Civ Pro

Question 1

what is Declaratory Judgment

Answer 1

an action is designed to permit one to have a judicial determination of his rights and/or responsibilities before he has suffered any injury or done a wrong to another.

Question 2

what must declaratory judgment involve?

Answer 2

Declaratory judgments must involve disputes at “the crossroads of a controversy,” meaning there must be more than just a disagreement. The dispute must be at the brink of the creation of a cause of action. Va. Courts have held that the declaratory judgment remedy, should not be used when alternative remedies are available.

Question 3

Unlawful Detainer

Answer 3

a law claim that tries the right to possession of real estate, not who holds title.

The action is used typically to recover possession from either (1) a defendant who unlawfully gained possession, or (2) the defendant had lawful possession but lost that right (e.g., by defaulting on a lease).

Question 4

A Bill to Quiet Title

Answer 4

an equitable action used to have the court determine title to property.

Question 5

Ejectment

Answer 5

Tries title to land. The plaintiff must recover on the strength of her own title, not on the lack of title in the defendant.

Question 6

find railroad dispute

Answer 6

The Railroad has not exercised possession for some time on the facts, unless one claims that the remnants of the railroad spur represent possession, which is unlikely. Here the claim of title is the primary dispute. Unlawful detainer would not be a remedy that Microbrewery would want to use to obtain a ruling that it has title to the land and that the prior easement no longer allows the Railroad any claim of title.

Microbrewery could try a bill to quiet title, but an action at law (ejectment) exists. When there is an adequate law remedy, then equitable actions are not generally available. A Bill to Quiet Title would not be an appropriate proceeding.

Ejectment would be an appropriate proceeding to use to bring the claim.