Law Wk1 Essay

Submitted By aj94612
Words: 656
Pages: 3

Based on Old English Common Law
Plaintiff/Defendant brings in front of a judge
Tedious and long
Washington has their own system (like any other state)
State system identical to the federal system - built after federal was establish
New York was developed before federal government so their way is stuck
When the common law was developed based on decisions, but it was complicated, so they decided to start writing things down
Books called the restatements - compilation of cases so they could make decisions on cases
Torts, agencies, etc.
Restatements are good, but states have laws that have their own routes
Statutes on torts
Issues when restatements conflict with their statutes
England doesn’t have a constitution - they go off of what was established last time
How do you get your case in front of the judge?
How do cases begin?
Some event
Lack of knowledge - declaratory judgment
Easement example: property driveway usage to get to vacation home - once per month for vacation home by main property owner
Vacation home to be sold -now bought and being turned into hotel - driveway needs to be widened
Was originally used for horses, will take case to judge to decide what land will be used for
Only so much time to file a lawsuit - stale (statute of limitations)
Hurt neck in car accident, only 3 years to file a suit against the person at fault
Punched in nose and its forever messed up, only 2 years to file suit
On cruise ship only 1 year (federally regulated) - they are allowed a different statute of limitations
File a claim within 6 months, then file a lawsuits in federal district court within a year
Contract - 6 year statute of limitation from the point of breach
Contract in 1990, but dispute in 2006
You have 6 years from 2006 to file a suit
Some are 3 year statute to file suit from point of breach
Is there a paragraph targeting when filing suit, you are stuck to that time limit because you have agreed to it.
Jurisdiction - what kind of case can this court take?
Ex. Sue guy that rear ended them - criminal or civil?
Civil court!! - 5 different courts operating in the state of Washington at the same time
Federal District - super nice!, not as many cases, hands on people, better treatment, rules a bit more lacked (120 days to serve papers)
Always apply when it’s a federal issue
Cross state boundaries
Dollar Limit of the dispute!!! - must be over $100k
Long arm statute - determines what type of statutes can be brought into the state