Washington State Court Procedures

The Washington State District Courts and Municipal Courts are considered courts of limited jurisdiction. True False

In Washington State, cases filed in Small Claims Court are: A. filed and heard in the State District Court. B. limited to money claims of up to $*,*. C. Both A & B are correct D. Neither A nor B is correct

The most important legal issue decided in the landmark case of International Shoe v. Washington relates to the requirement for sufficient minimum contacts requirements in order for the court to exercise personal jurisdiction over a defendant.. True False

Ginger and Fred entered into an oral contract on January *, * in Seattle, Washington. Pursuant to the contract, Ginger agreed to pay Fred $*,* if Fred agreed to give Ginger dance lessons. Ginger made the payment, but Fred never came through with the dances lessons. In March *, Ginger moved to Spokane, Washington. On December *, *, she filed her complaint in Spokane County Superior Court against Fred for breach of oral contract. Breach of oral contract has a three year statute of limitation in Washington State. Fred was served the summons and complaint on December *, *. On January *, *, he filed a motion to dismiss the case for lack of jurisdiction. Ginger responded by immediately refilling her lawsuit in the proper superior court (i.e., King County). Despite the inconvenience and delay, Ginger’s case will mostly likely not be dismissed; instead it will probably be transferred to King County Superior Court where it will proceed against Fred. True False

So is it true or false

*) Having proper ____ jurisdiction refers to whether the court has the power to require the parties to appear before it and bind them with its decisions. A. Personal B. Subject Matter C. Concurrent D. Diversity

Dear Paralegal, We have two new cases this week, both from the same client Mr. Carl, a resident of Seattle. In the first case, Carl is suing Arthur, also a resident of Seattle, to quiet title on a piece of property located in Pierce County. The second case is a wrongful termination lawsuit. Carl’s former employer, Jack (the owner of Monster Builders), fired him based on his perceived sexual orientation. In truth, Carl is happy that he will not have to commute all the way to Thurston County where Jack lives and where Monster Builders is located, but he is still very angry over his discriminatory termination. Where should we file these two cases? A. Case *: King County Superior Court; Case *: Thurston County Superior Court. B. Case *: King County Superior Court; Case *: King County Superior Court. C. Case *: Pierce County Superior Court; Case *: Thurston County Superior Court. D. Case *: Pierce County Superior Court; Case *: King County Superior Court.

Unlike personal jurisdiction, there is no constitutional requirement for proper venue in order to have a valid judgment. True False

Jason got into an automobile accident in King County. The other driver was Cindy who was injured and is suing Jason in Superior Court. Cindy is a resident of Snohomish County and works in Skagit County. Jason is a resident of Kitsap County and works in Pierce County. Which one of the following statements is false? A. This type of case is considered a "transitory action." B. The correct venue for this case is Snohomish County. C. The correct venue for this case is Kitsap County. D. The correct venue for this case is King County.

Which one is false.

If the defendant determines that a case was incorrectly filed in the wrong venue he or she may raise this defense at any time during trial as long as it is done prior to the final entry of judgment. True False

All pleadings are filed with the court, but not all documents filed with the court are pleadings. True False

Bert is at a party at Ernie's house and Bert slips and falls on some ice on the floor. Bert sues Ernie in a civil personal injury suit trying to recover for injury to his leg. Luckily Ernie has home owner's insurance and asks the court to bring his insurance company in to the action. Ernie is arguing that he is: A. indispensable party. B. entitled to intervention as of right. C. entitled to a cross-claim. D. entitled to impleader.

Just choose a b c. Or d

A corporation is a "person" for legal purposes and has the same legal capacity to own property, enter into contracts, and sue or be sued as real people. True False

Lacee Landlord sued Tahir Tenant for unpaid rent. In his answer, Tahir sued Lacee for breach of the covenant of quiet enjoyment. Tahir’s cause of action against Lacee is referred to as a: A. cross-claim. B. third party claim. C. counterclaim. D. third party complaint.

Paula Plaintiff has had difficulty personally serving Danny Defendant the summons and complaint to his Bellevue, Washington home. Therefore, Paula filed an affidavit with the court stating that Danny could not be located despite her best efforts and due diligence, and that she believed Danny to be in hiding. The court granted Paula’s request to serve Danny by publication. Paula ran a notice in the Eastside Journal, a newspaper of general circulation in King County, for four weeks from February 1st to March 1st. When her attorney friend advised her that the notice was supposed to run for six weeks, she reinserted it in the Eastside Journal and ran the same notice for an additional two weeks between March 15th and March 30th. On April 1st, Danny made a CR *(b)(*) motion to dismiss the case. The court will probably find that Danny’s motion is without merit since Paula’s constructive service was done properly. True False

An order for the defendant to appear in court in person, and typically served along with the formal legal document that sets forth the basic facts and legal reasons that the plaintiff believes are sufficient to support his or her claim against the defendant, is called the: A. complaint. B. order. C. subpoena. D. summons.

Washington is a "code pleading" state, meaning that the pleading must contain sufficient facts to alert the defendant as to why he or she is being sued. True False

Washington State is very liberal about awarding punitive damages compared to other states; it is common for a jury to award punitive damages in Washington. True False

___ damages must be referred to in a complaint; otherwise such damages are waived. A. General B. Punitive C. Special D. Incidental

Pablo Plaintiff served Dakota Defendant his summons and complaint on January 15th. On February 1st, Dakota served Pablo her answer. On February 22nd, Dakota found an error in her pleading, amended it, refiled it with the court, and served it upon Pablo. The court will automatically allow this change by Dakota, without leave of court, because she was entitled to amend her pleading once time as ‘a matter of right.’ True False

The _____ doctrine comes into effect when a pleading is amended to add a new claim or a new party, after the statute of limitations has expired. A. work product B. *-day rule C. relation back D. collateral estoppel

Washington State courts readily allow the plaintiff to add a new cause of action to his or her existing complaint, even if the statute of limitations has since expired, just as long as the new claim arose out of the same events that were stated in the original pleading. True False

Once served upon the plaintiff, the defendant has 30 days to amend his or her answer as a matter of right. True False

The courts in Washington rarely allow the addition of a new party to an existing pleading after the statute of limitations has expired. True False

An amended complaint requiring leave of court must be submitted to the court denominated as "proposed" and be unsigned. True False

Owners of a subdivision with * houses located in Bellevue pooled their resources and hired Solar Inc. to install solar roof panels on all of the houses for a discount. One year after installation the solar panels stopped working on all of the houses, and Solar Inc. refused to replace work. The homeowners would like to bring their suit as a class action. Which of the following statements is most correct? A. The certification will likely succeed because there are common questions of law or fact among the class. B. The certification will likely succeed because balancing all interests a class action is the best way to adjudicate their claims. C. The certification will likely fail because the class is not large enough. D. The certification will likely fail because the claims of representatives are not typical of the entire class.

Because of its policy with regard to punitive damages, Washington State is a favorable place for a class action lawsuit to be filed as compared to other states. True False

The U.S. Supreme Court, in Hickman v. Taylor, stated the following: “Were such materials open to opposing counsel on mere demand, much of what is now put down in writing would remain unwritten. An attorney’s thoughts, heretofore inviolate, would not be his own. Inefficiency, unfairness and sharp practices would inevitably develop in the giving of legal advice and in the preparation of cases for trial. The effect on the legal profession would be demoralizing. And the interests of the clients and the cause of justice would be poorly served.” Based on the content of this statement alone, the Supreme Court was clearly referring to and advocating for: A. the informal discovery process. B. the attorney work product doctrine. C. the attorney-client privilege. D. the subpoena duces tecum process.

Westlaw and LexisNexis offer fee-based online legal research databases that provide an abundance of reference material to conduct informal discovery right from the paralegal’s work computer. True False

The Participation Agreement is used in ________, and assures that the attorneys will never represent the parties in litigation, among other things. A. mediations B. arbitrations C. the collaborative law process D. All of the above

Which of the following statements is false regarding binding arbitration? A. In Washington State, all civil cases are required to take part in mandatory arbitration. B. The arbitrators’ decisions are final, and successful appeals from their decisions are rare. C. The majority of arbitrations arise from an arbitration clause contained in a contract. D. Most arbitrations are more formal than mediation but less formal than a trial.

In Washington State, an "appeal" and a "discretionary review" are not synonymous, but are collectively, referred to as "reviews." True False

Which of the following is false with regard to "appeals" in Washington? A. A party seeking review of a trial court decision reviewable as “a matter of right” must file a Notice of Appeal within 30 days of the entry of judgment. B. In Washington, an appeal is officially referred to as a discretionary review when it is filed as of right. C. Parties have a right to appeal final judgments issued by the Superior Court. D. To preserve a disputed issue for appeal, generally the party must object to an asserted error in the trial court at the earliest possible time, otherwise the objection is waived.

In King County, the Superior Court requires that at some point prior to the start of trial all cases have a settlement conference, or engage in mediation, or participate in some other form alternative dispute resolution in which a third party is involved. True False

In King County, attorneys must file a "Mandatory Joint Confirmation of Trial Readiness Report" with the court for all civil cases and certain family law cases. True False

Which of the following is not mandatory in King County Superior Court? A. Using the eFiling application to file new cases. B. Using the eWorking Copies application to submit working copies to the judge. C. Using the eService application to serve opposing counsel documents. D. Both B & C are correct answers