Feb ’20 Flashcards
Subjective intent of an officer will not render a stop illegal where the officer also had…
…objectively reasonable suspicion.
The bailee of a vehicle has both ___ and ___.
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.
Drug possession requires…
…actual or constructive possession of the drug with knowledge of its character by one who exercises dominion and control of the drug.
Felony possession of a firearm requires…
…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.
Dillon’s Rule provides that…
…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.
Is non-public approval of a contract by a local governing body a valid action by a local public body under Virginia law?
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.
Under the VFOIA, all ___ involving the transaction of ___ shall be open to inspection and copying by any citizen of Virginia, unless…
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.
Negotiability requirements:
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.
A note ___ satisfy the fixed amount of money requirement where it doesn’t state an explicit dollar amount of interest.
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.
Is an instrument that is “payable to John Doe” (as opposed to “payable to John Doe or order/bearer”) negotiable?
Only if it is a check.
A partnership is liable for the torts of a partner…
…committed within the ordinary course of partnership business.
Each partner is ___ liable for the debts of the partnership, although…
Jointly and severally.
…the creditor must seek to recover from the partnership entity first, before pursuing recovery from individual partners.
Long arm statute categories:
- Causes tortious injury instate by act or omission instate
- 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)
- Contracts to supply services or things in Virginia
- Has an interest in, uses or possesses realty in Virginia
- Transacts any business in Virginia
- 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)
- Domestic relations
A personal jurisdiction defense is preserved in federal court so long as…
… 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.
To prove a breach of warranty, P must also prove…
…proximate causation and damages.
life insurance proceeds are a non-probate asset and pass to…
…the contractual beneficiary.
A guardian appointed by an executor for a minor beneficiary must:
-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
[Law changed in 2022] Appeal from a circuit court civil judgement ___ a matter of right and goes to ___.
Is; court of appeals.
Brief not petition.
Statutes of limitations are tolled for…
…infancy; unsound mind.
A statute of limitations defense is raised by what kind of filing?
A special plea.
Generally, a ruling on a motion for summary judgement may not consider ___.
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.
A party wishing to preserve an objection must…
…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.
With a general warranty deed, the grantor covenants against…
… title defects that either he or his predecessors created.
The English Covenants of Title include…
…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.
