that is complete in itself and has ripened into a perfected legal status. The concept distinguishes finished entitlements from those that remain tentative or contingent until further action occurs.
Sources & Authorities· 40 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Burglary Intent Timing
Christine Castro entered a tenant-occupied apartment at night intending to steal electronics. Because her felonious intent existed at the moment of entry, the burglary charge rested on a completed offense whose elements were fully satisfied without any need for the theft to occur.
Merger After Closing
Christian Coleman accepted the deed at closing without any merger clause preserving prior promises. The contract terms merged into the deed, converting any prior rights into a perfected obligation measured solely by the deed language.
Interrogatory Scope
Connor Clark served interrogatories seeking opinions on how facts applied to legal standards in a pending contract dispute. The court permitted the questions because they related to matters already within the scope of discovery, rendering the requests permissible and answerable without awaiting further stages.
Put it into practice
Test Yourself
10
Practice Questions5
Federal Rules
Uniform Acts
Model Codes
Common Law
Attempt Renunciation
Craig Caldwell abandoned his planned theft after beginning the overt acts but before any detection risk increased. The voluntary and complete renunciation supplied an affirmative defense that defeated the attempt charge under the governing standard.
Trust Account Compliance
Camila Cervantes deposited client settlement funds into a dedicated account separate from her operating funds. The segregation created a perfected duty of safekeeping that satisfied professional obligations and preserved the funds' protected status.
Will Revocation Presumption
Clifford Cox revoked an earlier will in an attempt to implement a failed gift to a relative. The revocation remained presumptively ineffective, so the original will's dispositions stayed fully effective and controlled distribution of the estate.
Common questions
Frequently Asked
3
What distinguishes a choate interest from an inchoate one?+
A choate interest has ripened into a perfected legal status through completion of all required steps. An inchoate interest remains tentative or contingent until further action, such as a levy, perfects it.
When does an execution lien become choate?+
The lien becomes choate only after the sheriff levies on the writ before its return date. Until levy occurs the lien stays inchoate and may be lost.
Does choateness affect priority among creditors?+
Yes. A choate lien relates back to the earlier date the writ was delivered and gains priority over later interests. An inchoate lien lacks that perfected status until levy.
Business Associations Agency and PartnershipPower of agent to bind principal · Apparent authorityUBEIntermediate