Feb ’20

Question 1

Subjective intent of an officer will not render a stop illegal where the officer also had…

Answer 1

…objectively reasonable suspicion.

Question 2

The bailee of a vehicle has both ___ and ___.

Answer 2

Reasonable expectation of privacy as to the vehicle and therefore has standing to object to its search; authority to consent to a search of the vehicle.

Question 3

Drug possession requires…

Answer 3

…actual or constructive possession of the drug with knowledge of its character by one who exercises dominion and control of the drug.

Question 4

Felony possession of a firearm requires…

Answer 4

…actual knowledge of possession of the firearm.

[From July ’19:] Possession of the firearm does not require active, physical possession. It is sufficient if Jerry held such dominion and control over the firearm such that he had constructive possession of it.

Question 5

Dillon’s Rule provides that…

Answer 5

…localities have only those powers that are:

(i) expressly granted by the General Assembly;
(ii) necessarily or fairly implied or incident to powers that are expressly granted; and,
(iii) essential and indispensable, not simply convenient.

If there is any doubt as to whether or not a local government has been given a specific power by the General Assembly, under the Dillon Rule, the local government does not have the power in question.

Under the reasonable selection method rule when a statutory grant of power has been given, but is silent as to the manner of its execution, a governing body has reasonable discretion in the manner of that execution.

Question 6

Is non-public approval of a contract by a local governing body a valid action by a local public body under Virginia law?

Answer 6

No. The contract is ultra vires and invalid.

Under the Virginia Freedom of Information Act (“VFOIA”), a contract must be voted on in a properly called and noticed, open, public meeting by recorded vote.

[Feb ’16:] Unless expressly provided by this chapter, no public body shall vote by telephone or other electronic communication means.

Question 7

Under the VFOIA, all ___ involving the transaction of ___ shall be open to inspection and copying by any citizen of Virginia, unless…

Answer 7

Public records: public business.

…a specific exemption from disclosure applies. Exemptions must be narrowly construed in accordance with the VFOIA’s purpose of openness in government.

Must be a public body.

Question 8

Negotiability requirements:

Answer 8

a signed writing, payable to order or bearer, with no additions or conditions, and payable on demand or on a date certain for a sum certain.

Payment upon elapse of a definite period of time following another event is acceptable, but only when the starting date is readily ascertainable when the promise is issued.

Question 9

A note ___ satisfy the fixed amount of money requirement where it doesn’t state an explicit dollar amount of interest.

Answer 9

Can.

3-104(a) permits references to interest, and §3-112(b) elaborates by authorizing an interest rate stated or described in the instrument in any manner, including those requiring reference to information not contained in the instrument, i.e., the Bank of Virginia’s prime rate.

Question 10

Is an instrument that is “payable to John Doe” (as opposed to “payable to John Doe or order/bearer”) negotiable?

Answer 10

Only if it is a check.

Question 11

A partnership is liable for the torts of a partner…

Answer 11

…committed within the ordinary course of partnership business.

Question 12

Each partner is ___ liable for the debts of the partnership, although…

Answer 12

Jointly and severally.

…the creditor must seek to recover from the partnership entity first, before pursuing recovery from individual partners.

Question 13

Long arm statute categories:

Answer 13

1. Causes tortious injury instate by act or omission instate
2. Causes tortious injury instate by act or omission out of state (must regularly solicit or do business in VA or engage in a persistent course of conduct from which it derives substantial revenue from goods used in VA)
3. Contracts to supply services or things in Virginia
4. Has an interest in, uses or possesses realty in Virginia
5. Transacts any business in Virginia
6. Causing injury in Virginia by breach of warranty where sale was out of state (where seller could reasonably foresee effect in Virginia and the seller regularly does or solicits business in Virginia or engages in a persistent course of conduct from which it derives substantial revenue from goods used in VA)
7. Domestic relations

Question 14

A personal jurisdiction defense is preserved in federal court so long as…

Answer 14

… the defendant files a timely motion to dismiss for lack of personal jurisdiction in the first-filed challenge to the plaintiff’s Complaint, such as in the first motion filed.

Question 15

To prove a breach of warranty, P must also prove…

Answer 15

…proximate causation and damages.

Question 16

life insurance proceeds are a non-probate asset and pass to…

Answer 16

…the contractual beneficiary.

Question 17

A guardian appointed by an executor for a minor beneficiary must:

Answer 17

-post bond, unless will waives doing so;
-provide a list of heirs at the time of qualification;
-file an inventory within 4 months of appointment; and
-file an accounting within 16 months of qualification and annually thereafter

Question 18

[Law changed in 2022] Appeal from a circuit court civil judgement ___ a matter of right and goes to ___.

Answer 18

Is; court of appeals.

Brief not petition.

Question 19

Statutes of limitations are tolled for…

Answer 19

…infancy; unsound mind.

Question 20

A statute of limitations defense is raised by what kind of filing?

Answer 20

A special plea.

Question 21

Generally, a ruling on a motion for summary judgement may not consider ___.

Answer 21

discovery depositions.

One exception is if the parties agree on doing so.

[Feb ’15:]
Answers to requests for admission may be used in a summary judgment motion, even though the requests for admission are based on facts learned from testimony at a Rule 4:5 deposition, so long as
(i) the request for admission makes no reference to the Rule 4:5 deposition; and
(ii) the request for admission does not require that the party admit that the deponent gave specific testimony.

Question 22

A party wishing to preserve an objection must…

Answer 22

…make timely objection and state the grounds for the objection at the time of the Court’s ruling.

If objection made before ruling, it need not be made again after ruling to be preserved.

Question 23

With a general warranty deed, the grantor covenants against…

Answer 23

… title defects that either he or his predecessors created.

Question 24

The English Covenants of Title include…

Answer 24

…seisin, the right to convey, quiet possession, further assurances, and no encumbrances.

Seisin is a covenant that the grantor has the interest that he purported to convey.

Right to convey assures that the grantor has the right, power and authority to convey the property.

Quiet possession covenants that the grantee can peaceably and quietly hold and possess the property without demand or claim to the property from a third party.

Further assurances is a covenant to execute deeds or otherwise take action to perfect title if necessary.

An encumbrance is a claim against an asset by an entity that is not the owner. Common types of encumbrances against real property include liens, easements, leases, mortgages, or restrictive covenants.

Question 25

A general warranty deed and the English Covenants of Title guarantee against ___, not ___.

Answer 25

defects in title; defects in the condition of the property.

Question 26

In order to bind a principal in contract, the agent must…

Answer 26

…act with either actual or apparent authority, or the principal must subsequently ratify the contact.

Actual authority may be either express or implied, and it is based on the principal’s communications with the agent and the agent’s reasonable belief that he is authorized.

An agent acts with apparent authority where the third party reasonably believes, based on manifestations of the principal, that the agent is authorized.

Question 27

Ratification is…

Answer 27

…a subsequent affirmation of an unauthorized contract.

In order to ratify, the principal must know the material terms of the contact, or be aware of his lack of knowledge. In other words, a principal cannot avoid ratification by relying on his ignorance of the contract terms where he was deliberately ignorant of those terms.

Additionally, silence may constitute ratification where a person would be expected to speak.

Question 28

Waivers based on language on a work order providing that “Customer also agrees that Bart’s Body Shop is not responsible for losses or damage to the vehicle while the vehicle is in Bart’s possession” are…

Answer 28

…disfavored and generally not enforceable in Virginia.

Question 29

Under the doctrine of respondeat superior, an employer is liable for the torts of his employee committed…

Answer 29

…within the scope of his employment.

[From July ‘19:] an act is within the scope of the employment if (1) it was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, and did not arise wholly from some external, independent, and personal motive on the part of the [employee] to do the act upon his own account.

Courts generally hold the employer liable for an employee’s minor deviations, often referred to as a “detour.”

Where an employer is found liable, the employer has an indemnification claim against the tortfeasor employee.

[from Feb ’17:] Generally no liability for independent contractors but some exceptions inherently dangerous activities and negligent hiring.

Question 30

Bailment for concealed object inside of another?

Answer 30

A bailee does not consent to a bailment for unknown objects inside of objects they have consented to a bailment of.

Question 31

Laches requires…

Answer 31

…knowledge of rights, significant delay, and prejudice to the defendant.

Equitable defense. Court’s discretion.

Question 32

The statute of limitations for fraud is…

Answer 32

…two years.

Fraud accrues when P becomes aware of or should have become aware of the fraud.

Question 33

The owner of a tract of land can have a ___ in a ___ that allows the plaintiff to demand the owner of the servient tract refrain from specific uses of the land.

Answer 33

Negative easement; servient tract.

Can arise through representations and inducements to a purchaser of the property, such as representations that a conservation area would not be developed.

Question 34

The general rule in Virginia is that, in the absence of a statute or contract to the contrary, a court ___ award attorneys’ fees to the prevailing party.

Answer 34

May not.

Exception for fraud (court’s discretion).

Question 35

To create a security interest…

Answer 35

…the secured party must [i] give value;
[ii] the debtor must have sufficient rights in the collateral; and
the secured party must [iii] either possess the collateral pursuant to agreement (pledge) or the debtor must have authenticated a security agreement.