Term
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Definition
| WA COMMON LAW (CL) OF CONTRACTS GOVERNS, BUT THE COURT MAY APPLY AN UCC ARTICLE 2 PROVION BY ANALOGY |
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Term
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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. |
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Term
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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. |
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Term
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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 |
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Term
| ADDITIONAL CONSISTANT TERMS |
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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. |
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Term
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Definition
| VALID EXCUSES: COOPERATION WITHHELD, ILLEGALITY, SORURCE OF SUPPL DESTROYED; SUBJECT MATTER DESTROYED; AND FAILURE OF PRESUPPOSED CONDITION |
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Term
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Definition
| MONEY DAMAGES, RESCISSION,SPECIFIC PERFORMANCE, DECLARATORY JUDGMENT, ACCOUNTING, INJUNCTION AND IN QUASI-CONTRACT RECOVERY. CLAIM MUST BE FILED WITHIN SOL |
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Term
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Definition
| MUST BE FORSEEABLE BY D AND ESTABLISHED WITH REASONABLE CERTAINTY. NON BREACHING PARTY HAS DUTY TO MITIGATE. |
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Term
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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) |
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Term
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Definition
| WA CL OF PROPERTY AND IF RESIDENTAL RENTAL THE RLTA APPLIES |
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Term
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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. |
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Term
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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. |
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Term
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Definition
| NON EXCLUSIVE, NON ASSIGNABLE, PERSONAL PERMISSIVE TO USE OR COME ONTO THE PROPERTY OF ANOTHER. |
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Term
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Definition
| THE RIGHT TO GO ON THE LAND OF ANOTHER AND TAKE SOME RESOURCE BUT OVERUSE, WASTE OR EXCESSIVE TAKING IS NOT ALLOWED |
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Term
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Definition
| SUSTANTIAL AND UNREASONABLE INTERFERENCE WITH COMFOR OR USE OF A PERSONS PROPERTY |
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Term
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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 |
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Term
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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. |
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Term
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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. |
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Term
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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. |
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Term
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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. |
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Term
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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. |
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Term
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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. |
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Term
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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. |
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Term
| RELEVANT EVIDENCE AND HEARSAY |
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Definition
| IF NO EXCEPTION TO HEARSAY RULE, IT CAN BAR THE ADMISSION OF RELEVANT EVEIDENCE - IT GOES TO RELIABILITY AND RIGHT TO CROSS EXAMINE |
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Term
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Definition
| NOT ADMISSIBLE TO SHOW NEGLIGENCE, CULPABLE CONDUCT OR DEFECTIVE PRODUCT (BUT MAY BE ADMISSIBLE TO SHOW NOTICE) |
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Term
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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 |
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Term
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Definition
| CONFIDENTIAL EVEN IF PARTIES LATER DIVORCE |
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Term
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Definition
| INCLUDES MEDICAL RECORDS UNLESS WAIVED BY MAKING PI CLAIM. |
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Term
| CHAIN OF CUSTODY AND AUTHENTICATION OF RECORDS |
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Definition
| MUST BE SHOWN OR STIPULATED TO |
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Term
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Definition
| PERSONAL KNOWLEDGE; PRESENT RECOLECTION; ABILITY TO COMMUNICATE; ANY DOCUMENTS MAY BE USED TO REFRESH MEMORY |
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Term
| PAST CRIMINAL RECORD OF PARTY (D IN CRIM CASE) |
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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. |
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Term
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Definition
| RE: INTO OF WRITING, PHOTO, OR DRAWING; MUST INTRODUCE ORIGINAL OR DUPLICATE AT TRIAL |
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Term
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Definition
| QUALIFIED BY KNOWLEDGE; SKILL; EXPERIENCE; TRAINING AND/OR EDUCATION AND THEIR OPINION MUST BE HELPFUL TO TRIER OF FACT |
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