Declaratory Judgments, Arbitration, and Enforcement of Judgments

Question 1

Declaratory Judgment

What does a DJ seek? Does there need to be a dispute involved? When should it be used?

Answer 1

1. It seeks a judicial declaration of a right
2. It requires and actual controversy over the rights in question
3. Only when no other form of action is available

Question 2

Declaratory Judgment

What court should it be filed in? How is venue decided?

Answer 2

1. CC
2. Regular Venue rules

Question 3

Arbitration

Is a written agreement to arbitrate a dispute valid and enforceable in VA?

Answer 3

Yes

Question 4

Arbitration

when must courts compel arbitration?

Assume that someone denies the existence of the agreement

Answer 4

When there is an agreement to arbitrate the disputed issue. If so, court must compel arbitration

Question 5

Arbitration

When must a court stay arbitration?

Answer 5

When a party asks the court to stay the arbitration on the grounds that there is no arbtration agreement and there is in fact no agreement.

Question 6

Arbitration

What must a party do to enforce an arbitration award?

Answer 6

they must “confirm” the award. Basically have a court confirm the award by order.

Question 7

Arbitration

Upon an application, when must a court modify an arbitration award?(3)

Answer 7

• It was based on an evident miscalculation
• The award addressed matters not before the arbitrator; or
• the form of the award is incorrect in a way unrelated to the merits of the case

Question 8

Arbitration

when must a court vacate a arbitration award? (4); what is insufficient?

Answer 8

• the award was procured by fraud
• the arbitrator was evidently biased or corrupt
• the arbitrators exceeded their powers
• the arbitrators refused to postpone the hearing after good cause was shown, and a party’s rights were prejudiced

Mere error of fact or law is not grounds for vacating an award

Question 9

Enforcement of Judgments

Generally involves the judicial seizure (and usually sale) of D’s property. Enforcement procedures differ based on what?

Answer 9

The type of property to be seized

Question 10

Enforcement of Judgments: Real Property Procedures

What are the two steps? Explain them as needed

Answer 10

1. Docket the Judgment:
   * CC where P won suit will do this automatically
   * If D has real property in another JX, P must docket the judgment there
2. File a creditor’s Bill in Equity
   * Must be filed in JX containing the property that P wants to seize
   * Court will appoint a commissioner to sell property and use proceeds to pay P’s judgment
   * Remaining proceeds revert to D

Question 11

Enforcement of Judgments: Personal Property Procedures

What are the two steps? Explain them as needed

Answer 11

1. Docket the Judgment:
   * No automatic docketing
2. File a creditor’s writ of Fieri Fascias
   * Must be filed in the JX where the property is
   * Court will order the sheriff to seize property, sell it, and use the proceeds to satisfy the judgment

Question 12

Enforcement of Judgments: Procedures for Money Owed to D

What are the three steps? Explain them as needed

Answer 12

1. Docket the Judgment:
   * No automatic docketing. Must be docketed in the JX where D has a right to Money (location of bank or place of employment)
2. File a creditor’s writ of Fieri Fascias
   * Must be filed in JX containing the money owed to D
3. Ask court to issue a garnishment summons
   * Order requires bank or employer to pay money to the court, and court will turn that over to the P