Term
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Definition
| 18, testementary intent, sound mind, knowledge of property, objects of bounty; testementary effect |
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Term
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Definition
| 18, disintristed (if interested does not invalidate the will but creates a presumption of fraud or undue influence, if not overcome such witness can inherit only intestate share, may attest after testator has signed if he declares it to be his will and signature, self proving affidavits eliminate need to obtain later |
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Term
| bequest no longer in estate at death |
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Definition
| Ademption, legatee gets nothing. |
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Term
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Definition
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Term
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Definition
| may be revived by doctrine of dependent relative revocation (drafted new invalid will) |
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Term
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Definition
| Uniform Simultanious Death Act. each presumed to have predeceased each other (120 hours) |
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Term
| simutanious death of joint tenants |
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Definition
Where there is no sufficient evidence that two joint tenants have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived, and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
Where there is no sufficient evidence that two joint tenants have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived, and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
Where there is no sufficient evidence that two joint tenants have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived, and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
if two, each distributed as if not joint tenants 1/2 to heirs. |
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Term
| Stepchildren in intestacy |
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Definition
| not a child unless adopted |
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Term
| illegitimate children in intestacy |
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Definition
| same rights as natural born legitimate |
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Term
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Definition
| TEDRA mediation/arbitration required |
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Term
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Definition
| list all duties; filing will, amassing assets; notifying creditors; fiduciary; interim and final accounting, ct must approve and discharge PR |
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Term
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Definition
| must be consolidated; can be for failure to state claim upon which relief can be granted. |
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Term
| motion for summary judgment |
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Definition
| possible at almost any time |
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Term
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Definition
| by filing or service; 90 days tolling to complete both. (service on at least one D) - notice pleading; if serve first must file in 90 days. |
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Term
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Definition
| not permitted unless protective order; meet and confer; possible Frisons issue |
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Term
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Definition
| must be denied w/in 30 days or deemed admitted (40 days if served with complaint)--may not be combined with any other form of discovery. |
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Term
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Definition
| for any reason except race or gender (Batson) |
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Term
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Definition
| unlimited, waived if not made |
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Term
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Definition
| may not refer to evidence not admitted |
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Term
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Definition
| max time to make - one year; new evidence or newly discovered misconduct in trial |
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Term
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Definition
| max time to make - one year; new evidence or newly discovered misconduct in trial |
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Term
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Definition
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Term
| Earnest Money Agreement requirements |
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Definition
| names of parties, price, legal description and method of payment, comply with SOF (signed) |
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Term
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Definition
| valid offer intending to be bound, acceptance before revocation, consideration, legal capacity of parties, legal subject matter and compliance with SOF if the K is for marriage, over one year for performance, UCC goods sale over $500 or lease over $1000, land or real estate lease over one year or suretyship undertaking to answer for the debts of another. |
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Term
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Definition
| if integrated contract, no prior or extrinsic oral or written eveidence allowed to contradict, but vitiated by BERG RULE |
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Term
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Definition
| does not apply to counter offers; only acceptances |
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Term
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Definition
| only for encumbrance of real property or business both work in |
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Term
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Definition
| WA is pure comparative fault state; joint and several liability only where injury is indivisible and P is not partially at fault |
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Term
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Definition
| recovery is reduced by P percentage of fault and P can recover from each other party a percentage equivalent to their relative degree of fault |
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Term
| bartender/owner-overserving |
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Definition
| no duty to adult for own injuries caused by intoxication but duty to 3rd parties injured by intoxicated customer if forseeable |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| protects consumers from dangerous products; strict liability possible if defective construction; design defect strict liability if not reasonably safe and reasonable alternative design; risk utility test; Danger warnings have to be prominent and adequate |
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Term
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Definition
| discounted to present value |
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Term
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Definition
| D residence, where tort (not damage) occurs; where P resides if P not resident when action commenced |
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Term
| insufficent service of process |
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Definition
| CT should dismiss and also for lack of personal jurisdiction; must be made by TIMELY motion |
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Term
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Definition
| must be consolidated in answer or pre-answer motion |
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Term
| 90 day completion rule (commencement of action) |
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Definition
| at least one D must be both served and complaint filed within 90 days (statute tolled for that period) |
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Term
| Describe personal service (in or out of state) |
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Definition
| Hand to hand on D best; left with suitable aged person who is resident at D's resident OK; OR leave at usual mailing address and mail copy if CT authorized; publication only on affidavit that D cannot be found in state (best to describe efforts to find) once a week for 6 weeks in county where action filed (tolling SOL) |
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Term
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Definition
| only proper where title at issue; slander of title otherwise, can be counterclaim, or new suit, but ct could require counterclaim |
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Term
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Definition
| 1. common questions of law or fact; 2. Representative parties have typical claims; class too numerous for all members to join; 4. Interestes of all class members adequately protected -- all 4 must be met, consider risk of inconsistent judgments, defendant refuses to act and common questions predominate over individual questions - ct. may certify as class action. |
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Term
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Definition
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Term
| 2 year SOL for certain torts |
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Definition
| assault, battery, false imprisonment, deffamation and nuisance |
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Term
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Definition
| ALWAYS WRITE COMPLETE RULE; NOT JUST APPLICABLE PART |
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Term
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Definition
| CONFINEMENT OR RESTRAINT AGAINST WILL; WATCH FOR PROTEST BY P AGAINST RESTRAINT |
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Term
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Definition
| INTENTIONAL OR RECKLESS INFLICTION OF EMOTIONAL DISTRESS REQUIRES SEVERE DISTRESS WITH OBJECTIVE SYMPTOMS AND SHOCKING CONDUCT OUTSIDE NORMS OF COMMON DECENCY; ALWAYS DISCUSS POSSIBILITY IF RELEVANT; ALSO RAISE NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS |
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Term
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Definition
| IRRETRIEVABLY BROKEN, IF UNCONTESTED 90 DAYS; CONTESTED MAY REFER TO COUNSELLING, WITH REPORT BACK IN 90 DAYS |
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Term
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Definition
| IF MARRIED TO MOTHER OR BORN W/IN 300 DAYS OF TERMINATION; IF MARRIED, MOTHER MUST ACKNOWLEDGE PATERNITY IN WRITING (BIRTH CERTIFICATE) - UNIFORM PARANTAGE ACT-POSSIBLE TO HAVE NO PRESUMED FATHER |
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Term
| PRIMARY RESIDENTIAL PLACEMENT |
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Definition
| USE INSTEAD OF "CUSTODY"; BEST INTEREST OF CHILDREN CONTROLS: COSIDER STABILITY; EMONIONAL GROWTH, PHYSICAL CARE; STRENGTH OF PARENT-CHILD RELATIONSHIP; ALLOCATE DECISION MAKING, DETERMINE DISPUTE RESOLUTION MECHANISM, OK TO ASK CHILDREN THEIR PREFERENCE, NOT CONTROLING; MODIFICATION ONLY FOR SUBSTANTIAL CHANGE IN CIRCUMSTANCES (PARENT OR CHILD) |
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Term
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Definition
| PROP ACQUIRED DURING MARRIAGE PRESUMED TO BE -- ALWAYS DISCUSS--SOURCE RULE |
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Term
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Definition
| PRIOR TO MARRIAGE OR AFTER SEPARATION (WHENEVER PERMANENT SEPARATION DOES OCCUR- WATCH FOR IN AN OUT; GIFT OR INHERITANCE; PROPERTY ACQUIRED WITH; SEPARATE MONEY (SOURCE RULE) ONCE SEPARATE, ALWAYS SEPARATE IF CAN BE TRACED, UNLESS DONATED (INTENTIONALLY) TO COMMUNITY -- |
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Term
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Definition
| CAN BE IN SUPPORT OBLIGATION AND CAN BE MODIFIED BEFORE 18TH BIRTHDAY OF CHILD |
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Term
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Definition
| NO ABSOLUTE RIGHT (NONE IN CIR), CASE BY CASE; REHABILITATIVE, DURATION; RESOURCES OF EACH PARTY; EDUCATION LEVEL AND EMPLOYMENT HISTORY |
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Term
| SEPARATE CREDIT CARD DEBT |
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Definition
| IF PAID OFF BY COMMUNITY CREATES RIGHT OF REIMBURSEMENT - LOOK AT FACTS CAREFULLY |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| Sep prop of signor liable unless joint assets bought, then JP, but not SP of non signing party. |
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Term
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Definition
| needs to be definite and unequivocal |
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Term
| contract term not to violate law |
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Definition
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Term
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Definition
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Term
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Definition
| PROMISE TO PAY FOR PROMISE TO GET RID OF ANTS - NOT A PERSONAL SERVICE KT - A CONTRACT FOR SERVICES |
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Term
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Definition
| DEFAULT BUSINESS ENTITY, NO FILING NECESSARY, NO WRITING, IMPLIED BY SHARING PROFITS; UNLIMITED PARTNER LIABILITY - TRADENAME MUST BE FILED W DPT OF LICENCING; SHARE PROFITS AND LOSSES EQUALLY UNLESS AGREED OTHERWISE EACH PARTNER HAS AUTHORITY TO BIND PARTNERSHIP AND HAVE RIGHT TO PARTICIPATE IN MANAGMENT. TORT JUDGMENT CLAIMANT HAS PRIORITY IN DISILOUTION--GO THRU DISSOLUTION procedure and priority and requirement to provide statement of dissolution. |
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Term
| SEP PROPERTY LIABLE FOR TORT OF SPOUSE |
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Definition
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Term
| "AS IS" on Consumer goods |
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Definition
| does not destroy implied warranty of merchantability |
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Term
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Definition
| FEDERAL AND WA STATE CONST GOVERN; WA APA; GUNWALL, MUST HAVE STATE ACTION |
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Term
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Definition
| excluded even if relevant if outweigned by danger of unfair prejudice, confusion or delay |
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Term
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Definition
| has a tendancey to make the existence of amy material fact more or less probable |
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Term
| Hearsay exception business records |
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Definition
| business or public records kept in the normal course of business, timing must be contemporanous, authentication required, police reports presumptively admissible, 30 day notice of intent to use, can be used to refresh memory |
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Term
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Definition
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Term
| PRIOR MISDOMENORS AS EVIDENCE |
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Definition
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Term
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Definition
| ADMISSIBLE AS EXCEPTION TO HEARSAY RULE, DECLARANT UNAVAILABLE OK |
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Term
| OBJECTION - COMPETENCY OF WITNESS |
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Definition
| QUESTION THAT CALLS FOR KNOWLEDGE OUTSIDE OF KNOWLEDGE OF WITNESS |
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Term
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Definition
| QUALIFIED BY EDUCATION, TRAINING, EXPERIENCE, PARTIES MUST HAVE; JUDGE DOES NOT IDENTIFY EXPERT; MERELY ALLOWS TESTIMONY IF QUALIFIED; DIFFERENT FROM COURT APPOINTED EXPERT; OPPORTUNITY TO DEPOSE, MUST TESTIFY TO ENLIGHTEN JURORS OUTSIDE SCOPE OF COMMON KNOWLEDGE; SUBJECT TO FRYE TEST OF SCIENTIFIC ACCURACY GENERALLY RECOGNIZED IN SCIENTIFIC FIELD |
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Term
| JUDGE COMMENT ON EVIDENCE |
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Definition
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Term
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Definition
| NOT ALLOWED FOR OWN WITNESS, EXCEPT WHEN ESTABLISHED AS HOSTILE OR CHILD |
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Term
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Definition
| NOT ALLOWED BECAUSE CAUSE CONFUSION. |
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