End Game Flashcards
Do officers need a warrant to make an arrest? If not, what do they need?
Police officers may make an arrest without a warrant if the officers have probable cause to believe the person had committed a crime.
The inquiry considers the totality of the circumstances and probable cause exists if the officer has knowledge that would warrant a reasonably prudent person to believe that the person has committed or is committing a crime.”
When does PMSI get super-priority?
Where the collateral is inventory, a PMSI will have super priority only if the creditor, before handing over possession of the inventory to the debtor
(1) sends a special written notice to other security interest holders, and
(2) takes steps to assure that its PMSI will be perfected at the time the debtor receives possession.
What’s an exception to the general validity of after-acquired collateral clauses?
Under Virginia law an after-acquired collateral clause is ineffective as to consumer goods acquired more than 10 days after the creditor has given value
What’s the test for supplemental jurisdiction?
Common nucleus of operative fact
What’s the only way a case can be remanded to state court?
The only way that a case could be sent to state court is (1) if the case originated in state court, (2) had been removed to U.S. District Court, and (3) was then remanded because of some defect in the removal process.
In federal court, when can a party move to dismiss for failure to join an indispensable party? Can that failure be waived?
Under Rule 12, a motion to dismiss for failure to raise an indispensable party is not waivable and can be raised at any time up until and including the trial.
What’s the test for concurrent conflicts of interest?
Significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client.
What’s a wrinkle lawyers need to keep in mind when considering joint representation of multiple plaintiffs?
Even if informed consent can be, and is, obtained at the outset of the joint representation, one or both jointly represented clients may later withdraw this consent. If the client does withdraw consent, then the lawyer must evaluate whether the joint representation can continue and must secure a new informed consent from each client.
Who are the beneficiaries of a wrongful death action?
First class is surviving spouse, children, and children of decesased children; also parents if parents have been dependent on decedent for support during the past year
Second class (if no SS or children) is parents and siblings, and anyone else dependent on decedent for support
If no children but surviving spouse and parents, goes to surviving spouse and parents
What’s the test for negligent entrustment of a vehicle?
Owner of the vehicle knew, or had reason to know, she was entrusting her vehicle to an unfit driver, likely to cause injury to others.
What presumptions apply for contributory negligence for children?
A child between the ages of 7 and 14 is presumed not to have the capacity to understand and appreciate the peril and dangers of his acts and is legally incapable of committing acts of negligence.
The defendant can rebut this presumption by showing that the plaintiff child did have the capacity to understand the peril and dangers.
What’s the juvenile and domestic relations court’s jurisdiction over custody and child support orders?
The Juvenile & Domestic Relations District Court and Circuit Court have concurrent jurisdiction over custody and child support orders.
After a Juvenile Court issues a custody or support, it is divested of jurisdiction when a party files a suit for divorce asking for custody and support to be decided but only after a hearing is set by the circuit court for a date certain or the matter is on the motions docket to be heard within 21 days of filing.
How is contempt of court defined?
“Contempt is defined as an act in disrespect of the court or its process, or which obstructs the administration of justice.”
What’s the test for desertion?
Desertion is a breach of matrimonial duty that requires a showing of the actual breaking off of the matrimonial cohabitation coupled with an intent to desert in the mind of the deserting party.
What’s the interplay between desertion and denial of sexual intercourse?
The Supreme Court explained that desertion could be established where there was willful withdrawal of the privilege of sexual intercourse, without just cause or excuse when such withdrawal is accompanied with willful breach and neglect of other marital duties as to practically destroy home life in every true sense and to render the marriage intolerable and impossible to be endured.
What happens if the JDR Court makes a custody order, and then a parent requests a new order in a divorce proceeding in the Circuit Court?
Where a Juvenile Court has properly issued a custody order, a subsequent request for a custody order accompanying a suit for divorce in Circuit Court should be treated as a modification rather than a de novo review of a custody determination.
If the court determines there is a change of circumstances, it should apply the best interests factors set forth in the statute
What’s the deadline for an opening brief in the VA Court of Appeals?
If a transcript is to be filed it must be filed with the trial court within 60 days. Once the trial record has been received by the Court of Appeals of Virginia, Bob will have 40 days to submit his opening brief.
What are the elements for an inverse condemnation claim?
To prevail on a claim for inverse condemnation, the plaintiff must establish that:
(i) the property owner owns private property or has some private property right,
(ii) the property or a right connected to that property has been taken or damaged by the government,
(iii) the taking or damaging was for “public use,” and,
(iv) The government or condemning authority failed to pay just compensation to the property owner.
