Civil Procedure

Compensatory damages

Monetary damages that compensate the plaintiff or make plaintiff whole - may be general or specific

Punitive damages

Damages meant to punish a wrongdoer for their conduct

In most states, punitive damages can only be recovered if the defendant’s actions were:

willful, reckless, or malicious

Burden of proof

A party’s job of convincing the decision-maker in a trial that the party’s version of facts is true

In what Court of Appeals circuit is Washington included?

9th Circuit

What types of appealed cases can State Superior Courts hear?

Appealed cases from courts of limited jurisdiction (municipal/district)

Judges in Washington are chosen by…

Election

WA Court of Appeals must hear all [____] [______] appeals

Correctly filed

Reverse a decision (appellate)

Overrule the lower court’s original decision

Remand a decision (appellate)

Send the matter back to the lower court for further proceedings

Modify a decision (appellate)

Make changes to parts of the lower court’s decision and let other parts stand

Affirm a decision (appellate)

Agree with the lower court’s decision

“Causation is a two-stage inquiry” these two stages are…

Actual and proximate

Actual causation

“But for” the acts of the defendant, would the harm to the plaintiff have occurred?