Deck 8

Question 1

Can a lien on a property held by tenancy by the entirety be subject to claims of creditors?

Answer 1

Property held this is immune from claims of creditors of just one spouse until divorce

Question 2

Is there a minimum amount to appeal a case from GDC to CC and if so, how much?

Answer 2

Yes, the minimum for cases to be appealed from GDC to CC is $20

Question 3

What is the process for D to appeal?

Answer 3

Written notice to GDC within 10 days. If D is appealing, they must furnish an appeal bond

Question 4

What is the procedure to appeal from CC to CoA?

Answer 4

Appellant must file notice of appeal within 30 days of final order

Question 5

What and when must an appellant do after final order?

Answer 5

Appellant must file statement of facts and transcript within 60 days of entry of final order

Question 6

When must an opening brief be filed?

Answer 6

Opening brief of appellant must be filed within 40 days

Question 7

When must appellee’s brief be filed?

Answer 7

Appellee’s brief filed within 25 days of appellant’s brief

Question 8

When must reply brief be filed?

Answer 8

In CoA, within 14 days

Question 9

What is the jurisdiction of the SCVA?

Answer 9

Appeals by petition, final orders of SCC and attorney disciplinary board

Question 10

Is there a minimum amount of controversy for SCVA?

Answer 10

Yes, the minimum amount in controversy is $500

Question 11

What is the deadline if appealing a trial court order?

Answer 11

The deadline is 90 days after entry of order

Question 12

What is the deadline if appealing a CoA order?

Answer 12

The deadline is 30 days after entry of judgment

Question 13

When must an appellant file an opening brief in SCVA?

Answer 13

Within 40 days after the certificate of appeal was issued

Question 14

What is an action in detinue?

Answer 14

To recover specific personal property unlawfully withheld an damages

Question 15

What are the elements for an action in detinue?

Answer 15

P has a right to property, P has a right to immediately possession, property can be identified and has value, D is in possession of property

Question 16

How does P petition the court for pretrial seizure of property?

Answer 16

Petition can be ex parte, describe the property, P’s claim, alleged facts supporting attachment, and P must post a bond

Question 17

What is a claim in distress?

Answer 17

Claim by a landlord to recover rent by proceeding against tenant’s personal property (exclusive jurisdiction in GDC, 5 years SOL)

Question 18

What is a partition proceeding?

Answer 18

2 or more owners disagree about the use of property and one seeks to divide it fairly (if convenient) or sell and divide the proceeds (jurisdiction CC)

Question 19

What is an ejectment?

Answer 19

Remedy at law to determine title to land; jurisdiction in CC only; P must prove right to possess; can seek a writ of eviction to recover possession and damages

Question 20

What is an unlawful detainer?

Answer 20

Remedy at law to determine right to possession (not title); GDC & CC if possession was OG lawful, P must make written demand before filing suit

Question 21

When does P file suit under VTCA?

Answer 21

Sooner of when claim denied or 6 months after giving notice but no later than 18 months or within 2 years after the C/A accrued

Question 22

Is there a cap on damages under VTCA?

Answer 22

Cap is greater of 100k or insurance coverage - no punitive damages allowed

Question 23

Medical malpractice review panels

Answer 23

May be requested within 30 days of D’s response; opinion of panel is admissible but not conclusive

Question 24

What does a writ of mandamus do?

Answer 24

Compels a public official to perform a ministerial duty imposed by law; must be no adequate remedy at law; initiated by petition under oath stating grounds; jurisdiction in CC; GDC only for FOIA

Question 25

What does a writ of prohibition do?

Answer 25

Prohibits public official from exceeding authority - same as mandamus

Question 26

What does a writ of quo warranto do?

Answer 26

Determines whether D holds public office; initiated by AG or any other interested person

Question 27

What is a declaratory judgment?

Answer 27

Judicial determination of rights and duties; not a preferred method of proceeding if c/a has matured

Question 28

What can an owner do when govt has taken property without proper condemnation proceedings?

Answer 28

Owner can use declaratory judgment to determine if there was a taking without just compensation

Question 29

How many additional days does a party have if they were served by mail?

Answer 29

Three additional days if served by mail