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?
Answering the first 8 questions:
1. The similarities between Federal Court and State Court are:
The differences between Federal Court and State Court are:
2. The structure of the Washington state court system is:
3. The USA has 13 court of appeals. These court of appeals come under the Supreme Court. Washington belongs to the 9th circuit of the court of appeals
5. Stare decisis is the Latin word which means to stand by the things decided. It is a legal doctrine, also referred to as the doctrine of precedent, which mandates the courts to follow famous past cases before deciding the ruling of case at hand.
6. The binding precedent requires the court to offer same ruling to the current case as was done with a similar past case. Under the persuasive precedent, the higher court may stick to a decision take by the lower court, however the obligation is not mandates.
7. John Glover Roberts Jr. is the Chief Justice of the United States Supreme Court. He was appointed to position in the year of 2005, and was nominated by George Bush.
8. The president nominates the candidature for justice of Supreme Court. The vote of the Senate confirms his candidature.
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