Presumption of Acquiescence

Presumption of Acquiescence


Under Washington State canons of statutory construction, what is the canon regarding presumption of acquiescence? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)


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PRESUMPTION OF ACQUIESCENCE

Under the Presumption-of-Acquiescence canon, “Legislative silence regarding the construed portion of the statute in a subsequent amendment creates a presumption of acquiescence in that construction.” Dailey v. North Coast Life Insurance Company, 129 Wn.2d 572, 581 (Wash. 1996) (Talmadge, J., concurring) (concluding that the Washington State Legislature “clearly understood it was adopting exemplary damages as part of Washington’s antidiscrimination law when it amended RCW 49.60.030(2) in 1993 and 1995.” (citing Baker v. Leonard, 120 Wash.2d 538, 545, 843 P.2d 1050 (1993). State v. Ritchie, 126 Wash.2d 388, 393, 894 P.2d 1308 (1995). See also State v. Young, 125 Wash.2d 688, 696, 888 P.2d 142 (1995); In re King County Foreclosure of Liens, 117 Wash.2d 77, 86, 811 P.2d 945 (1991) (“the Legislature is presumed to know existing case law in areas in which it is legislating”))). Id.

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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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The Tort of Battery

The Tort of Battery


Under Washington State laws, what is the tort of battery? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.


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THE TORT OF BATTERY (WA STATE)

A tort is “[a] civil wrong, other than breach of contract, for which a remedy may be obtained, usu. in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another.” Black’s Law Dictionary 1526 (8th ed. 2004). The tort of “‘battery’ is an intentional and unpermitted contact with the plaintiff’s person.” Kumar v. Gate Gourmet, Inc., 180 Wn.2d 481, 504, 325 P.3d 193 (Wash. 2014).

THE ELEMENTS

“A defendant is liable for battery if[:]

(a) he [or she] acts intending to cause a harmful or offensive contact with the [plaintiff or a third party], or an imminent apprehension of such contact, and

(b) a harmful or offensive contact with the [plaintiff] directly or indirectly results.

Id. (citing Restatement (Second) of Torts § 13 (1965)) (second-fourth alterations in original) (internal quotation marks omitted) (emphasis added).

Thus, “[a] person … commits a battery where he or she performs [a]n act which, directly or indirectly, is the legal cause of a harmful contact with another’s person and that act is intentional, is not consented to, and is otherwise unprivileged.” Id. at 504 (second alteration in original) (internal citations an quotation marks omitted).

Battery cases often involve one or more of the following Issues: (1) offensive bodily contact, (2) intent, (3) force, and (4) fraud/duress.

(1) OFFENSIVE BODILY CONTACT

In Washington, “[a] bodily contact is offensive if it offends a reasonable sense of personal dignity.” Id. (citing Restatement (Second) of Torts § 19). “Thus, an offensive contact does not have to result in physical injury to constitute a battery.” Id. (referencing Seigel v. Long, 169 Ala. 79, 53 So. 753 (1910) (“facts established claim for battery where defendant pushed plaintiff’s hat back in order to see his face”); Crawford v. Bergen, 91 Iowa 675, 60 N.W. 205 (1894) (“facts established claim for battery where defendant placed his hand on the plaintiff’s shoulder and asked him an insulting question”)).

Nature of the Contact: “[T]he ‘contact’ element of a battery is simply a harmful or an offensive contact with the plaintiff; thus, a battery can occur where, for example, the plaintiff comes in harmful contact with the ground but never touches the defendant.” Id. at 504 (internal citation omitted).

(2) INTENT

“[T]he ‘intent’ element of battery is satisfied where a defendant knows to a ‘substantial certainty’ that his actions will result in the harmful or offensive touching.” Id. at 504-05 (internal citation omitted).

(3) FORCE

“‘[F]orce’ is not an element of battery.” Id. at 504 (internal citation omitted).

(4) FRAUD/DURESS

“A person therefore commits a battery where he or she performs [a]n act which, directly or indirectly, is the legal cause of a harmful contact with another’s person and that act is intentional, is not consented to, and is otherwise unprivileged.” Id. at 504 (alteration in original) (internal citations an quotation marks omitted). “These elements are met where the plaintiff’s consent to the contact is procured by fraud or duress.” Id. at 505 (internal citations omitted).


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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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What are the elements of Negligent Hiring in WA State?

What are the elements of Negligent Hiring in WA State?
FAQ: What are the elements of Negligent Hiring in WA State?

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.


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FAQ: What are the elements of Negligent Hiring in WA State?

answer:

To successfully litigate an employment-based negligence claim, the plaintiff must establish the basic elements of negligence: duty; breach of duty; causation; and damages. In 2018, the Washington State Supreme Court* established the test (“Test”) for negligent hiring of an employee by adopting the following formulation used by the Courts of Appeals:

[T]o hold an employer liable for negligently hiring … an employee who is incompetent or unfit, a plaintiff must show that the employer had knowledge of the employee’s unfitness or failed to exercise reasonable care to discover unfitness before hiring or retaining the employee.

Anderson v. Soap Lake Sch. Dist., 423 P.3d 197, 206 (Wash. 2018) (citing Scott v. Blanchet High Sch., 50 Wash. App. 37, 43, 747 P.2d 1124 (1987) ; see also Carlsen v. Wackenhut Corp., 73 Wash. App. 247, 252, 868 P.2d 882 (1994) (“To prove negligent hiring in Washington, the plaintiff must demonstrate that … the employer knew or, in the exercise of ordinary care, should have known, of its employee’s unfitness at the time of hiring.”)) (internal quotation marks omitted).

RELATED ARTICLES

We invite you to read more of our articles related to this topic:

» Negligent Hiring (WA State)

» Negligent Retention (WA State)

» Negligent Supervision (WA State)


NEED HELP?

If you need legal assistance, consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

What are the elements of Negligent Supervision in WA State?

What are the elements of Negligent Supervision in WA State?
FAQ: What are the elements of Negligent Supervision in WA State?

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.


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FAQ: What are the elements of Negligent Supervision in WA State?

answer:

To establish a prima facie case of negligent supervision, a plaintiff must show:

(1) an employee acted outside the scope of his or her employment;

(2) the employee presented a risk of harm to other employees;

(3) the employer knew, or should have known of the risk in the exercise of reasonable case that the employee posed a risk to others; and

(4) the employer’s failure to supervise was the proximate cause of injuries to other employees.

Briggs v. Nova Services, 135 Wn. App. 955, 966-67, 147 P.3d 616 (2006) (internal citations omitted) (paragraph formatting added).

RELATED ARTICLES

We invite you to read more of our articles related to this topic:

» Negligent Hiring (WA State)

» Negligent Retention (WA State)

» Negligent Supervision (WA State)


NEED HELP?

If you need legal assistance, consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

The Litigation Privilege (WA State)

The Litigation Privilege (WA State)


In Washington State, what is the litigation privilege? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.


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THE LITIGATION PRIVILEGE (WA STATE)

In Washington State, “[t]he ‘litigation privilege’ is a judicially created privilege that protects participants—including attorneys, parties, and witnesses—in a judicial proceeding against civil liability for statements they make in the course of that proceeding.” Young v. Rayan, 27 Wn.App. 2d 500, 533 P.3d 123 (Wash. App. 2023), review denied, 2 Wash.3d 1008 (Wash. 2023) (internal citations omitted).

witness immunity

When applied to witnesses, this privilege is often referred to as “witness immunity.” See id. Under this principle, witnesses in judicial proceedings are generally granted absolute immunity from legal action based on their testimony, provided their statements are related to the litigation at hand. See id. “Statements are absolutely privileged if they are pertinent or material to the redress or relief sought, whether or not the statements are legally sufficient to obtain that relief.” Id. (internal citation and quotation marks omitted).

EXCEPTIONS TO THE PRIVILEGE

However, statements that are unrelated to the litigation do not receive this protection; not every incidental remark made in court will escape liability. See id. But the threshold for determining relevance is not overly stringent: “As the Restatement (Second) of Torts indicates, a statement ‘need not be strictly relevant to any issue’ so long as it bears ‘some reference to the subject matter of the … litigation.'” Id. (citing RESTATEMENT § 586, comment c).

THE GENERAL RULE

Thus, the Litigation Privilege “prohibits liability stemming from statements

(1) made in the course of a judicial proceeding

(2) that are pertinent to the litigation.

Id. “Pertinency is a question of law reviewed de novo.” Id. (internal citation omitted).

THE POLICY

“The purpose of the litigation privilege doctrine is to encourage frank, open, untimorous argument and testimony and to discourage retaliatory, derivative lawsuits.” Id.

ATTORNEYS

“As applied to attorneys, it furthers ‘a public policy of securing to [counsel] as officers of the court the utmost freedom in their efforts to secure justice for their clients.’” Id. (internal quotation marks and citations omitted) (alteration in original).

WITNESS TESTIMONY

“As applied to witness testimony, it preserves ‘the integrity of the judicial process by encouraging full and frank testimony.'” Id. (internal citations omitted). “The rule addresses the concern that a witness may either be reluctant to come forward to testify in the first place or shade their testimony ‘to magnify uncertainties, and thus to deprive the finder of fact of candid, objective, and undistorted evidence.'” Id. (internal citation omitted).


LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

Definition of Tort

Definition of Tort


Under Washington State laws, what is the definition of the term “tort”? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.


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DEFINITION OF THE TERM “TORT”

Black’s Law Dictionary (Deluxe Eighth Edition) defines the term “tort” as follows:

[1.] A civil wrong, other than breach of contract, for which a remedy may be obtained, usu. in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another. [2.] … The branch of law dealing with such wrongs.

Id. at 1526. Thus, a civil wrong other than breach of contract is called a “tort”; correspondingly, a criminal wrong is called a “crime.”

EXAMPLES OF TORTS COMMONLY LITIGATED WITH CLAIMS UNDER EMPLOYMENT DISCRIMINATION LAWS

Examples of torts commonly litigated with claims under employment-discrimination laws include, but are not limited to the following:

1.  Negligent Hiring

2. Negligent Infliction of Emotional Distress*

3. Negligent Misrepresentation

4. Negligent Retention

5. Negligent Supervision

6. The Tort of Battery

7. The Tort of Outrage (Intentional Infliction of Emotional Distress)


need help?

If you need legal help, then consider contacting an experienced employment attorney to discuss your case; our law office litigates claims under the Washington Law Against Discrimination, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

Negligent Hiring (WA State)

Negligent Hiring (WA State)


Under Washington State laws, what is the tort of negligent hiring (a tort is a civil wrong, other than breach of contract, entitling the victim to remedies typically in the form of damages)? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)


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NEGLIGENT HIRING IN WASHINGTON STATE

To successfully litigate an employment-based negligence claim, the plaintiff must establish the basic elements of negligence: duty; breach of duty; causation; and damages. In 2018, the Washington State Supreme Court established the test (“Test”) for negligent hiring of an employee by adopting the following formulation used by the Courts of Appeals:

[T]o hold an employer liable for negligently hiring … an employee who is incompetent or unfit, a plaintiff must show that the employer had knowledge of the employee’s unfitness or failed to exercise reasonable care to discover unfitness before hiring or retaining the employee.

Anderson v. Soap Lake Sch. Dist., 423 P.3d 197, 206 (Wash. 2018) (citing Scott v. Blanchet High Sch., 50 Wash. App. 37, 43, 747 P.2d 1124 (1987) ; see also Carlsen v. Wackenhut Corp., 73 Wash. App. 247, 252, 868 P.2d 882 (1994) (“To prove negligent hiring in Washington, the plaintiff must demonstrate that … the employer knew or, in the exercise of ordinary care, should have known, of its employee’s unfitness at the time of hiring.”)) (internal quotation marks omitted).

RESTATEMENT (SECOND) OF TORTS 

In Anderson v. Soap Lake Sch. Dist., the Washington State Supreme Court determined that the Test “parallels the rule in the Restatement (Second) of Torts § 307 (Am. Law Inst. 1965):

It is negligence to use an instrumentality, whether a human being or a thing, which the actor knows or should know to be so incompetent, inappropriate, or defective, that its use involves an unreasonable risk of harm to others.

Anderson, 423 P.3d at 206.

NEGLIGENT HIRING VS. NEGLIGENT RETENTION

Negligent retention is also a Washington State tort (I will address this legal theory in a separate article). According to the Anderson Court:

The difference between negligent hiring and negligent retention is timing. Negligent hiring occurs at the time of hiring, while negligent retention occurs during the course of employment.

Id. (internal citation omitted) (emphasis added).

CONCLUSION

Under the tort of negligent hiring, a plaintiff may hold an employer liable “for negligently hiring … an employee who is incompetent or unfit if the plaintiff shows that the employer had knowledge of the employee’s unfitness or failed to exercise reasonable care to discover unfitness before hiring or retaining the employee.” Id.

RELATED ARTICLES

We invite you to read more of our articles related to this topic:

» Negligent Retention (WA State)

» Negligent Supervision (WA State)


need help?

If you need legal help, then consider contacting an experienced employment attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

Definition of Because of Sex (Title VII)

Definition of Because of Sex (Title VII)


Under Title VII of the Civil Rights Act of 1964, what is the definition of “because of sex”? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.


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TITLE VII OF THE CIVIL RIGHTS ACT OF 1964

Title VII of the Civil Rights Act of 1964 (hereinafter, “Title VII”) is a vital federal law that protects certain individuals (including employees) against certain types of discrimination and retaliation; it also safeguards certain types of accommodations.

DISCRIMINATION AND PROTECTED CLASSES

Title VII outlaws discrimination against individuals on the basis of race, color, religion, national origin, or sex (including pregnancy and related conditions, sexual orientation, and gender identity). The law “also makes it unlawful to use policies or practices that seem neutral but have the effect of discriminating against people because of their race, color, religion, sex (including pregnancy and related conditions, sexual orientation, and gender identity), or national origin.” U.S. Department of Justice Website, Laws We Enforce* (last visited 1/10/23).

AGE & DISABILITY: Other federal laws protect against age discrimination (i.e., Age Discrimination in Employment Act or “ADEA”) and disability discrimination (i.e., Americans with Disabilities Act or “ADA”). However, this article will address solely Title VII.

RETALIATION

Retaliation against an individual who has reported discrimination, filed a charge of discrimination, or taken part in an employment discrimination investigation or litigation is likewise prohibited by Title VII.

REASONABLE ACCOMMODATIONS

Lastly, applicants’ and employees‘ genuinely held religious practices must be reasonably accommodated by employers under the legislation, unless doing so would put an undue burden on the employer‘s ability to conduct business.

SCOPE OF TITLE VII

Title VII applies to certain employers (both private and public with 15 or more employees), employment agencies, labor organizations, and training programs and makes it “unlawful to discriminate in any aspect of employment, including:

» Hiring and firing;
»Compensation, assignment, or classification of workers;
»Transfer, promotion, layoff, or recall;
»Job advertisements and recruitment;
»Testing;
»Use of employer facilities;
»Training and apprenticeship programs;
»Retirement plans, leave, and benefits; or
»Other terms and conditions of employment.

U.S. Department of Justice Website, Laws We Enforce* (last visited 1/10/23) (emphasis added). Certain Title VII terms are defined by law.

TITLE VII DEFINITION OF “BECAUSE OF SEX”

Title VII defines “because of sex” or “on the basis of sex” as follows:

42 U.S. Code § 2000e – Definitions

(k)The terms “because of sex” or “on the basis of sex” include, but are not limited to, because of or on the basis of pregnancy*, childbirth, or related medical conditions; and women affected by pregnancy*, childbirth, or related medical conditions shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons* not so affected but similar in their ability or inability to work, and nothing in section 2000e–2(h)* of this title shall be interpreted to permit otherwise.

This subsection shall not require an employer to pay for health insurance benefits for abortion, except where the life of the mother would be endangered if the fetus were carried to term, or except where medical complications have arisen from an abortion: Provided, That nothing herein shall preclude an employer from providing abortion benefits or otherwise affect bargaining agreements in regard to abortion.

42 U.S.C. § 2000e(k)* (paragraph formatting and hyperlinks added). Victims of discrimination in violation of Title VII may seek enforcement through the United States Equal Employment Opportunity Commission.

ENFORCEMENT

“The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws[, including Title VII,] that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy and related conditions, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.” US E.E.O.C. Website, Overview* (last visited 1/10/23).

Learn more about filing a charge of discrimination with the EEOC* by visiting their official website*.

READ MORE

We invite you to read more of our related blog articles:

» EEOC: The Notice of Right to Sue

» Fair Employment Practice Agencies

» The Intersection of WSHRC and EEOC*

» Title VII of the Civil Rights Act of 1964

» Unlawful Employment Agency Practices (Title VII)

(*NOTE: The link will take the reader to our Williams Law Group Blog, an external website.)



need help?

If you need legal help, then consider contacting an experienced employment attorney to discuss your case; our law office litigates claims under the Washington Law Against Discrimination, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

The Pari Materia Rule

The Pari Materia Rule


Under Washington State canons of statutory construction, what is the Pari Materia Rule? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.


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CANONS OF CONSTRUCTION

A canon of construction is “[a] rule used in construing legal instruments, esp. contracts and statutes.” Black’s Law Dictionary 219 (8th ed. 2004) (emphasis added).

NOTE: “A frequent criticism of the canons [of construction], made forcefully by Professor Llewellyn many years ago, is that for every canon one might bring to bear on a point there is an equal and opposite canon. This is an exaggeration; but what is true is that there is a canon to support every possible result.” Id. (citing Richard A. Posner, The Federal Courts: Crisis and Reform 276 (1985)) (internal quotation marks omitted).

THE PARI MATERIA RULE: INTERPRETING CONFLICTING STATUTORY PROVISIONS

Legal statutes can sometimes be difficult to interpret, particularly when different sections of a law appear to contradict one another. In such cases, courts rely on certain principles of interpretation to clarify the law’s intent. One such principle is known as pari materia, a rule of construction used when two provisions within the same statute or related statutes seem to conflict. The rule states as follows:

Reading the statutes in parimateria the rule of construction applies, that as between two conflicting parts of a statute, that part latest in order of position will prevail, where the first part is not more clear and explicit than the last part.

Schneider v. Forcier, 67 Wn.2d 161, 164, 406 P.2d 935 (Wash. 1965) (internal citation omitted).

Thus, the pari materia rule states that, when conflicting provisions exist, the more recent one—meaning the provision that comes last in the text—should generally take precedence. However, there’s an important exception to this. If the earlier provision is more precise or clearer in its wording, then it may still outweigh the later provision. This ensures that the most unambiguous and straightforward part of the law is followed, even if it isn’t the most recent.

THE POLICY BEHIND THE RULE

The rationale behind this rule is based on the idea that legal texts evolve over time through amendments, updates, or revisions. As laws change, they may introduce new provisions that supersede older ones. However, if the latest change is unclear or in conflict with the earlier law, courts prioritize clarity and explicit meaning to maintain consistency and avoid confusion in the legal system.

In practice, this rule helps resolve contradictions in a way that reflects the likely intent of lawmakers, allowing the law to adapt to new circumstances while maintaining a logical structure. By applying pari materia, judges can ensure that the most recent and relevant expression of the law is given proper weight, unless it conflicts with the clear intent of previous provisions.

CONCLUSION

The pari materia rule is an essential tool for interpreting statutes that contain conflicting sections. By giving preference to the most recent provisions, while allowing earlier, clearer provisions to take precedence when necessary, it helps ensure that the law remains consistent, coherent, and true to its original intent. This rule strikes a balance between respecting legislative changes and honoring the clarity of earlier laws.


LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

Definition of Hearsay (WA State)

Definition of Hearsay (WA State)


Under Washington State laws, what is the definition of hearsay? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.


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Definition of Hearsay (WA State)

In the legal profession, there are specific guidelines that dictate how evidence can be used and presented in court. One such guideline involves hearsay, a rule that is central to maintaining fairness and ensuring that the evidence admitted is credible. Washington State law generally follows the principle of excluding hearsay, though there are notable exceptions (NOTE: this article will not address those exceptions). A clear understanding of what hearsay entails, particularly in the context of Washington law, is crucial for litigators.

Rule 801: What Constitutes Hearsay?

In Washington State, Evidence Rule (ER) 801 defines hearsay as follows:

(c) Hearsay. “Hearsay” is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

ER 801(c)*. In simpler terms, this means that if someone is recounting what they heard or read from another person, that statement is generally regarded as hearsay. (NOTE: Within the ER 801 definition, the term “statement” means “(1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.” Id.* And the term “declarant” means “a person who makes a statement.” Id.*)

example

Thus, Hearsay is essentially an out-of-court statement offered to prove the truth of what is being asserted. In other words, it involves a statement made outside the courtroom, brought into court to establish that the information in the statement is accurate. As a general rule, hearsay is typically not allowed in court due to its inherent unreliability. Since these statements are not made under oath or subjected to cross-examination, they do not undergo the same level of scrutiny as in-court testimony, which can raise questions about their accuracy.

For instance, if a witness testifies, “I overheard my co-worker John say he saw Manager Smith covertly sabotage the plaintiff’s work,” this would be considered hearsay. The purpose of the statement is to prove that manager Smith was indeed the individual that set up the plaintiff for failure. However, since co-worker John is not available to testify in person and be questioned, the statement is generally excluded as unreliable evidence under the hearsay rule.

How Washington State Handles Hearsay

Washington State follows the foundational principles of hearsay outlined in the state’s own Rules of Evidence (specifically Rule 801). These rules provide a structure for determining when a statement qualifies as hearsay and when exceptions to the rule might apply (again, this article does not address those exceptions).

Conclusion

In conclusion, hearsay is an important concept in Washington State law that helps maintain the reliability and fairness of legal proceedings. Defined under ER 801, hearsay refers to an out-of-court statement used to prove the truth of what is being claimed. Generally, hearsay is not allowed in court because it lacks the safeguards of being made under oath or subject to cross-examination; however, there are exceptions beyond the scope of this article. A clear understanding of this rule is essential for legal professionals to ensure only credible evidence is presented in court.




NEED HELP?

If you need legal help, then consider contacting an experienced employment attorney to discuss your case; our law office litigates claims under the Washington Law Against Discrimination, Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.