Feb 2014 Flashcards
Thief’s title
Always void, not voidalbe
Subsequent transferees acting in GF who take from thief- good title?
No, void, not even voidable
For P to reach SH’s personal money, need to
Pierce the corporate veil
Two questions to pierce corporate veil?
1) Did SHs create corporation to evade personal liability?
2) Did SHs and corp share ownership and interests?
Procedural steps to pierce corporate veil:
- Seek leave of court to amend complaint to add defendants
Ct would allow amendment at any time as justice permits
What is the title of the administrator of a will
“administrator with will annexed of the estate of XX, deceased” or “administrator c.t.a.”
Title of administrator intestate:
“administrator of the estate of XX, deceased”
Investory of estate includes joint banking account with right of survivorship?
Yes, even though it will not get passed through probate. Inventory includes decedent’s interest in multiple party bank accounts.
Court has what authority to impose sanctions?
Statutory and from Rules and inherent authority
Authority to sanction for failure to supplement earlier answers with a document?
No, would need to get court order first and have the party disobey that court order.
Ruls say there’s duty to supplement and sanction if you don’t obey order
Can Court sanction for frivolous motions?
Yes, if attorney had notice and opportunity to be heard
Can offensive comments be contempt of court?
Yes, disrespecting court/vile/insulting language
Does Court have authroity to bar L from practicing in a court for egregious conduct?
Yes
Who has authority to report L’s conduct to VA state bar?
Court and anyone
Motion to set aside verdict must be filed within
21 days (Breast of court)
All civil cases other than DR appeal to
SCV
Standard of review for court allowing a biased person/family member on jury?
Abuse of discretion
Does express easement need consideration to be valid?
No
New owner takes subject to easement (if it’s a servient tenement) unless
New owner is BFP for value with no notice of the easement
General warranty?
Grantor covenants that he, his heirs, and personal reps will forever warrant and defend property unto grantee, heirs, personal reps, and assigns, against all person’s claims and demands
If you don’t disclose an easement, breaching
convenant to be free of encumbrances.
If seeking motion for relief from J, what relief to seek?
Ask court to reopen and correct court’s error.
If challenging SMJ, when do you have to do that?
Can challenge at any time until last available appeal.
