Civ Pro Flashcards
Unlawful detainer does not involve…
title to land@ but present right to possession.
An action for partition can only be used when the facts involve…
two or more parties sharing ownership of property.
Ejectment involves…
the issue of who owns the title to the property.
A person is generally not entitled to assert an equitable claim if…
a law claim will provide an adequare remedy.
A declaratory judgement is only appripriate if…
The right of the parties has not yet matured and there is not a presently existing cause of action.
Instead of a declaratory action@ the law generally prefers…
a traditional cause of action.
If a contract is governed by the law of another State@ and the claim is barred by either state’s SOL@ is it time barred in the Virginia action as well?
Yes.
The use of discovery depositions in ruling on a motion for summary judgment is barred unless…
all parties to the action agree for it to be used.
What is the rule regarding granting leave to amend?
Leave to arnend is to be liberally granted to attain the ends of justice.
A judge no longer has authority to modify an order after how many days?
21
The purpose of a demurrer is to…
challenge the sufficiency of the allegations in pleading it’s filed against to make out a cause of action against the defendant.
