October 19th Notes

Legal Research & Writing
October 19th

Due Process:  Mullane v. Central Hanover Bank
-Part of the Project 1 Assignment

Where were the trustors?   Various states
Published in the NY newspaper

Service of Process
-parties of interest in a case can not serve
-no intentions, a neutral party is best
-can use a personal service, certified mail, serve by publication
----personal service is the prefered
----certified mail and publication
-------need judge's permission to use these forms and explanation of why

"An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." 
         ~Mullane v. Central Hanover Bank

"But when notice is a person's due, process which is a mere gesture is not due process.  The means employed must be such as one desirous of actually informing the absentee reasonably adopt to accomplish it."
        ~Mullane v. Central Hanover Bank

Project 1
-She only wanted the 3 Elements relevant to the case

1. At the house of the defendant's usual abode
    -Need to define abode
2. With person of suitable age and discretion
3. Then resident therein

Which elements are satisfied? 
1. Yes.  It was delivered to her apartment
2. Uncertain.  What does this mean?
3. Yes.  Facts make us believe the daughter was a resident.

WPIC
Washington Pattern Instructions Criminal WPIC
Washington Pattern Instructions Civil

-When you are unsure on the definition of a statute, look at the jury instruction in WPIC
These will have the major statutes.

-Code Reviser: Where does this new law belong?  There job is to put it in the right category.  Finds all the definitions for a term.  They are at the beginning on the statute.  The .010 part of the statute. These will show you what words are defined by the legislature. 

Primary Authority
Case Law
-Mieback v. Colasurdo
-Larson v. Zabroski

-The year is important because it puts the decision in context of the period.

3 Reasons to Use a Case
1. For the rules it presents
2. As an analogy
3. it does both 1. and 2.

Looking at the Miebach Case
-Any rules that help you dispute the element?
-Describe the person who accepted the service
--Sumatra Philips: a 15 year old, foster child, rebellious, does poor in school, familiar with court system, leader of peer group
--Court thought she was acceptable
-Was is proper?
-Legally analogy: the facts in both cases are nearly identical meaning that the outcomes should be the same
---make a list of the facts from one case and then the other
---compare the list to make your assessment

Do not just list the facts on each.  You need to compare them in a paragraph.
Use words of comparison: like, similar to, as in, just like

*There is a lot of extra training on Westlaw.  Feel free to look.*

HOMEWORK
Read through the Appellate Court version of the Miebach case and determine who had the Burden of Proof in the Richmond case.
(The appellate case is here: 35. Wn App. 812page in Pacific Reporter)
-Clearly identifies a rule about the burden of proof


-The case appears in both:
Supreme Court
Washington Reports
1. Bluebook
---Wash.  (first series)    
---Wash.2d
2.Washington Style Sheet
---Wash.   (first series)
---Wn.2d

Appellate Court
Washington Appellate Reports
1. Bluebook
---Wash. App.
2.Washington Style Sheet
---Wn. App.

Case Citation:
Requires
1. Name of Case
2. Where case can be found (what reporters)
3. Court deciding case
4. Year of decision


Kramer v. Kramer,

In re Wilson,
(in the matter of Wilson)

-need to underline but not the commas or use italics
-commas follow case name
-drop jr, sr, roman numerals
-if the abbreviate has an apostrophe it doesn't have a period at the end
-Abbreviate all words in table T.6
-Only use the first party names on the left of the v. and the first party names on the right
-Use only the first v.
-United States does not get abbreviated take away "of America"
-et al. is dropped
-Famous corporation you can drop Corp.
-Minors are only first and last initials
-if state is out of jurisdiction, abbreviate
-use ampersand sign


WA State Court
-use blue book rules with WA style sheet overlay
---except what's on the sheet

Federal Court
-use blue book with Circuit in which you are writing exceptions

Other State Court
-Find their rules