Prep One Flashcards
RAP 18.9(a) Frivolous appeal
authorizes the appellate court, on its own initiated or motion of a party, to order a party or counsel who files a frivolous appeal to pay sanctions, including award of attorney fees and costs to the opposing party.
An appeal is frivolous if there are no debatable issues on which reasonable minds might differ and it is so totally devoid of merit that there is no reasonable possibility of reversal
Sixth Amendment
a defendant has a right to a fair and impartial jury as well as the right to a trial process free from discrimination
peremptory challenge
There is no right under US Constitution or WA state Constitution, so a loss of a peremptory challenge does not undermine the fundamental judicial process and is not a per se reversible error. Tradition, statutes, and court rules created peremptory challenges.
Sicth Amendment
Guarantees the right to effective assistance of counsel
To succeed on a claim of ineffective assistance of appellate counsel, the petitioner mush demonstrate that defense counsel’s representation fell below an objective standard of reasonableness and the deficient representation resulted in prejudice
prejudice
requires that there is a reasonable probability that except for counsel’s unprofessional errors, the result of the proceeding would have been different.
First Amendment
True threats are not protected by the First Amendment.
persuasive authority
Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow. Thus, the holding from a court in another jurisdiction or a lower court in the same jurisdiction is persuasive authority.
Fifteenth Amendment
In part: a prohibition on denying or abridging the right to vote on account of race… grants protection to all persons, not just members of a particular race.
Declaration of Intent (legislative)
Only serve as an important guide in determining the intended effect of the operative sections.
Abridgment of the right to vote
likely to be found if voting registration administered literacy test to Mexican American class more frequently, more carefully, and more stringently than they have administered them to other persons.
Equal Protection Clause - Fourteenth Amendment
strict scrutiny; rational basis review
Rational basis review
Satisfied if there is a rational relationship between the WVRA (example) and any legitimate government interests.
Proper service
when a defendant raises a challenge of service of process, plaintiff has the burden to show service was proper. burden can shift to defendant by clear and convincing evidence that service was improper
Corporate service of process
RCW 4.28.080:
If against a company or corporation other than those designated in subsections
(1) through (8) of this section, to the president or other head of the company
or corporation, the registered agent, secretary, cashier or managing agent
thereof or to the secretary, stenographer or office assistant of the president
or other head of the company or corporation, registered agent, secretary,
cashier or managing agent.
For more than 100 years, the list of authorized persons has included the corporation’s president or other head of the company, secretary, cashier, and managing agent.
Managing Agent: managerial authority
CR 56
“Summary judgment is
appropriate when there are no genuine issues of material fact and the moving
party is entitled to judgment as a matter of law.” Lakehaven Water & Sewer Dist.
v. City of Federal Way, 195 Wn.2d 742, 752, 466 P.3d 213 (2020)
If reasonable minds could
differ on facts controlling the outcome of the litigation, then there is a genuine
issue of material fact and summary judgment is inappropriate. Ranger Ins. Co. v. Pierce County, 164 Wn.2d 545, 552, 192 P.3d 886 (2008).
Contracts - unconscionable
A contract provision is unenforceable it if is deemed unconscionable. WA recognizes two forms: substantive and procedural.
Substantive: provision shocking to the conscience, monstrously harsh, exceedingly calloused to define unconscionable.
Procedural: equity between the contracting parties at the time of the contract’s formation. described as the lack of meaningful choice, considering all the circumstances surrounding the transaction.
Criminal competence (RCW 10.77.060 et seq.)
(1) Able to understand the nature of the charges against them; and
(2) able to assist in their own defense.
If either party raises competence under RCW 10.77 and is in custody, evaluation must take 14 days to complete
Corporation formation
Articles of incorporation are filed with the secretary of state and must include:
(1) name of corporation;
(2) Maximum number of shares the corporation is authorized to issue; and
(3) the initial registered agent.
Amendments to articles of incorporation
may be amended if there is a majority vote from directors and shareholders. Minor changes may be made by Board of Directors without shareholder approval.
piercing the corporate veil
ability to hold a shareholder liable for the debts of the corporation if:
(1) “Alter Ego”;
(2) Lack of corporate formalities;
(3) undercapitalized; OR
(4) fraud / illegality
Corporate shareholder liability
typically not liable for the debts of the corporation; review piercing the corporate veil
Duty of care
Making sure directors and officers are exercising reasonable care when making business decisions. Prevent negligence. Manage corporation’s management; ensure corporate proposals are in the interest of the company; disclose material information to the Board of Directors; make reasonably informed decisions
Duty of loyalty
Intentional wrongful conduct. Conflicting interest transaction, for example parent company and shareholder on both sides of the deal. Benefiting oneself over the corporation.
business judgment rule
creates a presumption that the directors acted in good faith, on an informed basis, and in the honest belief that the action in corporation’s best interest
