Feb ’19

Question 1

A signature in a will must…

Answer 1

Be made in such a way to make it manifest that the mark is intended as a signature.

E.g., signed at the bottom, after the dispositive portion.

Question 2

A grant “to A and B as joint tenants and not tenants in common” creates what kind of interest in A and B?

Answer 2

A tenancy in common.

Such a grant must specify the right of survivorship.

Question 3

The owner of a remainder can only transfer…

Answer 3

…the remainder. Not a fee simple in the underlying property.

Question 4

“To Carl and his heirs so long as used for residential purposes only” creates…

Answer 4

A determinable fee in Carl and a possibility of reverted in the grantor.

When the condition is violated, title instantly reverts to the grantor in fee simple absolute.

Question 5

“To John for life, then to Lucas.” creates…

Answer 5

A life interest in John and a vested remainder in Lucas (which ripens upon the death of John into a fee simple absolute).

Question 6

When a promissory note is secured with a deed of trust for land and the note is in default, the holder of the note may…

Answer 6

…have the land sold. The purchaser at the foreclosure sale will acquire title in fee simple absolute.

However, the debtor does have a right to pay off the security interest before foreclosure, and the seller has the right to satisfy the security interest at closing with the sale proceeds.

Question 7

A partnership is formed when…

Answer 7

…two or more people associate to carry on as co-owners a business for profit.

No formalities, writing, or formal agreement are required to form a partnership; the parties’ intent may be implied from their conduct.

Sharing profits triggers a presumption of partnership, and other indicia of partnership include sharing control and sharing losses.

Question 8

Under purported partnership, or partnership by estoppel…

Answer 8

…a person who represents herself as a partner, or consents to being represented by another as a partner, is liable to third parties who extend credit to the apparent partnership in reliance on the representation.

Question 9

An accommodation party is…

Answer 9

…one who signed the note for the purpose of incurring liability without being a direct beneficiary of the value given.

An accommodation party is obliged to pay the instrument in the capacity in which he signs, even if he receives no consideration. E.g., “Guarantor of all amounts due” makes the party fully liable.

An accommodation party is discharged to the extent that the person entitled to enforce the obligation impairs the collateral (failure to perfect) securing the obligation. The creditor must have notice of the accommodation for a discharge.

Question 10

A case can be removed to federal court under diversity jdx where diversity was not complete but has become complete within…

Answer 10

…one year of the commencement of the action.

Removal must be filed within 30 days of the change.

Question 11

A lawyer may not make an agreement prospectively limiting the lawyer’s ____ except…

Answer 11

Liability to a client for malpractice.

…if the lawyer is an employee of the client and the client is independently represented in making the agreement.

Question 12

A lawyer can provide adequate representation in a wholly novel field through…

Answer 12

…necessary study or association with a lawyer of established competence in the field.

Question 13

Must a representation agreement be reduced to writing?

Answer 13

No but lawyers should “preferably” do so.

But contingency fees must be in writing and must state (1) the method the fee is to be determined, (2) the expenses to be deducted from the recovery, and (3) whether such expenses are deducted before or after the contingent fee is calculated.

Customary fee is 33%.

Question 14

A lawyer’s fee must be…

Answer 14

…reasonable.

Eight factors for assessing reasonableness, most notably custom and the experience, reputation, and ability of the lawyer.

Question 15

A lawyer ___ have a sexual relationship with a client.

Answer 15

Can. Unless it adversely affects the representation.

Question 16

When the lawyer and client disagree as over a fee that the lawyer will be paying from funds the lawyer has in his or her client trust account, the lawyer should…

Answer 16

…promptly disburse to the client the undisputed portion of the funds and keep the disputed portion of the funds in the trust account.

Question 17

How to appeal a general district court final judgement?

Answer 17

File a notice of appeal at the GDC within 10 days and post bond and pay writ tax in the GDC within 30 days of judgment (10 days, however, if unlawful detainer case).
(Rehearing at GDC does not extend time limits.)

Counting starts the day after the judgement (the event day) and where it ends on a Sunday, notice can be followed the next day.

Question 18

After a trial is appealed from GDC, the circuit court appeal conducts the new trial…

Answer 18

…de novo.

Question 19

Can a party present new evidence on appeal?

Answer 19

No.

Question 20

To show conversion, P must show:

Answer 20

(1) that the property interest is subject to conversion law;
(2) that P has an ownership interest in the property; and
(3) that D has interfered with that ownership interest.

Generally, conversion only applies to tangible property, although Virginia courts have found that an action may lie for the unlawful conversion of certain intangible property rights that have been documented.

Question 21

A party is not a necessary party if an existing party can…

Answer 21

…adequately represent its interests.

Question 22

The procedural steps that must be taken in order to perfect the right to sue in a derivative suit are:

Answer 22

(1) a standing requirement and (2) demand.

To have standing to bring a derivative suit, the shareholder must have owned stock at the time of the alleged wrongdoing and he or she must fairly and adequately represent the interests of the corporation.

Additionally, the shareholder must make written demand on the corporation prior to bringing the suit. After making demand, the shareholder must wait until the demand is rejected or until 90 days pass, unless he or she can show irreparable injury to the corporation. If the demand is rejected, the shareholder may file the suit only if he or she alleges that the demand was not properly rejected by a disinterested decision-maker.

Question 23

Court ‘s authority to award or modify spousal support is governed by the property settlement agreement where…

Answer 23

It is signed (effecting waiver of right to claim future support) in exchange for valuable consideration and was incorporated within the parties’ final divorce decree, becoming a term of the decree. Unless fraud or unconscionable.

The parties’ agreement may govern the property and other rights of the parties, but the agreements take subject to the Courts right to make a child support award in the appropriate case notwithstanding an agreement to the contrary. The Court retains continuous jurisdiction to change or modify its order relating to care and maintenance of a child.