Mixed Deck — All WA BAR Topics Flashcards

A lawyer in Washington accepts a new client but later realizes they lack the competence to handle the case. What should the lawyer do?

Answer: Associate with another lawyer who has the requisite competence

Under the Washington Rules of Professional Conduct, a lawyer has a duty of competence, meaning they must possess the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. If a lawyer realizes they lack the necessary competence, they must either decline the case, acquire the necessary competence through study, or associate with another lawyer who is competent in that area. Associating with competent counsel ensures the client receives effective representation without the initial lawyer having to withdraw entirely.

In Washington, how is separate property treated upon dissolution of marriage?

Answer: Separate property is awarded to the owning spouse, but the court has discretion to allocate it justly

Under RCW 26.09.080, Washington courts may distribute all property, including separate property, 'justly and equitably,' giving the court discretion to consider fairness in distribution.

Washington CR 11 sanctions may be imposed for which of the following?

Answer: Filing a pleading for an improper purpose

CR 11 authorizes sanctions when a pleading, motion, or other paper is filed for an improper purpose such as harassment or to cause unnecessary delay.

Washington follows which approach to comparative fault in tort cases?

Answer: Modified comparative fault (50% bar)

Washington applies pure comparative fault under RCW 4.22.005, meaning a plaintiff may recover even if 99% at fault, with damages reduced proportionally.

Under Washington's insanity defense (RCW 9A.12.010), the defendant must prove by a preponderance of evidence that at the time of the offense:

Answer: The defendant suffered from a mental disease and either did not know the act was wrong or could not conform conduct to the law

Washington's insanity defense requires proof that a mental disease caused either a lack of understanding that the act was wrong or an inability to conform conduct to the law.

What is required for the formation of a limited liability company (LLC) in Washington?

Answer: Filing Articles of Organization with the Secretary of State

The formation of a Limited Liability Company (LLC) in Washington, like in most states, is a statutory process that requires filing specific documents with the state. The primary document required for legal formation is the Articles of Organization, which must be filed with the Washington Secretary of State. This formal filing establishes the LLC as a distinct legal entity.

Under Washington law, what is the statute of limitations for prosecuting a class A felony?

Answer: No limitation period

Under RCW 9A.04.080, there is no statute of limitations for class A felonies in Washington — they may be prosecuted at any time.

Under Washington's UCC, the 'battle of the forms' rule under UCC § 2-207 (RCW 62A.2-207) provides that when parties exchange forms with differing terms:

Answer: A contract forms on the offeror's terms and additional terms in the acceptance are proposals to modify

UCC § 2-207 provides that a definite expression of acceptance forms a contract even if it contains additional or different terms, with additional terms treated as proposals for modification between merchants.

Which of the following is considered unethical under the Washington Rules of Professional Conduct?

Answer: Soliciting clients in-person when the solicitation involves coercion, duress, or harassment

While lawyers can generally advertise and engage in some forms of direct client contact, the Washington Rules of Professional Conduct strictly prohibit in-person solicitation that involves coercion, duress, or harassment. This rule aims to protect potential clients from undue influence and pressure, ensuring that any decision to retain legal services is made freely and voluntarily.

Washington's 'stand your ground' principle in self-defense law means:

Answer: A person has no duty to retreat anywhere they have a lawful right to be

Washington has no duty to retreat for a person who is in a place where they have a lawful right to be and who reasonably believes deadly force is necessary to prevent death or great bodily harm.

In Washington, a court may modify a final parenting plan based on a showing of:

Answer: A substantial change in the circumstances of the child or either parent

Under RCW 26.09.260, modification of a final parenting plan requires a threshold showing of a substantial change in circumstances, protecting stability for the child.

While Junior is out trapping in the Alaskan forest, his neighbor Franco trespasses onto Junior’s land and cuts down 500 of Junior’s corn stalks, which Franco’s wife will use to make corn bread for the county fair. Franco takes 250 of the stalks home and leaves the remaining stalks next to Junior’s barn. Franco plans to come back later at night to pick up the rest. Junior comes home and finds the 250 stalks and is baffled. He moves them onto his flat bed trailer and places a tarp over them. When Franco returns to Junior’s property later that night, he learns that the stalks were moved from the area where he left them next to the barn. He spends a half hour looking for them and finally finds them on Junior’s trailer. He takes off the tarp and brings the stalks home. Junior reviews his video surveillance system and observes Franco cutting down the stalks and his subsequent actions. He contacts the police, who charge Franco with larceny of 500 stalks. Franco objects to the charges. Has Franco committed larceny?

Answer: Yes, He is guilty of larceny.

Franco committed larceny because he severed the corn stalks from the land, converting them into personal property. His act of taking and carrying away the stalks, even in two stages, with the intent to permanently deprive Junior of them, fulfills the elements of larceny. The fact that Junior moved the remaining stalks does not negate Franco's initial intent or subsequent taking, as the property still belonged to Junior.

Under Washington's Marketable Record Title Act, what is the period a chain of title must be unbroken to establish a marketable record title?

Answer: 50 years

Washington's Marketable Record Title Act (RCW 65.08.060) provides that a chain of title extending back 50 years is sufficient to extinguish most prior interests not recorded within that period.

Under Washington's dissolution law, what is a 'decree of legal separation' as distinct from dissolution?

Answer: It does not end the marriage but allows separate property division and support orders

A Washington legal separation under RCW 26.09.030 divides property and establishes support obligations but does not terminate the marital status, leaving the parties still legally married.

Washington has abolished which of the following common law tort immunities?

Answer: Charitable immunity from tort liability

Washington has abolished charitable immunity, allowing tort claims against charitable organizations for their negligent and wrongful conduct.

Under Washington's Consumer Protection Act (RCW 19.86), a private plaintiff seeking damages must prove which elements?

Answer: Unfair or deceptive act in trade/commerce, public interest impact, and injury to plaintiff's business or property

A Washington CPA private claim requires an unfair or deceptive act in trade or commerce, affecting the public interest, that caused injury to the plaintiff's business or property.

Under Washington's rape shield law (RCW 9A.44.020), evidence of a victim's prior sexual conduct:

Answer: Is generally inadmissible unless the court finds specific relevance after an in camera hearing

Washington's rape shield law bars admission of a victim's past sexual conduct unless the court conducts an in camera hearing and finds the evidence relevant to a specific defense.

What is the maximum sentence for a class B felony in Washington under the SRA?

Answer: 10 years

Under RCW 9A.20.021, a class B felony in Washington is punishable by imprisonment of up to 10 years and/or a fine of up to $20,000.

Under Washington law, the parol evidence rule bars introduction of extrinsic evidence to:

Answer: Contradict or supplement the terms of a fully integrated written agreement

Washington's parol evidence rule prevents parties from using prior or contemporaneous oral agreements to contradict the terms of a fully integrated written contract.

Under Washington's Deed of Trust Act (RCW 61.24), what is the minimum notice period required before a non-judicial foreclosure sale?

Answer: 120 days

RCW 61.24.040 requires at least 120 days' notice before a trustee's sale under Washington's non-judicial foreclosure process.