Question

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?

Homework Answers

Answer #1

Answering the first 8 questions:

1. The similarities between Federal Court and State Court are:

  • Both are legislative courts

The differences between Federal Court and State Court are:

  • State court is established under state while Federal court is established under US Constitution
  • The jurisdiction of State Government is wide and varied while that of Federal Court, is limited to cases listed under constitution
  • Federal court may hear cases concerning state law but the opposite can not happen

2. The structure of the Washington state court system is:

  • Washington State Court
  • Washington Court of Appeals
  • Washington Superior Court
  • Washington District Court

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.

Know the answer?
Your Answer:

Post as a guest

Your Name:

What's your source?

Earn Coins

Coins can be redeemed for fabulous gifts.

Not the answer you're looking for?
Ask your own homework help question
Similar Questions
6) When an appeal is filed with the U. S. Supreme Court, the Supreme Court: a....
6) When an appeal is filed with the U. S. Supreme Court, the Supreme Court: a. must hear the case if the validity of a federal statute is in question b. must hear the case if two or more U.S. courts of appeal have decided the legal issues differently c. has discretion as to which cases it hears d. must hear all case 7) A tort is a violation of a duty imposed by civil law True False 8) Written...
4. As in a criminal case, a defendant in a civil case may not be compelled...
4. As in a criminal case, a defendant in a civil case may not be compelled by the plaintiff to testify. True    False 5. A party injured by fraud in a contract for the sale of goods can both rescind the contract and sue for damages. True    False 6. A promise not to sue another party is not consideration, because the promise does not convey any legal value to the other party. True    False 7. The assertion of specific in personam jurisdiction satisfies...
QUESTION 17 A federal court would have diversity jurisdiction in which of the following cases: (A)...
QUESTION 17 A federal court would have diversity jurisdiction in which of the following cases: (A) A Michigan resident sues an auto company ( a Michigan corporation) for product liability resulting from an auto accident. (B) A California resident sues another California resident for negligence as a result of slipping and falling in the home of the second California resident. (C) An employee sues an employer for sexual harassment under Title VII of the Civil Rights Act of 1964. (D)...
1. All of the following are proper grounds for federal question jurisdiction EXCEPT A. Violation of...
1. All of the following are proper grounds for federal question jurisdiction EXCEPT A. Violation of federal statutes B. When the United States is a party C. Lawsuits involving international treaties D. Personal injury actions involving foreign nationals 2. Corporations A. Are citizens of their state of incorporation B. Are a legal fiction and therefore cannot be sued in state courts C Are citizens of their principal place of business D. Both A and C are correct 3. Court-ordered medical...
70. The primary distinction between an action based on innocent misrepresentation and an action based on...
70. The primary distinction between an action based on innocent misrepresentation and an action based on common law fraud is that, in the former, a party need not allege and prove: A. that there has been a false representation. B. the materiality of the misrepresentation. C. reasonable reliance on the misrepresentation. D. that the party making the misrepresentation had actual or constructive knowledge that it was false. 71. In which of the following cases can the remedy of rescission be...
Case 16.3 Kolodin v. Valenti New York Supreme Court, Appellate Division, 115 A.D.3d 197, 979 N.Y.S.2d...
Case 16.3 Kolodin v. Valenti New York Supreme Court, Appellate Division, 115 A.D.3d 197, 979 N.Y.S.2d 587 (2014). Can severe disagreement within a couple render a personal services contract impossible to perform? auremar/fotolia BACKGROUND AND FACTS Hilary Kolodin, a jazz singer, was personally involved with John Valenti, the sole shareholder and president of Jayarvee, Inc. Jayarvee manages artists, produces recordings, and owns and operates a jazz club in New York City. Kolodin contracted professionally with Jayarvee for recording and management...
Match seven of the terms (a-n) with the definitions provided below (1-8): a.         Foreign Corrupt Practices...
Match seven of the terms (a-n) with the definitions provided below (1-8): a.         Foreign Corrupt Practices Act. b.         Securities Exchange Act of 1934. c.         Racketeer Influenced and Corrupt Organization Act. d.         Securities Act of 1993. e.         Ultramares doctrine. f.          Audit risk. g.         Audit failure. h.         Standards failure i.          Business failure j.          Absence of causal connection k.         Contributory negligence l.          Lack of duty to perform m.        Private Securities Litigation Reform Act n.         Nonnegligent performance __________1. A situation in which the auditor...
QUESTION 80 Which of the following would not violate usury laws? Charging a lower price for...
QUESTION 80 Which of the following would not violate usury laws? Charging a lower price for a cash sale than a credit sale Charging a commission when lending money as an agent for the lender Charging a commission when lending your own money a and b 0.25 points    QUESTION 81 Which of the following statements is true about "time is of the essence" clauses in contracts? These clauses are unenforceable because they violate public policy. These clauses are examples...
QUESTION 1 Which one of the following would NOT be necessary for an offer to have...
QUESTION 1 Which one of the following would NOT be necessary for an offer to have legal standing? A. The language must reflect the intent to become a party to a contract. B. All of the conditions under which the offer would be terminated must be identified. C. All the significant terms and/or conditions must be contained in the offer. D. The offer must be effectively communicated to the other party. 3 points    QUESTION 2 Which one of the...
QUESTION 1 A contract induced by improper threats or undue influence is void. True False 1...
QUESTION 1 A contract induced by improper threats or undue influence is void. True False 1 points    QUESTION 2 A contract made by a person under guardianship is voidable. True False 1 points    QUESTION 3 A contract with a minor remains in force unless the minor decides that he or she does not wish to be bound by it. True False 1 points    QUESTION 4 A person who was intoxicated at the time he made a contract...
ADVERTISEMENT
Need Online Homework Help?

Get Answers For Free
Most questions answered within 1 hours.

Ask a Question
ADVERTISEMENT