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Articles 5131 - 5160 of 6130
Full-Text Articles in Law
Foreword, Harry M. Cross
Foreword, Harry M. Cross
Washington Law Review
The enactment of Initiative 2081 in the 1960 election authorizes creation of joint tenancies in real and personal property in Washington generally. Many of the potential problems which may confront Washington lawyers because of the general availability of the joint tenancy device are discussed in this symposium. An orderly presentation of the arguments and identification of the particulars to be resolved will be fostered by the effort of the Review editors in assembling the material in this issue. I am sure that members of the Washington bar will agree that we owe a substantial debt to the authors. The discussions …
Joint Tenancy And Estate Planning, Charles B. Stacey
Joint Tenancy And Estate Planning, Charles B. Stacey
Washington Law Review
In many states both lawyers and laymen advise taking of title to property in joint tenancy without sufficient knowledge of the legal incidents of this ancient common law estate. Due to the increasing use of this form of ownership, lawyers must learn both the advantages and disadvantages of joint tenancies. Since joint tenancy involves the element of "survivorship," the taking of title to property in this form is usually a conscious act of estate planning. To the knowledgeable estate planner, however, joint tenancies are more often bothersome than useful. The planner is often faced with the problem of eliminating or …
Joint Tenancy—Creditor-Debtor Relations, Kenneth S. Treadwell, Jerome Shulkin
Joint Tenancy—Creditor-Debtor Relations, Kenneth S. Treadwell, Jerome Shulkin
Washington Law Review
By Initiative No. 208, adopted and now codified as RCW 64.28, the former prohibition against joint tenancy with the right of survivorship has been repealed and substituted with ".... a form of co-ownership of property, real and personal, known as joint tenancy."' The proviso that the transfer shall not derogate from the rights of creditors raises serious questions of meaning and interpretation. If the proviso means that the rights of creditors will not be changed by joint tenancy ownership, then this article will serve little purpose. If the proviso is to be applied only to the creditors existing at the …
Joint Tenancy In Real Property—The Title Insurer's Viewpoint, H. E. Tully
Joint Tenancy In Real Property—The Title Insurer's Viewpoint, H. E. Tully
Washington Law Review
Initiative Measure No. 2081 is necessarily brief and does little more than authorize in Washington "a form of co-ownership of property, real and personal, known as joint tenancy." In view of the prior history of joint tenancy with right of survivorship in Washington, so far as real property is concerned, practically the entire existing local law on the subject is provided by the initiative measure. This engrafts a new system of real property ownership onto the existing body of Washington real property law which has been in the process of development for over a century. This article must therefore deal …
Joint Tenancy And Community Property, Yale B. Griffith
Joint Tenancy And Community Property, Yale B. Griffith
Washington Law Review
The public demand in Washington which led to the adoption of the joint tenancy initiative is not surprising in view of the widespread use of this form of title in other states. However, Washington is still a community property state and the people's desire for joint tenancy with its popular survivorship feature does not necessarily indicate their intention to change the community property system. Laymen will commonly use community funds to buy property and will now take title in joint tenancy, fully hoping to have some of the advantages of each. This practice has led to a deluge of litigation …
The Inter Vivos Rights Of Cotenants Inter Se, Dale E. Kremer
The Inter Vivos Rights Of Cotenants Inter Se, Dale E. Kremer
Washington Law Review
The inter vivos rights and remedies among joint tenants with respect to their common property are in general the same as those of other co-owners of property. Differences become most apparent upon the death of one tenant. During the period when all of the joint tenants are alive, they are included in the general group, "cotenants," the term for co-owners of property, and their rights and remedies for the most part fall within the rules governing co-tenants. Some exceptions will be considered here. One difference between the rules governing joint tenants and those governing other co-owners is that while service …
Effect Of Joint Accounts With Right Of Survivorship In Washington, Virginia B. Lyness
Effect Of Joint Accounts With Right Of Survivorship In Washington, Virginia B. Lyness
Washington Law Review
The recent passage in Washington of Initiative No. 208 providing for creation of joint tenancies in real and personal property provides the occasion for a reconsideration of the current status of the statutory and case law in Washington relating to the effect given to "joint tenancy" accounts with right of survivorship. Such an account typically takes the form of a deposit opened in the name of the depositor and another, payable to either or to the survivor. Does such an account, by virtue of present statutes, in fact create a joint tenancy with all its incidents as known to the …
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code (Part V), Richard Cosway
Washington Law Review
The final part of this five-part article, resuming with section 2-701, Remedies for Breach of Collateral Contracts Not Impaired.
Revenue Procedure 60-18—New Techniques For The Early Consideration And Disposition Of Tax Court Cases, Melvin L. Sears
Revenue Procedure 60-18—New Techniques For The Early Consideration And Disposition Of Tax Court Cases, Melvin L. Sears
Washington Law Review
With the promulgation of Revenue Procedure 60-18 (published in IRB No. 1960-37, p. 61), the Internal Revenue Service has again instituted a procedure for the benefit of the taxpayers, the tax Bar, the Tax Court and the Service. The effective operation of this new procedure undoubtedly will prove to be of substantial benefit to all parties concerned by securing a fair and expeditious disposition, either by settlement or trial, of tax controversies before the Tax Court.
Instructing A Jury In Washington, Lloyd L. Wiehl
Instructing A Jury In Washington, Lloyd L. Wiehl
Washington Law Review
One of the most burdensome, time-consuming and vexing aspects of a jury trial is the preparation of jury instructions. Several matters in the area of instructions are particularly troublesome in Washington, and the purpose of this article is to analyze some of them, point out certain pitfalls, and make certain suggestions, with emphasis on simplification and standardization.
The End Of An Experiment In Federalism—A Note On Mapp V. Ohio, Arval Morris
The End Of An Experiment In Federalism—A Note On Mapp V. Ohio, Arval Morris
Washington Law Review
When one views the full panoply of constitutional rights from the perspective of total United States Supreme Court history, he soon becomes aware that relatively few cases have directed that Court's attention to the constitutional immunity from unreasonable searches and seizures. However, the right expressed by the fourth amendment is obviously one of the most fundamental' for it gives legal protection to the "right of a man to privacy in his home, a right which is one of the indispensable ultimate essentials of our concept of civilization." Since this right is "basic to a free society"' and "implicit in the …
Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer
Debtors' Exemption Statutes—Revision Ideas, Marjorie Dick Rombauer
Washington Law Review
This article delineates the purposes which exemption laws should serve and surveys ways in which a comprehensive revision of the Washington statutes can more equitably (both as to debtors and creditors) effectuate these purposes. The discussion is far from exhaustive of the many provisions which might be considered in a revision of the debtor exemption area. It is intended only as a starting point for the thinking of attorneys.
The Washington Law Of Arrest Without Warrant—Incidental Search, Robert D. Duggan
The Washington Law Of Arrest Without Warrant—Incidental Search, Robert D. Duggan
Washington Law Review
The scope of this comment is limited to considerations of the substantive law of arrest without a warrant and the permissible scope of searches and seizures incidental thereto. The discussion of substantive requirements for arrest without warrant and its incidental search will be confined to present Washington case law as measured against the federal constitutional and common law backgrounds.
Washington Justice Court System—Constitutionality Of The Fee System Of Compensating Justices Of The Peace, Forest W. Walls
Washington Justice Court System—Constitutionality Of The Fee System Of Compensating Justices Of The Peace, Forest W. Walls
Washington Law Review
In the case of In re Borchert the Washington Supreme Court decided that a person tried before an unsalaried justice of the peace on a criminal charge was not deprived of due process of law because the justice was compensated on a fee basis.
Washington Consumer Protection Act—Enforcement Provisions And Policies, John J. O'Connell
Washington Consumer Protection Act—Enforcement Provisions And Policies, John J. O'Connell
Washington Law Review
With the enactment of the Washington Consumer Protection Act, the Washington attorney will be meeting for the first time a comprehensive "antitrust" act designed to operate on the local or "intra-state" level. Because this act is, for the most part, unprecedented in this state, and because it involves, in addition to most of the complexities of federal antitrust law, a few novel features of its own, some sort of introduction to its provisions might be helpful to members of the Washington bar. There appears elsewhere in this issue an examination of the substantive provisions of this new law; my observations …
Washington Legislation—1961; Antitrust: The Washington Antitrust Laws, Julian C. Dewell, Wayne Gittinger
Washington Legislation—1961; Antitrust: The Washington Antitrust Laws, Julian C. Dewell, Wayne Gittinger
Washington Law Review
The following articles, the work of the faculty of the School of Law, the Attorney General, two members of the Washington Bar and a student, constitute the first academic comment on the laws of 1961. For obvious reasons, these articles are not represented to the reader as a complete survey of the legislative session. Rather, they are a compilation of comments on acts which the writers have found to be important, timely, or merely interesting. The Antitrust section considers the Consumer Protection Act of 1961 and its impact on Washington antitrust law.
Commercial Law, Robert L. Taylor
Commercial Law, Robert L. Taylor
Washington Law Review
Covers recent laws on mutual savings banks.
Corporations, J. Gordon Gose
Corporations, J. Gordon Gose
Washington Law Review
Covers recent laws on fiduciary security transfers and oln shareholders' consent in lieu of meeting.
Insurance, Robert L. Taylor
Insurance, Robert L. Taylor
Washington Law Review
Covers recent laws on credit life, accident, and health insurance and on life insurance.
Judicial Administration, George Neff Stevens
Judicial Administration, George Neff Stevens
Washington Law Review
Covers recent amendments.
Security Transactions, W. L. Shattuck
Security Transactions, W. L. Shattuck
Washington Law Review
Covers recent laws on conditional sales of personal property—filing; on crops—lien for supplier of fertilizer, pesticide, weed killer; and on real property mortgage foreclosure—redemption.
Torts: Abolition Of Sovereign Immunity In Washington, John W. Richards
Torts: Abolition Of Sovereign Immunity In Washington, John W. Richards
Washington Law Review
The legislature has apparently abolished the operation of the ancient doctrine of sovereign immunity in Washington with a recently enacted statute. This abolition may be partial, however, and its full effect cannot be predicted with certainty. Much of this uncertainty is caused by the history of sovereign immunity, both in the State of Washington and elsewhere.
Workmen's Compensation, Richard Cosway
Workmen's Compensation, Richard Cosway
Washington Law Review
Covers recent amendments to the Industrial Insurance Act.
Recovery By Federal Prisoners Under The Federal Tort Claims Act, Frank J. Woody
Recovery By Federal Prisoners Under The Federal Tort Claims Act, Frank J. Woody
Washington Law Review
May a federal prisoner, who has been injured due to the negligence of a federal employee while incarcerated in a federal prison, recover from the United States under the Federal Torts Claims Act?'
Creditor's Rights, Robert Debruyn, Paul A. Webber
Creditor's Rights, Robert Debruyn, Paul A. Webber
Washington Law Review
Covers cases on motor vehicle chattel mortgages—dual aspects of notice by registration and filing (DeBruyn) and on litigation of a tort claim in a garnishment proceeding—levy of execution upon a tort claim (Webber)
Torts, Dale Kremer, Walter C. Howe Jr., Edward B. Mackie, Virginia Lyness, Gordon G. Conger
Torts, Dale Kremer, Walter C. Howe Jr., Edward B. Mackie, Virginia Lyness, Gordon G. Conger
Washington Law Review
Covers cases on warrantless arrest (Kremer); on contributory negligence—absolute right to stop at a yellow light (Howe); on warning lights on the highway—absolute duty versus reasonable measures (Mackie); on automobiles—dangerous instrumentality doctrine—negligence (Lyness); on the tort liability of a building contractor to third persons injured after completion of work (Conger); and on silence as fraudulent concealment—vendor and purchaser—duty to disclose (Lyness)
Washington Case Law—1960; Attorney-Client, Leon Misterek
Washington Case Law—1960; Attorney-Client, Leon Misterek
Washington Law Review
Presented below is the eighth annual Survey of Washington Case Law. The articles in this survey issue have been written by second-year students as a part of their program to attain status as nominees to the Law Review. The second-year students were guided in their work by the Casenote Survey Editor of the Law Review and by various members of the law school faculty. The case survey issue does not represent an attempt to discuss every Washington case decided in 1960. Rather, its purpose is to point out those cases which, in the opinion of the Editorial Board, constitute substantial …
Constitutional Law, Walter C. Howe Jr.
Constitutional Law, Walter C. Howe Jr.
Washington Law Review
Covers cases on the right to counsel.
Criminal Law, Lloyd W. Peterson
Criminal Law, Lloyd W. Peterson
Washington Law Review
Covers observations on State v. Beck on "the joint problems of delineating the function of the grand jury and the protections required to be afforded those who appear in a grand jury proceeding" and related cases.
Domestic Relations, Dale Kremer
Domestic Relations, Dale Kremer
Washington Law Review
Covers cases on the modification of child custody awards—jurisdictional requirements.