Term
|
Definition
WA C.P. LAWS ARE APPLIED TO PROMOTE A JUST AND EQUITABLE DISPOSTION OF ASSETS ON DEATH OR DIVORCE. FAMILY LAW PROTECTS THE RIGHTS OF PARTIES SUBJECT TO THE DISSOLUTION OF A MARRIAGE, INCLUDING CHILDREN. |
|
|
Term
|
Definition
WA IN A NO FAULT DISSOLUTION STATE; ONE NEED ONLY ALLEGE THEIR MARRIAGE IS "IRRETRIEVABLY BROKEN." WA HAS JURISDICTION IF ONE PARTY IS RESIDENT. IF DISSOLUTION IS UNCONTESTED, IT WILL BE GRANTED AFTER 90 DAYS. COURT CAN ORDER COUNSELLING IF REQUESTED BY ONE PARTY. |
|
|
Term
|
Definition
ALL PROPERTY (SP AND CP) WILL BE DISTRIBUTED BY THE COURT IN A JUST AND EQUITABLE MANNER. THE PARTIES MUST BE LEGALLY MARRIED FOR THE CP RULES TO APPLY BUT THE COUT MAY APPLY THE CP RULES BY ANALOGY IN A CIR. (PSEUDO CP)-ALSO APPLIES TO RDP. |
|
|
Term
REGISTERED DOMENSTIC PARTNERSHIP |
|
Definition
SHARE HOUSEHOLD, UNMARRIED TO ANOTHER, REGISTER WITH SEC OF STATE AND ARE 18+ (HETEROSEXUAL OK IF ONE OVER 62)= POWER TO MAKE INFORMED MEDICAL CONSENT, BRING WRONGFUL DEATH, AND INHERIT FROM PTNR WHO DIES INTESTATE (ALSO PSEUDO CP) |
|
|
Term
|
Definition
GIFT, INHERITANCE, SPECIAL TORT DAMS; PROP ACQUIRED BY SPOUSE'S SP |
|
|
Term
PROP ACQUIRED DURING MARRIAGE |
|
Definition
PRESUMED TO BE C.P. - ANYTHING BEFORE MARRIAGE OR AFTER SEPARATION (?WHEN) (WATCH FOR CIR BEFORE MARRIAGE CREATING PSEUDO CP) |
|
|
Term
CP (OFTEN LABOR OF ONE SPOUSE) USED TO IMPROVE SP |
|
Definition
CREATES RIGHT OF REIMBURSEMENT TO CP FOR VALUE OF IMPROVEMENT UNLESS CP HAS BENEFITED FROM IMPROVEMENT OR IT WAS A GIFT FROM THE CP. |
|
|
Term
|
Definition
CT WILL ALWAYS LOOK AT BEST INTERESTS OF CHILD ASS A STANDARD TO DETERMINE THE PARENTS RESPONSIBILITIES FOR THE CHILDREN. |
|
|
Term
|
Definition
|
|
Term
STOCK OPTIONS, INSURANCE; PENSION PLANS |
|
Definition
PRO-RATION AS TO TIME AND AMOUNTS |
|
|
Term
JOINDER FOR SECURITY AGREEMENTS (CP) |
|
Definition
|
|
Term
|
Definition
S CAN RATIFY OR DO NOTHING, VOIDABLE, NOT VOID |
|
|
Term
|
Definition
|
|
Term
INSURANCE-DEATH AFTER DIVORCE |
|
Definition
AUTOMATIC DISPLACEMENT STATUTE (X ELIMINATED AS BEN; EXCEPT FOR ERISSA BENS. |
|
|
Term
|
Definition
NO WAITING PERIOD, NO ALLEGATON OF IRRETRIVABLY BROKEN, BUT EVERYTHING ELSE CAN BE INCLUDED IN DECREE. CAN BE CONVERTED TO DIVORCE AFTER 6 MONTHS OR DISMISSED |
|
|
Term
|
Definition
NAMES PRIMARY RESIDENTIAL PARENT; AVOID WORD CUSTODY, VISITATION SCHEDULE; LIMITATIONS; CHILD SUPPORT PER SCHEDULE |
|
|
Term
|
Definition
STEP PARENTS AND THE LIKE (SCUBA) SHARE HOUSEHOLD; CONSENT AND FOSTER RELATIONSHIP; UNEQUIVOCAL ROLE, RESPONSIBILITY IN CHILD'S LIFE; BONDED RELATIONSHIP OVER TIME; ASSUMED FINANCIAL OBLIGATIONS |
|
|
Term
2nd Job earnings effect on support |
|
Definition
not usually, unless P had history of consistant 2nd jobs, if just doing to clean up debts, not taken into formula. |
|
|
Term
ADOPTION - CONSENT, NOTICE |
|
Definition
PERSONAL SERVICE OF NOTICE OF PROTEST-MUST ANSWER IN 20 DAYS IN STATE; 30 DAYS OUT OF STATE; IF NO PERSONAL SERVICE POSSIBLE: 30 DAYS BY 1ST CLASS AND CERTIFIED PLUS ONCE A WEEK FOR THREE CONSECUTIVE WEEKS PUBLICATION WITH 1ST PUBLICATION 30 DAYS BEFORE HEARING. |
|
|
Term
|
Definition
NOT AFTER ONE YEAR UNLESS: FRAUD, DURESS, OR LACK OF MENTAL COMETENTCY |
|
|
Term
|
Definition
LEGAL CHILD, HEIR, ALL RIGHTS AND OBLIGATIONS OF NATURAL CHILD - ADOPTIVE PARENTS HAVE SAME. |
|
|
Term
|
Definition
WA STATUTORY CRIMINAL CODE PROTECTES THE PEACHE AND DIGNITY OF THE STATE AND ITS CITIZENS. |
|
|
Term
|
Definition
requires a culpable act or failure to act (actus reus) and usually requires a culpable mental state (mens rea) of intent, knowledge, or criminal negligence. |
|
|
Term
|
Definition
IF THE CRIME OR ANY PART OF THE CRIME WAS COMMITTED IN WA. |
|
|
Term
|
Definition
OF PROOF BEYOND A REASONABLE DOUBT, NOT NO DOUBT, JUST REASONABLE DOUBT. |
|
|
Term
|
Definition
IF D DOES AN ACT CONSITUTING A SUBSTANTIAL STEP TOWARD COMMISSION OF THE CRIME |
|
|
Term
|
Definition
APPLIES IF TH D OFFERES ANYTHING OF VALUE TO ANOTHER TO ENGAGE IN SPECIFIC CRIMINAL CONDUCT. |
|
|
Term
|
Definition
TWO OR MORE PEOPLE AGREE TO COMMIT A CRIME AND ANY ONE OF THEM TAKES A SUBSTANTIAL STEP IN FURTHERANCE OF THEIR AGREEMENT. |
|
|
Term
|
Definition
KILLING OF A HUMAN BY THE ACT, PROCUREMENT OR OMISSION OF ANOTHER |
|
|
Term
|
Definition
REQUIRES PREMEDITATED INTENT TO CAUSE DEATH, EXTREME INDIFFERENCE TO HUMAN LIFE OR COMISSION OF FELONY MURDER |
|
|
Term
|
Definition
DEATH OF 3RD PARTY NON PARTICIPANT THAT OCCURED DURING THE ATTEMPT, ACT OR FLIGHT FROM A DANGEROUS FELONY (BARRK)- WA STATUTES PROVIDE LIMITED PROTECTION FOR TRULY INNOCENT PARTICPANTS, WHO, FOR EXAMPLE, BELEIVED IN GOOD FAITH THAT NO PARTICIPANTS WERE ARMED WITH DANGEROUS WEAPONS. |
|
|
Term
|
Definition
UNDER 8 IRREBUTABLY PRESUMED INCAPABLE OF COMMITTING A CRIME, BETWEEN 8 AND 12 P MUST SUBMIT CLEAR AND CONVINCING PROOF THAT CHILD HAD CAPACACITY AND IN FACT KNEW THE ACT WAS WRONG. |
|
|
Term
|
Definition
THE US AND WA CONSTITUTIONS; AND THE WA RULES OF CRIMINAL PROCEDURE APPLY AND ENCOMPASS THE PROCESS BY WHICH SUBSTANTIVE LEGAL CRIMES MAY BE INVESTIGATED, CHARGED, PROSECUTED AND APPLIED. |
|
|
Term
|
Definition
COURT WILL FIND A 4TH AMENDMENDMENT VIOLATION IF THERE IS STATE ACTION, A REASONABLE EXPECTATION OF PRIVACY AND THE STATE LACKED PROBABLE CAUSE TO ACT. WITH RESPECT TO PRIVACY THE WA CONSTITUTION AFFORDS D'S MORE PROTECTION. |
|
|
Term
|
Definition
UNDER 4TH AMENDMENT, AN ARREST USUALLY REQUIRES A WARRANT ISSUED BY A NEUTRAL MAGISTRATE WHO HAS MADE A DETERMINATION OF PC - A CRIME WAS COMITTED AND IT IS REASONABLE TO BELIEVE THAT THE PERSON SOUGHT DID IT. ARREST WITHOUT A WARRANT IS ALLOWED PURSUANT TO PC AND SOME WARRANT EXCEPTIONS APPLIES: FELONY SUSPECT IN PUBLIC PLACE, EXIGENT CIRCUMSTANCES (CONCERN RE FLIGHT) |
|
|
Term
MIRANDA WARNINGS REQUIRED |
|
Definition
IF SUSPECT IS UNDER CUSTODIAL INTERROGATION, MUST BE ADVISED OF RIGHT TO REMAIN SILENT, ANYTHING SAID CAN BE USED AGAINST d IN COURT OF LAW; RIGHT OF AN ATTORNEY AND IF CANNOT AFFORD ONE WILL BE APPOINTED |
|
|
Term
|
Definition
MUST BE ACCOMPANIED BY VALID ARREST WITH PC OR WARRANT UNLESS AN EXCEPTION APPLIES. EVIDENCE OBTAINED BY IMPROPER SEARCH WILL BE EXCLUDED AS FRUIT OF THE POISONOUS TREE. |
|
|
Term
|
Definition
IF ARREST WITHOUT PROPER WARRANT, MUST BE HELD TO ESTABLISH P.C. WITHIN 48 HOURS |
|
|
Term
|
Definition
MUST OCCUR WITHIN 14 DAYS OF D'S FIRST APPEARANCE OR THE FILING OF AN INFORMATION. |
|
|