Feb ’16

Question 1

Summons in GDC

Answer 1

While a plaintiff can prepare her own complaint, or notice of motion for judgment, in GDC, there is no summons used in GDC… Only the Circuit Court uses the “summons”

Question 2

Category A venue:

Answer 2

1. Local Actions (land; proper where any part of land lies)
2. Wills (where probate happened or can happen)
3. Writs (where original proceeding is)
4. Injunctions:
   * the subject proceeding or judgment is pending
   * was rendered, or
   * where the subject act is to be done,
   * is being done, or
   * is apprehended to be done.

Question 3

Category B venue

Answer 3

1. Where DF resides or principal place of employment
2. Where DF is incorp./PPB
3. registered office/office of agent
4. location of witnesses
5. D’s substantial business activity (must be practical nexus to the forum including location of fact witnesses, plaintiffs, or other evidence to the action)
6. Where COA arose

Question 4

What must court find for transfer of venue?

Answer 4

Good Cause.

To determine good cause: the court weighs (1) plaintiff’s choice of forum against things like (2) agreement of parties, (3) avoidance of substantial inconvenience to parties or witnesses, (4) delay in party’s seeking transfer, etc. The decision about transfer is vested in the court’s discretion.

Question 5

Forum non conveniens?

Answer 5

When might a court find transfer for forum non conveniens?
If (1) the cause of action accrued out of state, (2) is brought by a non-resident of Virginia, and (3) there is a more convenient venue outside Virginia, a court might dismiss without prejudice.

The court must also find (1) good cause and (2) that the other court has jurisdiction.

The court may condition grant on stated conditions (e.g., that D not raise certain defenses).

Question 6

In an appeal from GDC, may P amend its complaint to exceed $25,000?

Answer 6

Only if D is the party appealing. Court’s discretion to allow.

Question 7

Upon dissolution of a corporation, the Board of Directors is required to…

Answer 7

…pay creditors’ claims before distributing assets to the shareholders.

A director who votes for or assents to (including by failing to dissent or abstain) a distribution that violates the Va. Code is liable to the corporation and its creditors for the amount of the improper distribution. The director can recoup from the shareholders who received the improper distribution and can sue other directors for contribution. No liability for a proper distribution.

Shareholders are liable for the amount received in an improper distribution.

Question 8

The divorce ground of cruelty typically requires…

Answer 8

…physical harm and on more than just one occasion.

Question 9

Condonation is…

Answer 9

A defense against a fault ground for divorce that must be specifically pleaded.

Question 10

Spousal support factors

Answer 10

(Need not fault)

• The age and physical and mental conditions of the parties
• The education and training of the parties, and their ability and opportunity to obtain education and training
• The earning capacity, obligations, needs and financial resources of the parties (including pension, profit-sharing, or retirement plans)
• The contributions (monetary and nonmonetary) each party made to the family
• The property interests of the parties (including separately owned real and personal property and tangible and intangible property)
• provisions made regarding the marital property (that is, the results of the equitable division of property, see 6.2.2, supra)
• The tax consequences to each party
• The standard of living established during the marriage
• The duration of the marriage
• Other relevant factors

Adultery is an absolute bar to alimony unless bar would result in a manifest injustice. Cruelty and abandonment can be bars.

Question 11

The increase in value of separate property is marital property to the extent that…

Answer 11

marital funds (joint account) increased the value of the property.

Question 12

Dead man statute.

Answer 12

In an action by or against a dead person or their representative, no judgment or decree shall be rendered in favor of an adverse or interested party founded on his uncorroborated testimony.

Question 13

A will which was in the possession of the decedent and which cannot be located at his death is…

Answer 13

…presumed to have been destroyed by the decedent with the intent to revoke.

The presumption may be rebutted with clear and convincing evidence of general statements that the decedent made about his testamentary intent, if those statements confirm the dispositive scheme in the decedent’s will.

Question 14

Technically, “inheritance” comes…

Answer 14

…by intestacy not by will.

Question 15

When a cell phone is seized incident to arrest its contents…

Answer 15

…may not be searched without further justification.

Question 16

Items may be lawfully seized from a vehicle pursuant to the police department’s…

Answer 16

…policy of taking standard inventory of disabled or seized vehicles impounded by the department.

Question 17

Choice of law

Answer 17

A federal court sitting in diversity will apply the choice of law rules of the state in which it is sitting. Where the parties have chosen what law to apply, that law will govern in Virginia.

Under the UCC, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or such other state or nation shall govern their rights and duties.