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The differences & similarities between the federal & state court systems. 2. The structure of the...

The differences & similarities between the federal & state court

systems.

2. The structure of the Washington state court system; i.e. the trial

court of general jurisdiction, the intermediate appellate court, the

state supreme court.

3. Remember, Washington is in the 9

th

Circuit Court of Appeals.

4. Under both the Washington state and federal court system, there is

one appeal as of right. Appeals to the Washington Supreme

Court(in the state system), or to the U.S. Supreme Court in the

federal system is granted by leave only.

5. The definition of

stare decisis.

6. Speaking of stare decisis, what is the difference between a binding

authority and a persuasive authority?

7. Who is the Chief Justice of the United States Supreme Court?

8. How is a justice of the United States Supreme Court selected?

9. How are judges chosen in the Washington state judicial system?

10. What is the difference between an equitable and a legal remedy?

What are some examples of equitable remedies?

11. When a Plaintiff files a civil suit, Plaintiff has the burden of

proving liability. Plaintiff must prove liability by a preponderance

of the evidence.

12. Conversely, if Defendant raises a defense in an affirmative

defense, Defendant has the burden of proving the affirmative

defense.

13. Jurors are selected during the process known as

voir dire.

14. The most common type of evidence admitted during trial is live

testimony.

15. At trial, generally relevant evidence is admitted and irrelevant

evidence is excluded.

16. Plaintiff rests their case at the close of the Plaintiff’s case in chief;

17. When Plaintiff rests, they are obligated to have shown sufficient

evidence to establish a

prima facie case

, which means that the

Plaintiff has shown enough evidence to win, if Defendant does not

present a defense.

18.

Crucial:

Know the elements of a negligence case.

19. In deciding whether or not the Defendant was negligent, the jury

employs the reasonable person standard.

20. If a Defendant can establish that Plaintiff was partially responsible

for their damages, the Plaintiff’s recovery may be reduced by the

percentage of their negligence under the doctrine of comparative

negligence.

21. Washington is a pure comparative negligence jurisdiction. OK,

what does that mean?

22. A negligence case against a state licensed professional is known

as a malpractice case.

23. To prove liability against a professional under a theory of

malpractice, the Plaintiff will generally need to introduce expert

testimony.

24. Be familiar with Washington’s Good Samaritan Statute.

Define the following terms:

?

Statute;

?

Civil law

?

Administrative law

?

Common law

?

Plaintiff, Defendant, Appellant, Appellee

?

Opinion of the court, concurring opinion, dissenting

opinion, per curiam opinion

?

Judicial review;

?

Long-arm statute;

?

Federal court jurisdiction; remember, there are two bases

for jurisdiction in the federal court system;

?

Standing

?

Venue

?

Questions of law and questions of fact;

?

Alternative dispute resolution (ADR);

?

Procedural vs. substantive law;

?

Pleadings;

?

Discovery;

?

Appellate review;

?

The supremacy clause;

?

Tort;

?

Know the primary intentional torts: Assault & Battery,

False Imprisonment, Defamation (Libel & Slander),

Outrage, Wrongful Interference

?

Damages, including Compensatory damages and Punitive

damages

?

Assumption of risk;

?

Res Ipsa Loquitur

?

Negligence

per se

;

?

Foreseeability

25.Define: Patent, trademark, copyright, trade secret.

26.What does it mean when the public has formed secondary meaning

between a trademark, logo or distinctive mark and a product?

27.How are copyright rights acquired?

28.What is the unique way patent rights come about?

29.Points to remember: when you are seeking to protect something

pursuant to the trade secrets doctrine, it is crucial that the party

seeking to enforce the right has made the effort to keep the trade

secrets a secret.

30.Before a Defendant can be convicted of a crime, the state must

prove his/her guilt beyond a reasonable doubt.

31.The more serious crimes are known as felonies, the less serious

known as misdemeanors.

32. Define:

mens rea, actus reus

.

33.Define the exclusionary rule.

34.Know the holding in

Miranda v. Arizona.

35.Know the key protections under the fourth, fifth, sixth, and eighth

amendments.

36.Remember, as to the fourth amendment, a consented to search is

by definition a reasonable search.

37.What are examples of instances where a person has more right to

be free from an unreasonable search under the Washington

constitution than under the 4

th

Amendment of the U.S. Constitution?

38.

Important:

What are the elements of a valid contract?

39.The courts of this country follow what is known as the objective

theory of contract formation. OK, what does that mean?

40.Make sure you can define: express contract, implied contract,

quasi contract.

41.Key rules of contract interpretation: where possible, a reasonable,

lawful and effective meaning will be given to all of a contract’s terms.

A contract will be interpreted as a whole.

42.Terms negotiated separately will be given more consideration or

weight than standard or “boiler plate” terms.

43.Handwritten words will prevail over typed or pre-printed terms.

44.If an ambiguity exists in a contract, it will be interpreted against

the party who drafted the contract.

45.An agreement, also known as “the meeting of the minds” consists

of both an offer and an acceptance.

46.For an offer to be valid, the party making the offer must have

serious intention to be bound by the offer, the terms of the offer must

be reasonably certain or definite, and the offer must be communicated

to the offeree.

48.Statements of intent, opinion, and agreements do not constitute a

valid offer.

49.An offer is terminated by revocation, by rejection, or by a counter-

offer.

50.An option contract makes an offer irrevocable for the period of

time specified in the option.

51.Destruction of the subject matter of the offer terminates the offer,

as does death or incompetence of one of the parties to the offer.

52.Consideration is generally, the value given in exchange for a

promise or for performance. The value must be legally sufficient and

also it must be bargained for.

53.A court will not normally evaluate adequacy of consideration

unless it is grossly insufficient.

54.Note the rule where the party who performs has a preexisting legal

duty. Also, note that “past consideration is no consideration.”

55.What is an accord and satisfaction? For an accord and satisfaction

to be legally enforceable, what must be true?

56.A person has capacity to enter into a contract if they have reached

of majority and are otherwise of sound mind.

57.A minor has the right to avoid a contract they have agreed to (i.e.,

the contract is voidable).

58.A person who has been adjudicated to be mentally incompetent has

no capacity to contract.

59.Obviously, a contract to commit a crime is illegal and therefore

unenforceable. In addition, a contract may also be invalidated based

upon illegality if it violates a statute or ordinance, or if a term violates

public policy

60.An overly broad exculpatory clause may also be invalidated based

upon a violation of public policy, as can a term that is unconscionable.

61.Define: mistake, mistake of fact, mistake of law.

62.A bilateral mistake of fact will generally justify rescission, whereas,

a unilateral mistake will not.

63.For a fraudulent misrepresentation to occur, there must be: a

misrepresentation of a material fact; intent to deceive ; and justifiable

reliance on the misrepresentation.

64.Define: duress, undue influence, Parol evidence rule.

65.What are the five instances where the statute of frauds requires a

written contract? What are the exceptions to the rule?

66.Glossary terms: assignment, delegation, restraint on alienation,

intended beneficiary, unintended beneficiary.

67.What rights can and cannot be assigned? What duties can and

cannot be delegated?

68.What is the most common way to discharge one’s duties under a

contract?

69.More glossary: performance, discharge, condition, condition

precedent, condition subsequent, complete performance, substantial

performance, breach of contract, material breach of contract,

anticipatory repudiation mutual rescission, novation commercial

impracticability, impossibility, discharge by operation of law.

70.Let’s say I had a duty to perform a contract, but after I was 80%

done, I decided I needed an extended vacation. Can I walk off the job

and successfully for substantial performance?

71.Does even the most minor, trivial breach of a contract by one party

excuse performance by the other party?

72. What is the statute of limitations to sue to enforce a contract in

Washington? Is it the same for written and unwritten contracts?

73.What is the most common type of damages for breach of contract?

74.Make sure you can define consequential damages.

75.If we have a contract and you breach, the court will always award

me punitive damages, right?

76.What is a liquidated damages clause? Is it enforceable?

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