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Washington Law Review

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Full-Text Articles in Law

Criminal Law—Double Jeopardy, David W. Sandell Jul 1963

Criminal Law—Double Jeopardy, David W. Sandell

Washington Law Review

In State v. Connors, the Washington State Supreme Court held that a defendant had been placed in jeopardy when, sua sponte, a trial court erroneously declared a mistrial over his objection. A later retrial of the defendant therefore constituted double jeopardy.


Contracts—Promissory Estoppel—Forbearance, Kenneth O. Jarvi Jul 1963

Contracts—Promissory Estoppel—Forbearance, Kenneth O. Jarvi

Washington Law Review

The Washington court in Weitman v. Grange Ins. Ass'n., enforced a gratuitious promise by a promisor-insurer that it would notify the promisee-insured of any lapse or termination in his insurance coverage.


Criminal Law—Proximate Cause In Negligent Homicide, Gust S. Doces Jul 1963

Criminal Law—Proximate Cause In Negligent Homicide, Gust S. Doces

Washington Law Review

Defendant was charged with negligent homicide under RCW 46.56.0401 for causing the death of a pedestrian through the operation of a motor vehicle. The trial jury found the defendant guilty, but the trial judge entered an order arresting judgment and, in the alternative, granting a new trial. From this order the state appealed. In his trial memorandum, the judge ruled as a matter of law that the evidence was insufficient to show any causal relation between the defendant's state of intoxication and the resulting death to a pedestrian. The Washington Supreme Court in a 5-3 decision reversed and remanded with …


Criminal Law—Insanity Defense To First Degree Murder Charge—M'Naghten Reaffirmed, John H. Binns, Jr. Jul 1963

Criminal Law—Insanity Defense To First Degree Murder Charge—M'Naghten Reaffirmed, John H. Binns, Jr.

Washington Law Review

Don Anthony White, a Negro in his mid-twenties, was convicted of first degree murder by a King County jury. In State v. White, the Washington Supreme Court (three judges dissenting) affirmed the conviction and sentence which directed that the death penalty be imposed.


Damages—Attorney's Fees, Robert L. Beale Jul 1963

Damages—Attorney's Fees, Robert L. Beale

Washington Law Review

In Wells v. Aetna Insurance Co. the Washington court indicated an increasing friendliness toward the allowance of attorney's fees as damages. The plaintiff, Wells, had purchased a car from a used car dealer. The dealer had earlier made what the court called a "fictitious" sale to someone else, and had then assigned the conditional sales contract to a financing company, Hayden Mills & Associates, Inc. Apparently there was a record of this sale at the state license department, but no valid release was on file there. So when Wells applied for a new registration and a new title certificate, these …


Practice And Procedure—Impeachment Of Verdicts By Jurors' Affidavits, Richard E. Keefe Jul 1963

Practice And Procedure—Impeachment Of Verdicts By Jurors' Affidavits, Richard E. Keefe

Washington Law Review

Gardner v. Malone, presents this problem: In what circumstances and by what evidence may a jury verdict be impeached for alleged misconduct in the jury-room? As an original proposition it would seem that, consonant with our notions of a fair trial, an improperly reached verdict should be subject to timely impeachment in every case. And further, there is no more logical means of proving such misconduct than by the testimony or affidavits of the jurors themselves. This, however, is not the law. Most American jurisdictions will not admit the testimony or affidavits of jurors to impeach their verdicts under any …


Evidence—Dead Man's Statute—Gift Causa Mortis, Kenneth L. Schubert, Jr. Jul 1963

Evidence—Dead Man's Statute—Gift Causa Mortis, Kenneth L. Schubert, Jr.

Washington Law Review

By reducing the burden of proving a gift causa mortis where the state is the only contestant, In re McDonald's Estate has evidently attached an exception to the Washington "dead man's" statute. While eliminating the common law prohibition against testimony by an "interested person," this statute does prohibit such persons from testifying concerning "transactions" with a decedent. It also prohibits testimony about "statements" made by a decedent.


Criminal Law—Search Incident To An Arrest, Hayes Elder Jul 1963

Criminal Law—Search Incident To An Arrest, Hayes Elder

Washington Law Review

In a recent case, State v. Michaels, the Washington Supreme Court announced a new rule for search and seizure incident to an arrest: the purpose of the arrest circumscribes the area and nature of the search.


Torts—Assumption Of Risk, Virginia A. Oldow Jul 1963

Torts—Assumption Of Risk, Virginia A. Oldow

Washington Law Review

In Siragusa v. Swedish Hospital the Washington Supreme Court abolished the assumption of risk defense in suits brought by employees against their employers. Overruling prior decisions that were inconsistent, the court held that an employer has a duty to exercise reasonable care to provide his employees with a reasonably safe place to work, and may not assert as a defense to an action based on his breach of that duty, that the injured employee was aware or should have known of the negligently maintained condition. The court adopted the position of the Missouri and North Carolina courts that the employee …


Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces Jul 1963

Torts—Recovery For Intentional Infliction Of Emotional Injury, Gust S. Doces

Washington Law Review

Until recently, a plaintiff who had suffered emotional injury normally had to show an accompanying physical harm in order to maintain a successful action for damages. His ability to recover for severe emotional distress unaccompanied by physical injury is being recognized by an increasing number of jurisdictions. The current situation is marked by the unsettled nature of the law. Reluctance to grant relief for such an injury has been based upon a desire to avoid not only fictitious claims, but also the litigation of trivialities and bad manners. However, even before this change in attitude by the courts, if some …


Torts—Intersection Collisions—Deception, Robert L. Beale Jul 1963

Torts—Intersection Collisions—Deception, Robert L. Beale

Washington Law Review

The invitation to litigation issued by the Washington court when it decided Martin v. Hadenfeldtin 1930 was again accepted by counsel in Chavers v. Olad.


Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi Jul 1963

Torts—Interspousal Immunity—The Effects Of Community Property And Fraud, Kenneth O. Jarvi

Washington Law Review

The Washington position on interspousal tort immunity should be reconsidered in view of two recent California decisions, Self v. Self,, and Klein v. Klein.


Torts—Monopoly—Medical Services, Ralph L. Hawkins Jul 1963

Torts—Monopoly—Medical Services, Ralph L. Hawkins

Washington Law Review

Washington has been recognized as one of the leading state jurisdictions in which a private organization or party may acquire relief from monopolistic practices of voluntary medical associations. A recent case seems to broaden the available grounds upon which such associations may be subjected to liability. The case also appears to provide some guides for the interpretation of the recently enacted Consumer Protection Act.


Torts—Nuisance Per Se, L. William Houger Jul 1963

Torts—Nuisance Per Se, L. William Houger

Washington Law Review

Macy v. Chelan perpetuated the confusion which has long existed about the concept of nuisance per se.


Torts—Prenatal Injury, Beverly Rosenow Jul 1963

Torts—Prenatal Injury, Beverly Rosenow

Washington Law Review

Seattle-First National Bank v. Rankin is the first Washington case allowing recovery for injuries suffered before birth because of negligence. By recognizing a cause of action for prenatal injuries, this jurisdiction joins the trend of recent decisions in the area.


Unemployment Compensation—Part Time Farming—Partial Unemployment, Hayes Elder Jul 1963

Unemployment Compensation—Part Time Farming—Partial Unemployment, Hayes Elder

Washington Law Review

"We... hold that a person is not automatically ineligible for unemployment compensation simply because he engages in some remunerative activity of a personal or self-directed nature. Respondent... was unemployed within the meaning of RCW 50.04.310."' In these words the Washington Supreme Court permitted the recovery of unemployment compensation, under our statute, by a claimant who, though temporarily unemployed, assisted in the operation of his dairy farm.


Wills—Testamentary Capacity—Insane Delusions, John S. Calvert Jul 1963

Wills—Testamentary Capacity—Insane Delusions, John S. Calvert

Washington Law Review

In re Meagher's Estate apparently establishes a new rule requiring that the contestant of a will on the ground of insane delusions must show that the delusion, exclusive of any rational motive, was the controlling cause in the disposition of the property.


Torts—Unavoidable Accident Instruction, L. William Houger Jul 1963

Torts—Unavoidable Accident Instruction, L. William Houger

Washington Law Review

Cooper v. Pay-N-Save Drugs, Inc., and Schultz v. Cheney School Dist. concerned the use of the unavoidable accident instruction by trial courts. The court held that the giving of the instruction was error in the Cooper case but not error in the Schultz case.


Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr. Jul 1963

Conflict Of Laws—Statute Of Limitations; Criminal Law—Insanity—M'Naghten Rule Applied; Criminal Law—Presence Of Defendant At Trial; Civil Procedure—Motion For Involuntary Dismissal—Rule 41(B); Torts—Municipal Liability For Operation Of Fire Department;, Michael D. Garvey, Wayne Booth, Jr.

Washington Law Review

No abstract provided.


Torts—Gross Negligence Under The Guest Statute, Dwayne Copple Jul 1963

Torts—Gross Negligence Under The Guest Statute, Dwayne Copple

Washington Law Review

The first definitive interpretation of "gross negligence" within the meaning of the 1957 amendment to the Host-Guest Statute has been given by the Washington court in the case of Crowley v. Barto.


Administrative Law—New Judicial Remedy Under Apa, Jon A. Lundin Jul 1963

Administrative Law—New Judicial Remedy Under Apa, Jon A. Lundin

Washington Law Review

In Deering Milliken, Inc. v. Johnston, the Court of Appeals for the Fourth Circuit held that a district court had jurisdiction to enjoin a regional director of the National Labor Relations Board from proceeding with certain further hearings that the Board had ordered. The court of appeals decided that the plaintiff was not precluded from turning to the district court for protection of its rights, because there were no administrative remedies available.


Administrative Law—Notice Of Unpublished Rules, Ralph Hawkins Jul 1963

Administrative Law—Notice Of Unpublished Rules, Ralph Hawkins

Washington Law Review

In the recent case of United States v. Aarons, the failure of the Coast Guard to publish one of its substantive rules in the Federal Register was held not to bar conviction for violation of the rule where the defendants had actual knowledge of the contents of the rule violated. In so holding the Court of Appeals for the Second Circuit refused to follow the Ninth Circuit decision to the contrary in Hotch v. United States.


Constitutional Law—Federal Recess Appointments, Theordore Roodner Jul 1963

Constitutional Law—Federal Recess Appointments, Theordore Roodner

Washington Law Review

Allocco, who had been convicted of a narcotics violation by a jury, petitioned a United States District Court to grant his motion for release under 28 U.S.C. § 2255, alleging that his conviction should be set aside because the judge who sat at his trial was not properly appointed to his office so as to be able to exercise the judicial power conferred by U.S. Const. art. III. The district court denied his motion and the court of appeals affirmed. This was the first federal decision in recent times to deal directly with the recess appointment power and the first …


Creditor's Rights—Bankruptcy—Section 70(C)—Actual Creditor Required, John S. Calvert Jul 1963

Creditor's Rights—Bankruptcy—Section 70(C)—Actual Creditor Required, John S. Calvert

Washington Law Review

In Pacific Finance Corp. v. Edwards the United States Court of Appeals for the Ninth Circuit interpreted § 70(c) of the Bankruptcy Act to mean that the trustee acquires the status of a hypothetical lien creditor only if there is an actual creditor who could have acquired a lien on the date of the petition in bankruptcy.


Community Property—Savings Bonds—Community Property—Supremacy Clause, Richard E. Keefe Jul 1963

Community Property—Savings Bonds—Community Property—Supremacy Clause, Richard E. Keefe

Washington Law Review

This note concerns the conflict between federal and state law in a difficult though narrow area which is representative of broader problems in contemporary federalism. Specifically, the subject is the clash between the survivorship provisions of United States savings bonds and state community property laws, as evinced in two recent cases, Free v. Bland and Yiatchos v. Yiatchos. These cases will be examined while seeking an answer to two questions: "How were the cases actually decided?" and "How should they have been decided?"'


Conflict Of Laws—Policy Of The Forum As Basis Of Conflicts Rules, David W. Sandell Jul 1963

Conflict Of Laws—Policy Of The Forum As Basis Of Conflicts Rules, David W. Sandell

Washington Law Review

In Richards v.United States, the United States Supreme Court faced a conflict of laws problem arising under the Federal Tort Claims Act.


The Roles Of Lawyers In U.S.-Japanese Business Transactions, Dan Fenno Henderson Apr 1963

The Roles Of Lawyers In U.S.-Japanese Business Transactions, Dan Fenno Henderson

Washington Law Review

This article deals with the organization, qualifications and roles of lawyers in U.S.-Japanese transactions, with emphasis on the liaison lawyer. It is not easy for the liaison lawyer to define his specialty because it is determined by the transactions, and they sprawl across the borders of two or more countries and cut across multiple fields of substantive law. Some awkward professional problems and postures can result. First, there are unusual threshold problems of language and multiple bar membership, different professional ethics and scopes of practice, and conflicting governing laws. Then once in the practice, the liaison lawyer's inventory of useful …


Joint Ventures In Japan, Carl J. Bradshaw Apr 1963

Joint Ventures In Japan, Carl J. Bradshaw

Washington Law Review

In most aspects of establishment and operation, joint venture corporations do not differ from any other corporate enterprise. A joint venture operating in a foreign country encounters daily problems of negotiable instruments law, property law and insurance law, to name but a few, in the same way that every corporation in that country does. Thus, it may seem presumptuous to write about joint ventures in a particular country unless one is willing and able to produce a comprehensive survey of that country's legal system. There are several areas of the foreign law, however, which are primary, in terms both of …


The New Japanese Approach To The Taxation Of Foreign Individuals And Enterprise, Griffith Way Apr 1963

The New Japanese Approach To The Taxation Of Foreign Individuals And Enterprise, Griffith Way

Washington Law Review

It is only partly true that the lack of materials on Japanese taxation which are available to the foreign lawyer in English is the result of difficulties of language or a lack of familiarity with the legal and tax systems. Rather more it seems to reflect the Japanese bar's own lack of interest in the subject, a large part of which is occasioned by the lack of tax litigation. The tax field has been long and well occupied by the government tax economist on the one hand and the ordinary accountant on the other; the lawyer's role has been peripheral. …


North Pacific Fisheries Treaties And International Law Of The Seas, Beverly J. Rosenow Apr 1963

North Pacific Fisheries Treaties And International Law Of The Seas, Beverly J. Rosenow

Washington Law Review

Fisheries problems in the North Pacific are not new. In the past century, disputes between nations have developed over whaling, fur sealing, halibut and salmon fishing. Currently, crises are again in the making concerning the utilization of certain fishery stocks of this area. The purpose of this comment is to provide a framework of international law of the sea concepts within which the current problems can be examined.