February 2020

Question 1

Criminal Law and Criminal Procedure

Reasonable Suspicision

Answer 1

In Terry v. Ohio, 392 U.S. 1 (1968), the Supreme Court held that if a police officer reasonably believes “that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person may be armed and presently dangerous”- then the officer may stop and search the individual. The Court held that to determine whether the police officer acted reasonably in the stop, courts should consider “the specific reasonable inferences which he is entitled to draw from the facts in light of his experience,” rather than merely relying on a hunch.

Despite and office subjective intent, if a officer has reasonable suspicision that a person has committed or is committting or is about to commit a crime.

then that officer can stop that suspect

He can also stop and search that suspect if he has reasonable belief to assume that the suspect is armed and dangerous.

Question 2

Probable Cause

Answer 2

Probable cause is determined by a reasonable belief, based on facts and circumstances known to the law enforcement officer at the time, that a crime has been, is being, or is about to be committed, and that the person or property to be searched or seized is connected to that crime.

The determination of probable cause is based on the totality of the circumstances, which means that all relevant factors are considered, including the officer’s training and experience, the behavior of the person in question, the nature of the offense suspected, and any other available information.

Question 3

do Bailees of vehicles have a reasonable expectation of privacy?

Answer 3

Yes they do, they have a reasonable expectation of privacy as to the vehicle and thus has standing to object to the search.

Question 4

Difference between Probable Cause and Reasonable Articulable Suspicison

Answer 4

Reasonable suspicion is a step before probable cause. At the point of reasonable suspicion, it appears that a crime might have been committed. The situation escalates to probable cause when it becomes clear that a crime has most likely been committed.Mar 14, 2024

Question 5

Do Bailess have lawful authority to consent to a search of the vehicle?

Answer 5

YES.

Question 6

When Someone gives unconditional consent AKA Consent to search the vehicle without limitatation as to the scope or place.

Answer 6

the Officer could look anywhere in the vehicle including the floorboard and glove compartment.

Question 7

Conviction of Possession of Drugs

Answer 7

Actual or Constructive Possession of the drug with knowledge of its character by one who exercises domion and control of the drug meets the requirements for Conviction.

Actual or constructive possession of the drugs with knowledge of its character, by one who exercises dominion and control over the drugs.

Question 8

Examples that support a Conviction of Possession of the Drugs.

Answer 8

Exclusive possession of the vehicle

sat within a few feet of the drugs

clearly nervous during the stop.

The terms of the bailment.

It is reasonable to assume that he disgarded the bag.

The ownership of the drugs is not an element of conviction of possession for drugs.

Question 9

Possession of a firearm

Answer 9

Having actual or constructive possession of the firearm with knowledge of its character by someone who exercise dominion and control over the weapon.

Question 10

Local Government

Dillion Rule

Answer 10

This is a rule of strict statutory construction that requires narrow interpretation of the powers granted to localities by the VA Constitution.

Localities only have the powers that are:

• expressly granted to it by the General Assembly,
• necessarily or fairly implied or incident to powers that are
• expressly granted and essential and indispensable, not simply convenient.

If there is any doubt whether or not a local government has been given a specific power by the General Assembly, under the Dillion Rule, the local government doesn’t have it.

Question 11

the Reasonable Selection Method Rule

Answer 11

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 12

Demurrer in connection the inverse condemnation

Answer 12

in a situation where a county files a demurrer in connection to a inverse condemnation, the court will likely overrule it.

Question 13

Does sovereign immunity apply to a inverse condemnation case?

Answer 13

No it doesn’t.

Question 14

elements of a Inverse Condemnation

Answer 14

Government intentionally damaged private property for public use

NEED TO RESEARCH MORE

Question 15

A valid meeting to exercise is powers

Local Government

Answer 15

A governing body may exercise the powers that it conferred upon it at any meeting in which a quorum of the governing body is present.

Question 16

How are ordinances and resolutions adopted in Valid Meetings of local government

Answer 16

by These may be adopted by a majority of the governing body who are present and voting at a lawful meeting.

There is no authority in VA code that authorizes a local governing body to take action to approve a contract in lieu of voting at a public meeting.

Question 17

Transactions of public business by a local public body not within a public meeting is

Answer 17

prohibited.

Question 18

Valid Meetings under VA law must be

Answer 18

conducted in the open, a contract must be voted on in a properly calle meeting and notice given,

Open public meeting by record vote in according with all the requirements of the VFOIA.

Notice given by putting up notice in a public space like clerk’s office.

Question 19

According to VA FOIA, all public records involving the transaction of public business shall be open to inspection and copying by VA citizen unlesss a specific exemption from the disclosure applies.

Answer 19

This includes Board of Supervisers and the consulting contract falls within the defintion of public records

The records or a response must be made within 5 business days.

Question 20

UCC Negotiable Instruments & Business Organizations

What makes a negotiable instrument

Answer 20

1. Written and signed
2. unconditional
3. promise or order to pay
4. a fixed amount of money
5. is payable to order or bearer
6. on demand or at a definite time
7. states no other unauthorized conditions by person promising or ordering payment.

Question 21

What makes a Negotiable Instrument

Answer 21

1. Written and signed
2. unconditional
3. promise or order to pay
4. a fixed amount of money
5. is payable to order or bearer
6. on demand or at a definite time
7. states no other unauthorized conditions by persons promising or ordering payment.

Question 22

What is a Note?

Answer 22

A promise because it is a written undertaking to pay money signed by the payor.

Note promises to pay money.

The unconditional requirement isn’t an problem because nothing triggers Section 3-106

Question 23

What makes a neogitable instrument unconditional?

Answer 23

• More then a mere acknowledgement to pay a debt
• It must be unconditional
• a note isn’t unconditional when it states that the promise or order is subject to or governed by another reocrd or
• the rights or obligations with respect to the promise or order are stated in another record
• A promise or order is not conditional merely becaue it sttes thte consideration reuired for the payment
• refers to another record
• incorporates by reference items that wouldn’t hurt the holder
• limits payment to a particular found or soure
• requires counter signature

Question 24

The fixed amount of money requirement

Answer 24

• It doesn’t have to state an explicit dollar amount of interest
• it is permitted to include references to interest and can aurhotirze an interest rate stated.

Question 25

Payable to order or bearer.

Answer 25

promise to pay someone makes the note payable to order.

Question 26

payable on demand

Answer 26

by giving a date when it becomes payable at a definite time.

Question 27

No additions or conditions

Answer 27

• undertaking to secure collateral to secure, to give, to protect payment
• authorization or power given to the holder to confess judgment
• waiver of law meant to benefit obligor (maker or drawer)

These are allowed.

Question 28

What makes a note a negotiable Instrument

Answer 28

1. a writtened and signed
2. unconditional
3. promise or order
4. to pay a fixed amount of money
5. that is payable to orderer or buyer
6. on demand or at a definite time
7. no other unauthorized conditions by the person promising or ordering the payment.

§ 3-104. NEGOTIABLE INSTRUMENT.
Primary tabs
(a) Except as provided in subsections (c) and (d), “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:

(1) is payable to bearer or to order at the time it is issued or first comes into possession of a holder;

(2) is payable on demand or at a definite time; and

(3) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.

Question 29

The Liability of a Tortfeaser

Answer 29

A tortfeaser is always personal liable for their own negligence

Question 30

the Liability of a partnership

Answer 30

A partnership is liable for the torts of its partners committed within the ordinary course of the partnership business

Question 31

Partnership law

the Liability of a General Partnership

Answer 31

Each partner is jointly and severally liable for the debts of the partnership, although the creditor must seek to recover from the partnership first before pursuing recovery from individual partners.

Question 32

the Liability of a Limited Liability Partnership

Answer 32

partners are not personally liable for the debts of the business.

Question 33

Federal Civil Procedure and VA Civil Procedure

Personal Jurisdiction

Answer 33

There needs to be a VA Long Arm Statute

and meets the Consitutional Requirement of due process

Question 34

VA Long Arm Statute Requirement of Personal Jurisdiction

Answer 34

This states that a court in VA can exercise jurisdiction over a nonresident if the cause of action arises from certained enumerated activities

• this includes transacting business within the State. As VA is a single transaction State, just one business transaction to the cause of action will suffice.
• Also includes supplies thing or services to the state.

Question 35

Due Process Requirement of VA Personal Jurisdiction

Answer 35

This determines whether there are sufficient minimum contacts between the forum state and the defendant to the point that the defendant purposefully availed himself of the privileges and benefits of the forum state’s laws that he could reasonably expected a lawsuit against himself.

Whether there are minium contacts between the nonresident and the forum states that could lead to claim in the case that are sufficient in quality and nature to make it reasonable to exercise personal jurisdiction.

Whether the defndnat purposefully availed himself of the privilege of conducting business in VA.

So long as the contract has a substantial connection with the forum, even a single act can satisfy due process.

Question 36

Example in a contract situation

Answer 36

Cornhusker contracted with a VA Company and agreed to supervise and install the system at a VA warehouse.

Question 37

Does a party submit to the jurisdiction of a court by failing to make a special appearance before filing its motion to dimiss?

Answer 37

No, a defendant is not required to either make a special appearance before or simultaneously with a motion to dismiss for lack of personal jurisdiction

Under Rule 12 b2, a party can raise other issues under other subparts of Rule 12 as long as the rule 12 b challenge is included in the initial motion timely filed in response to the complaint.

No special appearance is required.

Question 38

the definition of goods under the UCC

Answer 38

A movable good at the time of identification to the contract for alw.

Question 39

The implied Warranty of Merchantability

Answer 39

§ 8.2A-212. Implied warranty of merchantability.
(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.

(2) Goods to be merchantable must be at least such as;

(a) Pass without objection in the trade under the description in the lease agreement;

(b) In the case of fungible goods, are of fair average quality within the description;

(c) Are fit for the ordinary purposes for which goods of that type are used;

(d) Run, within the variation permitted by the lease agreement, of even kind, quality, and quantity within each unit and among all units involved;

(e) Are adequately contained, packaged, and labeled as the lease agreement may require; and

(f) Conform to any promises or affirmations of fact made on the container or label.

(3) Other implied warranties may arise from course of dealing or usage of trade.

This is implied when the seller is a merchant in respect to the goods of that kind.

Aka, someone who deals in goods of the kind.

Also, the goods must be fit for the ordinary purposes of which goods of that type are used.

Question 40

The Implied Warranty of Fitness for a Particular Claim

Answer 40

When the seller knew of the buyer’s particular purpose for the goods, and that the buyer relied on the seller’s skills and knowledge to purchase the goods.

Question 41

Who has the burden of proof for implied warranties?

Answer 41

The buyer must comply with the buren of proving the breach and that the breach was the proximate cause of the damages

Must notify the seller of the breach and must prove the damages

The difference at the time and place of acceptance between the value of the goods accepted and the value they would have had if they had been as warranted.

Question 42

Wills

Are ommited Children entitled to inherit in a will that doesn’t mention them?

Answer 42

Yes.

Question 43

What are omitted Children?

Answer 43

If a testator executes a will when the testator has no children, a child is born or adopted after the execution of the testator’s wil, or any descendant of his, who is neither provided for nor mentioned in the will is entitled to such portion of the testator’s estate as he would have been entitled to if the testator had died intestate.

NEED To Prove Status by clear and convincing evidence

Genetic testing.

Question 44

If the testator had died in intestate what would the omitted child obtain?

Answer 44

He would have gotten the entire probate estate.

According to VA Law, if the decedent has no suviving spouse, then the entire probate estate goes to the child of the decedent.

Question 45

If there is a will that makes no mention of a omitted child, then that will is revoked and the assets of the decedent will pass through intestacy.

Answer 45

Siblings only take if the decedent has no issue or parents.

Question 46

IS the life Insurance policy part of the probate estate?

Answer 46

No, it passes through the contractual beneficiary.

Question 47

What are the obligations of a Executor of the decedent estate in regard to a omitted child under the age of majority?

Answer 47

Quinn would be obligated to petition the court to have a guardian of the estate appointed to manage the property to the child. He can’t distribute the property directly to the mother or child.

only to the guardian of the estate appointed for the minor child.

Question 48

The obligations of the Guardian of the Estate

Answer 48

The Guardian of the Estate must post bond, unless Will wavies doing so, provide a list of heirs at the time of qualification, file an inventory within four months of the appointment, and fiel an accounting within 15 months of qualification an annually there after.

Question 49

If the omitted child dies before reaching 18 and there is a will that omits the child,

Answer 49

the probate estate will pass according to the will.

Question 50

VA Civil Procedure

The Appeal (concerning a civil case and not a domestic, criminal or traffic infliction) go to which court? Court of Appeals or the VA Supreme Court?

Answer 50

It goes to the VA Supreme Court by Petition, not of right.

Question 51

The statute of limitations fo personal injury cases like food poisoning is

Answer 51

two years.

Question 52

if the personal injury happened to the plaintiff while they were under the age of majority, then

Answer 52

the statute of limitations for the injury is tolled until they reach the age of majority.

Question 53

Motion for Summary Judgment in regard to Discovery depositions?

Answer 53

The Trial Court is barred from considering discovery depositions in support of a Motion for Summary Judgment.

Question 54

What must a party do to preserve a motion for appeal?

Answer 54

A party wishing to preserve an objection must make a timely objection and state the grounds for its objection at the time of the court’s ruling?

Section 8.01-384 A - no party after having made an objection or motion known to court, shall be required to make such objection or motion again to preserve his right to appeal, challenge, or more for reconsideration of, a ruling, order, or action of the court.

Question 55

Real Property

What does a General Warranty Deed insure against.

Answer 55

the grantor covenants against title defects that either he or his predecessors created.

Question 56

What are English Covenant of Titles?

Answer 56

These include, Seisen, Right to Convey, Right against Encumberances

As well as Covenant of Quiet Possession, Covenant of warranty, Covenant of further assurances.

Question 57

Definition of the English Covenant of Titles?

Answer 57

Seisin - that the conveyer has the property
Right to Convey - that he has the right to sell the property
right against encumbrances - that there are no liens or mortgages

Covenant of Quiet Possession - that the property shall be enjoyed by the grantee without any interference by any third party with a valid claim

Covenant of further assurances - that the grantor would take action to perfect the title if necessary.

Covenant of warranty - that the grantor will move to protect grantee from anyone claiming to have superior title.

Question 58

Seisin

Answer 58

that the grantor has the interest that he purported to convey

Question 59

Right to convey

Answer 59

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

Question 60

Quiet possession

Answer 60

that the grantee can peacefully and quietly hold and possess the property without demand or claim to the property from a third party.

Question 61

Further Assurances

Answer 61

Thatthe Covenant will execute deeds or otherwise take action to perfect title if necessary.

Question 62

No encumbrances assures that

Answer 62

that there are no encumbrances against title or interest in the property

Question 63

What is breached when a third party has a valid claim to the property

Answer 63

Seisin, Right to Convey, and Quiet possession

Seisin - having possession of the property

right to convey - having the right or power to convey the porperty

Quiet Possession - that the grantee can peacefully and quietly hold the property without interference from third party with valid claims.

Question 64

Does a General Warranty Deed and English Covenants of Title assure against defects in title as well as defects in property?

Answer 64

YES to defects to Title, NO to defects in property.

Like AC.

Question 65

Agency, Bailments, and Contracts.

Agency Law
How is a Principal in contract bounded by the actions of their agent?

Answer 65

In order to bind the principal to a contract, the agent must have acted with apparent or actual authority, or the principal must has subsequently ratified the contract.

Question 66

Actual Authority

Answer 66

Actual Authority may be expressed or implied, it is based on the communications between the principal and the agent and the agent’s reasonable belief that he is authorized.

This is based on expressed communications between the principal and his agent and the agent’s reasonable belief that he was authorized.

Question 67

Apparant Authority

Answer 67

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

apparent authority arises out of the principal’s holding out of the agent as authorized.

Question 68

Example of a situation where the agent was an employee but was not held at as an agent to contract.

Answer 68

When the principal holds someone out as an employee but not as an employee authorized to make such a transaction.

Question 69

Ratification of a contract

Answer 69

The subsequent affirmation of an unauthorized/authorized contract.

Question 70

How does a principal ratify a unauthorized contract?

Answer 70

He must know the material terms of the contract or be aware of his lack of knowledge.

In otherwords, a principal can’t avoid ratification by relying on his ignorance of the contract terms when he was deliberately ignorance of the terms.

Question 71

Example of a principal not ratifying an unauthorized contract although it looks like that he authorized it.

Answer 71

Nod was not a ratification because he didn’t yet know the contract terms. He assumed that.

Stronger argument that his slience or failure to object was ratification. But he didnt have actual knowledge of the contract terms.

Question 72

Contractual Waivers are disfavored in VA

Answer 72

Such language generally isn’t a defense in regard to stolen claims.

Question 73

What does a bailment require

Answer 73

A bailment relationship requires delivery by the bailor and acceptance by the bailee.

Question 74

Elements of a bailment.

Answer 74

Actual possession of or control over property must be delivered to a bailee in order to create a bailment. The delivery of actual possession of an item allows the bailee to accomplish his or her duties toward the property without the interference of others. Control over property is not necessarily the same as physical custody of it but, rather, is a type of constructive delivery. The bailor gives the bailee the means of access to taking custody of it, without its actual delivery. The law construes such action as the equivalent of the physical transfer of the item. The delivery of the keys to a safe-deposit box is constructive delivery of its contents.

A requisite to the creation of a bailment is the express or implied acceptance of possession of or control over the property by the bailee. A person cannot unwittingly become a bailee. Because a bailment is a contract, knowledge and acceptance of its terms are essential to its enforcement.

Consideration, the exchange of something of value, must be present for a bailment to exist. Unlike the consideration required for most contracts, as long as one party gives up something of value, such action is regarded as good consideration. It is sufficient that the bailor suffer loss of use of the property by relinquishing its control to the bailee; the bailor has given up something of value — the immediate right to control the property.

Question 75

elements of a Bailment Relationship.

Answer 75

Actual Possession or control of the property is handed from the bailor to to the bailee

the Bailee expressly or implicitly accepted possession or control over the property from the bailor

Consideration, the exchange of something of value. - It is enough for the bailor to suffer loss of control of the property by relinquishing control to the bailee.

the bailor has given up something of value.

Question 76

When does a bailee doesn’t accept possesion or control over the property from the bailor.

Answer 76

When he has no knowledge of the property. He can’t expressly or implicitly accept it.

For instance, if a camera is out of sight in the glove compartment,and not disclosed to him when the car was delivered for repair, there couldn’t have been expressed or implicit consent.

In comparsion to a car radio which is built into the car which is an example of implicit acceptance

or the car itself

This situation is a car bailment

Question 77

Standard of Care in a Bailment in a commerical relationship.

Answer 77

Ordinary due care. Because it is mutual benefit.

Thus a person can be guilty of ordinary negligence.

Question 78

Respondeat Superior

Answer 78

An employer is liable for the torts of his employee committed within the scope of his employment.

An employer is generally not responsible for the acts of his employee outside of the scope of the relationship.

Frolic or Detour
Frolic is a major departure from the scope of the employment

Detour - is a minor departure from the employee’s duties but still considered within the scope of the relationship.

Question 79

What is the doctrine of Respondeat Superior?

Answer 79

An employer is liable for his employee’s acts committment within the course of the employee-employer relationship.

Frolic - a major departure from the employee’s duties - not liable

Detour - minor departure from the employee’s duties but still considered to have been committed within the scope of the relationship.

Question 80

Where an employer is found liable for his employee’s trots under the doctrine of respondeat superior, what sort of claim would he have against the employee

Answer 80

An indemnification claim against the tortfeaser employee

Indemnification - compensation for loss or harm.

Question 81

VA Civil Procedure

What is the statute of limitations for a breach of contract claim?

Answer 81

5 years.

In order to timely file for breach of contract, file suit anticipatory breach.

parole Evidence, Wilsons can establish taht the agreement included assurances that the developer would not develop the area.

Question 82

Laches

Answer 82

Laches is a doctrine in equity whereby courts can deny relief to a claimant with an otherwise valid claim when the party bringing the claim unreasonably delayed asserting the claim to the detriment of the opposing party. The doctrine is also commonly referred to as estoppel by laches.

Question 83

What does Laches require?

Answer 83

Laches requires knowledge of rights, significant delay, and prejudice tot he defendant, requirements that the development company could not show.

Question 84

the Statute of limitations for filing a fraud claim

Answer 84

Actions for damages for fraud is two years.

The action starts to accrues when the plaintiff becomes aware of or should have become aware of the fraud.

Thus, although the contract was signed two years ago, if the plaintiffs only became aware in a homeowners meeting after repeated assurances. Then, the SOL begins when they become aware.

Question 85

Do Owners of a tract have a negative easement in a servient tract?

Answer 85

Yes, the Supreme Court has acknowledge that the owner of the tract of land can have a negative easement in a servient tract that allows the plaintiff to demand the owner of the servient tract to refrain from specific uses of the land.

the VETO POWER;.

Question 86

When does this VETO POWER EMERGE

Answer 86

When representations and assurances are made to the purchaser of the property that a area would not be developed. These are the kind of statements and assurances that give rise to such a negative easement

EASEMENT BY IMPLICATION

Question 87

affirmative Easements

Answer 87

Affirmative Easements
An affirmative easement gives the easement holder the right to do something on another property owner’s land. Most easements fall into this category. Examples include:

Giving the right to access or cross a certain piece of property
Allowing a utility company to draw power lines (see utility easements)
Donating natural land to an organization that preserves the environment (see conservation easements)
In the earlier example involving a landlocked property, a helpful neighbor can provide an express easement. It would be recorded as a deed with an express grant of right of way for the landlocked property owner.

Question 88

Negative Easements

Answer 88

Negative Easements
A negative easement is a promise not to do something with a certain piece of property, such as:

Not building a structure more than one story high
Not blocking a mountain view by constructing a fence
There aren’t many negative residential easements in existence today. Common examples include architectural specifications that are typically covered by rules and regulations in homeowners’ associations. These documents are usually entitled Covenants, Conditions, and Restrictions, often called CC&Rs.

Question 89

the rewarding of attorneys’ fees

Answer 89

In the absense of any statute or contract to the contrary, the court may not award attorney fees to the prevailing party.

A significant exception to this rule is the fraud case.

Attorney fees can be rewarded to the defrauded party.