NC PT Juris flashcards

34 cards. Read the term and the definition here. The deck at the top of this page is optional.

Superior court jurisdiction

Washington superior courts are courts of general jurisdiction and hear civil claims exceeding $100,000, felonies, family law, probate, and appeals from district courts.

CR 12 waiver rule

Defenses of lack of personal jurisdiction, improper venue, insufficient process, and insufficient service are waived if not raised in the answer or by motion before the answer.

Notice of appeal deadline

Under RAP 5.2, a notice of appeal from a superior court final judgment must generally be filed within 30 days after entry of the judgment.

Proportional discovery

Washington's CR 26 allows discovery of nonprivileged relevant matter that is proportional to the needs of the case, considering importance, amount in controversy, and burden.

Washington citation form

Washington Style Sheet citations list case name, volume, reporter (Wn.3d, Wn. App.), page, year, and parallel P.3d citation, for example 150 Wn.2d 45 (2003).

IRAC structure

IRAC organizes legal writing into Issue, Rule, Application, and Conclusion; CREAC adds a Conclusion first and an Explanation of the governing rule.

Citator signal

A red or yellow citator signal shows that a case has received negative treatment such as being overruled, criticized, or limited by later authority.

Mandatory versus persuasive authority

Mandatory authority binds a court and comes from a higher court in the same jurisdiction or a controlling constitution or statute; persuasive authority merely informs.

RPC 1.6 confidentiality

A lawyer may not reveal information relating to the representation of a client without informed consent, except disclosures impliedly authorized or permitted by the rule's exceptions.

IOLTA trust account

Client funds must be held in a trust account, kept separate from lawyer funds, and accounted for; commingling or misuse is a disciplinary violation under RPC 1.15.

Unauthorized practice of law

UPL is giving legal advice, drafting legal instruments, or appearing in court without a license; nonlawyer assistants may do clerical work but not exercise legal judgment.

Concurrent conflict

Under RPC 1.7, a lawyer may not represent a client if the representation is directly adverse to another client unless both give informed consent and the lawyer reasonably believes competence.

Race-notice recording

Under RCW 65.08.070, a later purchaser who records first and takes without notice of an earlier unrecorded interest prevails over that earlier interest.

Statute of frauds conveyance

RCW 64.04.010 requires real estate conveyances and leases longer than one year to be in writing and signed by the party to be charged.

Seller Disclosure Statement

Washington's Form 17 requires residential sellers to disclose known material defects to buyers; certain transfers such as foreclosure sales and gifts are exempt.

Adverse possession period

A claimant must show actual, open, notorious, exclusive, and continuous possession of another's land for 10 years, and pay property taxes where required.

UCC goods contract

Under RCW 62A.2-201, a contract for the sale of goods priced at $500 or more is unenforceable unless evidenced by a writing signed by the party to be charged.

Expectation damages

Expectation damages place the nonbreaching party in the position performance would have produced, including lost profits that were foreseeable at the time of contracting.

LLC formation

A Washington limited liability company is formed by filing a Certificate of Formation with the Secretary of State and is governed internally by an operating agreement.

Apparent authority

Apparent authority binds a principal when the principal's manifestations lead a third party to reasonably believe the agent is authorized, even absent actual authority.

TEDRA

Washington's Trust and Estate Dispute Resolution Act, RCW 11.96A, provides a single judicial procedure for resolving disputes involving estates, trusts, and nonprobate assets.

Will execution requirements

A Washington will must be in writing, signed by the testator, and attested by two witnesses who sign in the testator's presence and each other's presence.

Elective share

A surviving spouse may claim an elective share equal to the intestate share of the decedent's estate, subject to statutory filing deadlines and procedures.

Small estate affidavit

Under RCW 11.62, heirs may use an affidavit to transfer estate assets without full probate when the estate value does not exceed the statutory threshold.

No-fault dissolution

Washington dissolution requires only an allegation that the marriage is irretrievably broken; fault is not a ground, and a 90-day waiting period applies after filing.

Parenting plan

A parenting plan sets residential time, decision-making authority, and dispute resolution for minor children and must serve the child's best interests under RCW 26.09.187.

QDRO

A qualified domestic relations order divides retirement benefits in a divorce and must satisfy the plan administrator's requirements before benefits can be paid to the alternate payee.

CrR 3.3 speedy trial

Washington's speedy trial rule generally requires trial within 60 days of arraignment if the defendant is in custody or 90 days if not, subject to excluded periods.

Miranda custody

Miranda warnings are required before custodial interrogation; statements obtained without warnings are generally inadmissible, and voluntariness is litigated at a CrR 3.5 hearing.

Felony classifications

Washington classifies felonies as A, B, or C; the statutory maximums are life imprisonment for class A, ten years for class B, and five years for class C.

Hearsay definition

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted; it is generally inadmissible unless an exception under ER 803 applies.

Quantum meruit

Quantum meruit is an equitable claim for the reasonable value of services rendered when no enforceable contract exists, preventing unjust enrichment of the recipient.

CR 5 mailing extension

When a party serves a document by mail, three days are added to the response period under CR 5(b)(2); electronic service adds no extension unless the rules provide.

Conflict check

A conflict check compares the prospective client and adverse parties against the firm's client and matter database before accepting a new representation to avoid disqualifying conflicts.