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WA PRIMARY ISSUES
CONTRACTS; PROPERTY; EVIDENCE
33
Law
Professional
06/18/2009

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Cards

Term
CONTRACTS OPENER
Definition
WA COMMON LAW (CL) OF CONTRACTS GOVERNS, BUT THE COURT MAY APPLY AN UCC ARTICLE 2 PROVION BY ANALOGY
Term
CONTRACT REQUIREMENTS
Definition
K REQUIRES OFFEROR'S EXPRESSION OF DEFINITE TERMS, PRESENT WILLINGNESS AND INTENTION TO BE BOUND; ACCEPTANCE BY THE INTENDED OFFEREE BEFORE REVOCATION; CONSIDER IN THE FORM OF A BENEFIT TO THE PROMISOR OR DETRIMENT TO THE PROMISEE, LEGAL CAPACITY OF THE PARTIES, LEGAL SUBJECT MATTER AND COMPLIANCE WITH THE SOF REQUIRING A WRITING SIGNED BY THE PARTY TO BE CHARGED.
Term
OFFER
Definition
MUST INCLUDE A PRESENT MANIFESTATION OF INTENT TO BECOME BOUTND WITH DEFINITE AND CERTAIN TERMS THAT VEST THE POWER OF ASSENT IN A PARTICULAR OFFEREE.
Term
ACCEPTANCE
Definition
MAY BE ESPRESS OR IMPLIED BY THE PERFORMANCE OF THE PARTIES, SO THE LAST COMMUNICATION OF TERM BETWEEN THE PARTIES WOULLD CONTROL UNDER THE "MASTER OF THE BARGAIN" OR "LAST SHOT" THEORY
Term
ADDITIONAL CONSISTANT TERMS
Definition
IN A CL ACCEPTANCE DO NOT VILOLATE THE "MIRROR IMAGE" RULE AND THEREFOR ARE NOT A REJECTION. uSUALLY THEY ARE TREATED AS A MERE INQUIRY OR REQUEST. DEMAND FOR INCLUSION IN THE TERMS MAY BE A REJECTION OF THE OFFER.
Term
NONPERFORMANCE
Definition
VALID EXCUSES: COOPERATION WITHHELD, ILLEGALITY, SORURCE OF SUPPL DESTROYED; SUBJECT MATTER DESTROYED; AND FAILURE OF PRESUPPOSED CONDITION
Term
REMEDIES
Definition
MONEY DAMAGES, RESCISSION,SPECIFIC PERFORMANCE, DECLARATORY JUDGMENT, ACCOUNTING, INJUNCTION AND IN QUASI-CONTRACT RECOVERY. CLAIM MUST BE FILED WITHIN SOL
Term
DAMAGES
Definition
MUST BE FORSEEABLE BY D AND ESTABLISHED WITH REASONABLE CERTAINTY. NON BREACHING PARTY HAS DUTY TO MITIGATE.
Term
CP ISSUES
Definition
EITHER MEMBER OF COMMUNITY MY BIND THE COMMUNITY IN CONTRACCT UNLESS JOINDER IS REQUIRED. THERE IS A REBUTTABLE PRSUMTION THAT BOTH SPOUSES ARE LIABLE FOR COMMUNITY CONTRACTURAL OBLIGATIONS (FROM THEIR SEPARATE PROPERTY)
Term
PROPERTY OPENER
Definition
WA CL OF PROPERTY AND IF RESIDENTAL RENTAL THE RLTA APPLIES
Term
EASEMENT
Definition
APPURTANENT OR IN GROSS IS AN ASSIGNABLE, NONPOSSESORY ROGHT TO CROSS OVER OR USE THE SERVIENT TENEMENT'S LAND OF ANOTHER CREATED BY PRESCRIPTION, IMPLICATION, NECESSITY OR EXPRESS GRANT.
Term
PRESCRIPTIVE EASEMENT
Definition
CONTINUOUS FOR STATUTORY TIME (10 OR 7); HOSTILE TO TRUE OWNER'S INTEREST, AND THE USE MUST BE OPEN AND NOTORIOUS SO OWNER HAS ACTUAL OR CONSTRUCTIVE NOTICE.
Term
LICENSE
Definition
NON EXCLUSIVE, NON ASSIGNABLE, PERSONAL PERMISSIVE TO USE OR COME ONTO THE PROPERTY OF ANOTHER.
Term
PROFIT A PRENDRE
Definition
THE RIGHT TO GO ON THE LAND OF ANOTHER AND TAKE SOME RESOURCE BUT OVERUSE, WASTE OR EXCESSIVE TAKING IS NOT ALLOWED
Term
NUISANCE
Definition
SUSTANTIAL AND UNREASONABLE INTERFERENCE WITH COMFOR OR USE OF A PERSONS PROPERTY
Term
COVENANT
Definition
A PROMISE IN A DEED BURDENING THE SERVIENT TENEMT FOR THE BENEFIT OF THE DOMINENT TENEMENT. ENFORCEABILITY REQUIRES A WRITING, INTENT THAT THE PROMISE RUN WITH THE LAND AND AN EFFECT THAT TOUCHES AND CONCERNS THE LAND. AN EQUITABLE SERVITUDE IMPOSES SIMILAR RESTRICTIONS BASED UPON ACTUAL OR CONSTRUCTIVE NOTICE OF THE BURDEN
Term
ZONING
Definition
IS USED TO REGULATE PROPERTY USE AND CONTROL DEVELOPMENT. IT IS A QUASI-JUDICIAL GOVERNMENT FUNCTION REQUIRING THAT NOTICE MUST BE GIVEN TO AFFECTED PARTIES PROVIDING THE RIGHT TO BE HEARD. THERE MUST BE AN APPEARANCE OF FAIRNESS IN THE DECISION-MAKING PROCESS. JUDICIAL REVIEW REQUIRES: STANDING, EXHAUSTION OF ADMINISTRATIVE REMEDIES, RIPENESS, AND THAT THE AGENCY HAS ISSUED A FINAL DETERMINATION.
Term
NON CONFORMING PROPERTY
Definition
LEGAL WHEN BULIT, BUT DOES NOT MEET CURRENT ZONING CODE. IT IS "GRANDFATHERED" IN AND ALLOWED TO REMAIN AS LONG AS THE NONCONFOMING USE IS CONTINUOUS. THE USCE CANNOT BE SUBATANTIALLY EXPANDED OR CHANGED TO A DIFFERENT ONCOMFORMING USE. AN INTENSICIFICATION OF THE SAME USE IS USUALLY ALLOWED (IF IN EXISTENCE WHEN THE AONING ORD WAS ADOPTED AND IT DOES NOT IMPACT THE NEIGHBORS AS OPPOSED TO A DIFFERENT USE. IF THE NONCONFOMINGUSE IS ABANDONED, THE GRANDFATHER PROTECTION LAPSES AND MAY NOT BE REVIVED.
Term
WA RECORDING STATUTE
Definition
RACE NOTICE WITH FIRST BFP WHO FILES THE DEED PREVAILING. BFP MUST TAKE FOR VALUE, IN GOOD FAITH, AND HAVE NO RECORD OR INQUIRY NOTICE.
Term
LEASE - REPAIR NEEDED
Definition
T GIVES LL WRITTEN NOTICE OF NEEDED REPAIR AND LL FAILS TO REMEDY WITHIN A REASONABLE TIME THE T MAY TERMINATE THE RENTAL AGREEMENT AND MOVE OUT, MAKE THE REPAIRS, AND DEDUCTIT FROM THE RENT, OR SEEK A JUDICIAL DETERMINATION.
Term
EVIDENCE OPENER
Definition
WA HAS ADOPTED, WITH MINOR VARIATIONS, THE FEDERAL RULES OF EVIDECE, WHICH ATTEMPT TO PROVIDE THE FACT FINDER WITH RELIABLE, RELEVANT EVIDENCE AND EXCLUDE ALL ELSE.
Term
RELEVANT EVIDENCE
Definition
MUST TEND TO PROVE OR DISPROVE A MATERIAL ISSUE IN DISPUTE. ALTHOUGH RELEVANT, THE COURT HAS DISCRETION TO EXCLUDE THE EVIDENCE IF IT FINDS THAT THE PROBATIVE VALUE IS OUTWEIGHED BY ITS DANGER FOR UNFAIR PREJUDICE, CONFUSION OR UNDUE DELAY.
Term
HEARSAY
Definition
OUT OF COURT STATEMENT OF FACT OFFERED TO PROVE THE TRUTH OF THE MATTER ASSERTED. MANY STATEMENTS ARE NOT HEASAY, SUCH AS PRIOR INCONSISTANT STATEMENTS AND ADMISSIONS OF A PARTY OPPONENT.
Term
RELEVANT EVIDENCE AND HEARSAY
Definition
IF NO EXCEPTION TO HEARSAY RULE, IT CAN BAR THE ADMISSION OF RELEVANT EVEIDENCE - IT GOES TO RELIABILITY AND RIGHT TO CROSS EXAMINE
Term
REMEDIAL MEASURES
Definition
NOT ADMISSIBLE TO SHOW NEGLIGENCE, CULPABLE CONDUCT OR DEFECTIVE PRODUCT (BUT MAY BE ADMISSIBLE TO SHOW NOTICE)
Term
SETTLEMENT NEGOTIATIONS
Definition
INCLUDING PLEA BARGAINING ARE INADMISSABLE. HOWEVER AN OFFER TO COMPENSATE A CRIMINAL WITNESS MAY BE ADMISSIBLE IN A CRIMINAL CASE AS THAT IS NOT A SETTLEMENT NEGOTIATION IN THAT CASE, ALSO SOME QUESTION REGARDING FACTUAL ASSERTIONS MADE DURING SETTLEMENT NEGOTIATIONS
Term
SPOUSAL PRIVILEGE
Definition
CONFIDENTIAL EVEN IF PARTIES LATER DIVORCE
Term
DOCTOR - PATIENT
Definition
INCLUDES MEDICAL RECORDS UNLESS WAIVED BY MAKING PI CLAIM.
Term
CHAIN OF CUSTODY AND AUTHENTICATION OF RECORDS
Definition
MUST BE SHOWN OR STIPULATED TO
Term
WITNESS COMPETENCY
Definition
PERSONAL KNOWLEDGE; PRESENT RECOLECTION; ABILITY TO COMMUNICATE; ANY DOCUMENTS MAY BE USED TO REFRESH MEMORY
Term
PAST CRIMINAL RECORD OF PARTY (D IN CRIM CASE)
Definition
NOT ADMISSIBLE TO PROVE THE CHARACTER OR PROPENSITY OF A PERSON IN ORDER TO SHOW ACTION IN CONFORMITY THEREWITH. HOWEVER, IT MAY BE ADMISSIBLE FOR OTHER PURPOSES, TO IMPEACH, BY ADMISIBILITY OF CRIME OF DISHONESTY, MOTIVE, INTENT, PREPARATION, OR ABSENSE OF MISTAKE.
Term
BEST EVIDENCE RULE
Definition
RE: INTO OF WRITING, PHOTO, OR DRAWING; MUST INTRODUCE ORIGINAL OR DUPLICATE AT TRIAL
Term
EXPERT WITNESS
Definition
QUALIFIED BY KNOWLEDGE; SKILL; EXPERIENCE; TRAINING AND/OR EDUCATION AND THEIR OPINION MUST BE HELPFUL TO TRIER OF FACT
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