Civ Pro 160-205

Question 1

Appeals from General District Court to Circuit Court are ____

Answer 1

de novo (result in a brand new trial)

Question 2

A motion to re-open / re-hear a General District Court case must be made within ___

Answer 2

30 days from the GDC judgment

Question 3

A motion to vacate a judgment obtained by fraud on the court must be made within ___

Answer 3

2 years from the judgment

Question 4

A Notice of Appeal must be filed in the Circuit Court within ___

Answer 4

30 days after entry of final order

Question 5

After losing a civil appeal in the VA Court of Appeals, a party may ___

Answer 5

file a petition for appeal in the Supreme Court of VA

Question 6

Motion for summary judgment - use of deposition testimony transcripts

Answer 6

may not be directly admitted as evidence in a MSJ

Question 7

Motion for summary judgment - use of a party’s admissions provided in response to a discovery request for admission

Answer 7

may be admitted as evidence in a MSJ, even if based on answers from a deposition

Question 8

Is subject matter jx waivable?

Answer 8

No, it can be raised at any point in the proceedings

Question 9

Is personal jx waivable?

Answer 9

Yes

Question 10

Ends-of-Justice exception

Answer 10

party can raise an issue on appeal that was not preserved in the trial court (this exception is rarely applied)

Question 11

When personal jx cannot be objected to

Answer 11

After a party files an answer, makes a general appearance, or engages in discovery

Question 12

Defendant’s motion to change venue must be made within ___

Answer 12

21 days of being served process

Question 13

Demurrer

Answer 13

challenges the legal sufficiency of a complaint (counterclaim, crossclaim, 3rd party claim); VA equivalent of FRCP 12(b)(6) MTD for failure to state a claim on which relief can be granted

Question 14

SOL - wrongful death suit

Answer 14

within 2 years of the date of death

Question 15

Plea in bar

Answer 15

filed instead of an affirmative defense in an answer; addresses a specific affirmative defense (ex. action exceeding the SOL)

Question 16

First class of beneficiaries in a wrongful death suit

Answer 16

Surviving spouse, children, grandchild (if child dead), & dependent household relatives (member of D’s household & primarily dependent on D for support/ services)

Question 17

Second class of beneficiaries in a wrongful death suit (no surviving spouse, children, or grandchildren)

Answer 17

Decedent’s parents, siblings, & any dependent household relative (primarily dependent on & living with D)

Question 18

SOL - non-UCC, oral contract or unsigned written contract, express or implied

Answer 18

within 3 years of a breach

Question 19

SOL - written non-UCC contract signed by party to be charged

Answer 19

within 5 years of a breach

Question 20

SOL - defamation

Answer 20

within 1 year of the injury (date a communication occurred)

Question 21

Improper service of process may be “cured” when ___

Answer 21

process was actually received by the person it was directed to within 1 year (EXCEPT in divorce / annulment cases)

Question 22

Doctrine of unclean hands (equitable defense)

Answer 22

a party seeking equitable relief must not have been guilty of inequitable / wrongful conduct related to the claim asserted

Question 23

Availability of remedy at law (equitable defense)

Answer 23

money damages insufficient to place party back in position he would be in if breach had not occurred

Question 24

Hardship or oppression (equitable defense)

Answer 24

requested relief must not cause unreasonable great hardship on the other party

Question 25

Fraud (equitable defense)

Answer 25

no equitable relief if a party made false statements of material facts in connection with the disputed contract

Question 26

Elements to establish a temporary injunction

Answer 26

(1) recognized legal right, (2) will suffer irreparable harm w/o an injunction, (3) balance of equities and hardships weighs in party's favor, (4) likely to succeed on the merits, and (5) no adequate remedy at law

Question 27

Action in detinue

Answer 27

allows court to determine who is entitled to possession of an item / to award damages when the item can't be returned

Question 28

SOL - Fraud

Answer 28

within 2 years of the time the π was / should have been aware of the issue

Question 29

Can a judge award attorney's fees to a prevailing party?

Answer 29

No, except in a suit for fraud

Question 30

Can a court permit the late filing of responsive pleadings?

Answer 30

Yes, if party shows good cause for the delay

Question 31

Responsive pleadings must be filed within ___

Answer 31

21 days of service of process on ∆

Question 32

When a default judgment is entered against a ∆ who doesn't appear at trial, can ∆ still present evidence as to damages?

Answer 32

Yes

Question 33

A court may grant leave to amend a complaint ___

Answer 33

(discretionary) liberally to attain the ends of justice

Question 34

To appeal from General District Court to Circuit Court, a party must file their notice within ___

Answer 34

10 days of entry of judgment (in the GDC)

Question 35

Appeals to this court will result in a brand new trial (ignoring what happened in the court below)

Answer 35

Appeals from GDC to Circuit Court

Question 36

Appeals that allow for the admission of new evidence not presented to the court below

Answer 36

Appeals from GDC to Circuit Court

Question 37

Appeals that won't review or consider what happened in the court below

Answer 37

Appeals from GDC to Circuit Court

Question 38

Errors that will not be considered on appeal to the Court of Appeals or Supreme Court

Answer 38

unpreserved errors (those not objected to in the trial court)

Question 39

Standard for appellate review of a circuit court's decision on a motion for summary judgment

Answer 39

de novo

Question 40

A party must object to the form or admissibility of evidence at trial when ___

Answer 40

it is offered (otherwise, the objection is waived)

Question 41

A motion for new trial is appropriate in VA state court to ___

Answer 41

raise errors that occurred during the trial that affected the party's substantial rights (1) judge's comment on the credibility of a witness / the weight/quality of the evidence (2) judge's improper admission / exclusion of evidence (3) judge's improper jury instructions (4) misconduct by party, lawyer, juror, third party (5) newly discovered evidence

Question 42

A civil plaintiff may take one nonsuit of a case, thereby being able to refile it, except after ___

Answer 42

(1) motion to strike sustained, (2) jury leaves to deliberate, or (3) action submitted to the court for decision

Question 43

Who may serve process?

Answer 43

Any non-party who is at least 18 (& not otherwise interested in the subject matter of the controversy)

Question 44

A sheriff may serve process only in what location(s)

Answer 44

within his own city/county or one directly contiguous to his

Question 45

Service of process on a foreign corporation must be served upon ___

Answer 45

in-state officer, director, or registered agent