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VA July Bar Exam 2024 Study Cards > February 2023 > Flashcards

February 2023 Flashcards

1
Q

Criminal

the elements of Criminal Conspiracy

A

A Criminal Conspiracy.

  • An agreement
  • between two or more people
  • by concert action
  • to commit a criminal offense
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2
Q

When is a criminal conspiracy complete.

A

When the Agreement made.

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3
Q

How can co-conspirators be criminal liable for the criminal acts of their fellow co-conspirator?

A

When the act was a reasonably forseeable act in furtherance of the conspiracy .

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4
Q

How can a co-conspirator effectively withdraw from the conspiracy?

A

If he affirmatively informs the others of his intent to withdraw from the conspiracy.

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5
Q

How can a withdraw from a criminal conspiracy fail?

A

when the co-conspirator fails to effectively inform all members of the conspiracy of his intent to withdraw.

If he doesn’t he can’t escape liability for the crime when the act was a reasonably forseeable act in furtherance of the conspiracy.

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6
Q

Wills

The effect of a Transfer Upon Death Deed.

A

This allows a property owner to designate a beneficiary to receive title to certain residential property upon the owner’s death without probate hearing or trust administration.

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7
Q

The effective of a Divorce on a transfer on death deed.

A

Unless the transfer upon death deed expreslly provides otherwise, a divorce revokes any transfer to former spouse designated as a beneficiary.

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8
Q

Does the execution of a new will or writing in the manner in which a will is required to be executed revoke a prior will?

A

Yes, whether or not that document expressly revokes the prior will.

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9
Q

What makes up a Valid Holographic Will?

A

It must be entirely in the handwriting of the testator.

It must be signed by the testator.

It mst have evidence testamentary intent.

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10
Q

What sort of marks are required for a valid Holographic Will by the testator?

A

any sort of mark is allowed to indicate signature.

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11
Q

Does testamentary intent be found on the face of the will only?

A

Yes, it can’t be found by extrinstic evidence.

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12
Q

Examples of Testamentary Intent in a will.

A

No present tense used that indicates that he intends this will to be the final dcoument

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13
Q

how much of a share can a legal spouse can claim in a elective share of an decedent’s estate.

A

a surviving spouse can claim up an elective share of the estate that is is composed of 50% of the augmented marital estates.

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14
Q

A surviving spouse can claim an elective share regardless of whether
1
2

A

any provision was made for the surviving spouse in the will or

the decedent dies intestate.

But this is only for legal spouses

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15
Q

Does VA recogonize common law marriages?

Can common law spouses get an elected share

A

Does it does not. That means that common law spouses can’t get an elective share

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16
Q

Common law Marriages are what?

A

It is a agreement by two people to live together as if they are married without formal ceremony or license. And who hold themselves out as being married.

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17
Q

UCC negotiable Instruments

What makes an instrument negotiable?

A
  1. It must be in wiriting
  2. signed by the maker or drawer
  3. contained an unconditional promise or order
  4. to pay a definite amount.
  5. to order or bearer
  6. payable on demand or at definite time.
  7. without any additional undertaking or consideration.
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18
Q

What is a Holder in Due Course

A
  1. A party who took possession
  2. of an instrument for value
  3. in good faith
  4. without notice that
  5. the instrument contained a defect including whether it had been dishonored.
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19
Q

What are holders entitled to

A

They are entitled to enforce the instrument against the maker.

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20
Q

What defenses can be used against mere holders?

A

simple contract defenses.

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21
Q

What makes a instrument negotiable?

A
  1. It must be in writing,
  2. it must be signed by the maker or drawer
  3. It must contain an unconditional promise or order
  4. to pay a fixed amount of money.
  5. to an order or a bearer
  6. at a definite time
  7. without any additional undertakings or instructions.
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22
Q

A Holder in Due Course is what?

A

A party who takes possession of an instrument in good faith and without notice that the instrument had some sort of defect.

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23
Q

What if there is an element missing in the Holder of Due course

A

Then, they are just a simple holder. And they can’t use any real defenses. A holder can enforce payment of the original obligation.

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24
Q

What is a Check

A

a check is an order instrument which rquries for there to be an endorsement by the holder and a transfer to the subsequent party in order to be negotiate.

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25
Q

VA Civil Procedure

Motion to dismiss for lack of personal jurisdiction.

A

You need a VA long arm statute and Constitutional Jurisdiction.

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26
Q

VA Long arm Statute

A

https://law.lis.virginia.gov/vacode/title8.01/chapter9/section8.01-328.1/

Causing a tortious injury in VA either by act or omission.

If the injury occurred out of state (by act or omission), then if he regularly engages in business in VA or engages in any kind of persistent course of conduct in VA or deprives substantial revenue from goods or services rendered in VA.

Transacts any sort of business in VA

Deals in any sort of realty in VA or posssessing any sort of property in VA.

Contracts to supply services or things in VA.

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27
Q

Consitutional Jurisdiction

A

There must be sufficient contacts between the forum state and the Defendant in order to meet sufficient standards of reasonableness and justice.

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28
Q

VA Long arm statute, jurisdiction over a out of state Defendant.

A

If the non resident regularly does business in VA, or solicits business or engages in any sort of presistent contact with VA.

The torfeaser coused tortious injury in the commonwealth by act or omission .

If tortfeaser caused tortious injury in the commonwealth by act of omission outside of the state then, if the non resident regualy does or solicits business, or engages in any other persistent course of conduct or derives substnatial revenue from goods used of consumed or services rendered.

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29
Q

Waiving objection to Personal Jurisdiction

A

By entering a general appearance in the case by either filing an answer and conducting discovery.

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30
Q

Objection to Venue

A

Objection to Venue and not motion to dismiss for improper venue.

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31
Q

How to file an objection to Venue

A

A defendant must file an objection to venue within 21 days of service of process upon the defendant.

In its pleading, it must set out the grounds where it believes venue to be proper

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32
Q

What is a Demurrer

A

A demurrer challegnes the legal sufficiency of a complaint.

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33
Q

Who must file a wrongful death action

A

Every action for wrongful death must be filed in the name of the personal representative and not the decedent.

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34
Q

When must a wrongful death action be filed.

A

It must be filed within 2 years of the date of death.

35
Q
A
36
Q

Professional Responsibilty

VRPC RULE 1.6a

A

A lawyer must not reveal information protected by attorney client privilege or information revealed to him in a profesional realtionship that the client requested to be held inviolate or if the disclosure would be embarressing.

37
Q

VPRC RULE 1.6(b) (c)

A

Attorney are allowed to disclose confidential information to prevent substantial bodily harm to another or substantial injury to the financial interests or property interests of another.

38
Q

While a lawyer may not make frivolous arguments in court, they can ….

A

defend the proceeding are to require every element of the case be established.

39
Q

A lawyer can’t collect contingency fees for these cases?

A

This include domestic relations and criminal cases.

40
Q

In regard to conduct that is criminal and fraudulent, attorney

A

An attorney must not assist a client in conduct that the lawyer knows is criminal or fraudulent.

41
Q

In regard to the client’s criminal and fraudulent activity that the attorney is aware of,

A

the attorney might have an obligation to disclouse such activity if he believes that such activity is criminal and is reasonably certain that it would result in death or substantial bodily harm to another or substantial harm to the property or financial interests of another.

42
Q

In regard to the client’s criminal and fraudulent activity, the attorney may/may not give relevant moral and ethical consideration in giving advice.

A

May

43
Q

Regarding any business transactions with a client, the attorney would need to exercise caution.

A

An attorney shall not enter into a business relationship with the client or obtain a business interest adverse to the client unless various conditions are met to ensure fair and reasonable treatment for the client.

44
Q

Evidence

What is hearsay

A

hearsay is a out of court statement, verbal or non verbal, offered for the truth of the matter assered.

Not made by the person testifying.

45
Q

What is an excited utterance

A

a spontaneous statement prompted by a startling event and made by a declarant with first hand knowledge of the time and circumstances negating the need for deliberation.

46
Q

When hearsay is offered, the court must do what?

A

They must first authenticate or identify the declarant

47
Q

The Elements of Hearsay

A

It is an out of court statement offered for the Truth of the Matter asserted.

Verbal and nonverbal and not made by the person testifying

48
Q

What is Party Admission

A

This is an out of court statement by the criminal defendant and is an exception to the hearsay.

It is admissible.

49
Q

Non verbal conduct can be considered a statement?

A

A statement can be an oral or written assertion or non verbal conduc

50
Q

Admissibilty of a Video would require what?

A

It would require authentication, by preponderance of evidence.

51
Q

Torts

The elements of Battery

A

Battery is an voluntary act with the intent to commit an harmful or offensive contact and it results in harmful or offensive contact with another person.

52
Q

The elements of Assault

A

Assault is a voluntary act with the intent to cause an harmful or offensive contact that results in reasonable apprehension of such contact in a person.

53
Q

The transfer of intent doctrine

A

Under this doctine, the intent to cause an intentional tort against one person is transfer to the person who actually suffered the contact or to whom the tort was actually committed.

54
Q

mitigation of damages

A

a defense to intentional torts because the Plaintiff has a duty to mitigate damages in a personal injury action by submitting to a reasonable medical exam.

55
Q

The elements of a prima facie case of Neglience

A

Duty on part of the defendant to conform to a specific standard of conduct for the protection of the plaintiff

A breach of that duty

That the breach is the proximate and actual cause of the plaintiff’s injuries

The injury resulted.

56
Q

Proximate Cause

A

The proximate Cause of an event is the act or omission which, in natural and continuous seqeuence, unbroken by an efficient intervening cause, produces the event, and without which that event wouldn’t have occured.,

57
Q

Forseeable Victim

A

Is the victim within the zone of forseeable harm

58
Q

the Doctrine of Contributory Negligence

A

defense of mitigation damages?

Look this up on Google

59
Q

Intentional Infliction of Emotional Distress

A

There was a voluntary act amounting to extreme and outragous conduct

That content was committed intentionally or recklessly

That the conduct went beyond all bounds of common decency and utterly intolerable in a civilized society

Beyond the means for a reasonable person to endure.

60
Q

Examples of such conduct include …..

A

attacking children, attacking the elderly, and based on the cirsumstances and the knowledge of the tortfeaser.

61
Q

Mere insults are not sufficient for …

A

Intentional Infliction of Emotional Distress.

62
Q

Local Government

Do local municipalities have sovereign immunity for recreational facilities?

A

Yes, although sovereign immunity does not apply for claims of gross negligence.

63
Q

What are considered recreational facilities

A

pickleball complexs, arenas, poolls. city boardwalk, municipal hall.

for the purposes of entertaining the public.

64
Q

Gross Negligence Standard

A

The person can only be liable for slight dilgience.

It is a degree of negligence that shows an utter disregard for prudence amounting to complete neglect of the safety of another.

a heedless and palpable violation of legal duty respecting the rights of others.

65
Q

Gross Negligence in Relation to Open and Obvious Dangers

A

When the Danger is open and obvious, it does not constitute gross negligence.

66
Q

Failure to provide notice defense

A

This is when the Government can prove the that the defendant failed to give required notice.

67
Q

The Notice Requirement in regards to Negligence Claim against the local government

A

Within 6 months of the incident/accident, you must provide written notice that notes the time, place, and manner of the claim.

The purpose is to give the local government time to investigate the circumstances that gave rise to the incident

68
Q

exceptions to notice requirement

A

failure to provide notice doesn’t block a negligence claim against local gov if it notice was delivered by other means.

For instance, if the top executive of the city had actual knowledge of the claim, including the nature, time, place. The injuries.

Within six months.

69
Q

Busisness Organizations

How to form a Corporation

A

Must file the articles of incorporation with the State Corporation Commission and pay the registration fee.

The articles must include the name of the corporation, including the designation that it is a corporation, the number of authorized shares, and the registered agent and office.

APAIN

Authorized Shares

Preferences of those shares

Registered Agent and office within VA

Incorporators - details and names and addresses

Name of the corporation must indicate that it is a corproration.

70
Q
A
70
Q

How to Form a Limited Liabilty Corporation

A

The parties must file the articles of incorporation with the State Corporation Commission and pay the required fee.

The articles of incorporation must include the names LLC that indicates that it is an LCC

The registered Agent and office and the prncipal office of the LLC

71
Q

How to form a General Partnership

A

No filing is required. The parties must simply must intend and operate a business for profit as co-owners.

72
Q

How to form a Limited Partnership

A

To form a limited partnership, the parties must have filed a certificate of limited partnership with the State Corporation Commission and paid the required fee.

73
Q

What must the Certificiate of Limited Partnership Include

A

It must include designation that it is a limited partnership

The Registered Agent and office

the principal office of the limited partnership

and the name and address of each general partner.

74
Q

Protection from Liabilty in a General Partnership

A

Partners have unlimited personal liability for the debts of the partnership. Thus, if the investors chose to operate their business like a general partnership, they each will be jointly and severally liable for the debts of the business.

75
Q

Protection from liability in a limited partnership

A

two classes of owners, limited partners and general partners, and limited partnerships must have at least one general partner and one limited partner.

76
Q

Protec

Protection from Liability in a Limited Partnership Two

A

Limited partners enjoy limited liability and typically are not liable for the debts of the partnership.

So investors can limit their personal liabilty by forming another limited corporation to serve as the general partner in a limited partnership.

77
Q

protection from liabilty in a corporation

A

Shareholders are generally not liable for the debts of the corporation.

This isn’t absolute though, there are exceptions such as circumstances that would pierce the corporate veil or when the shareholders agree to make themselves liable.

78
Q

Piercing the corporate veil

A

A court would pierce the corporate veil, thus disregarding the corporation and hold the shareholders directly liable for the debts of the corporation if

The shareholders fail to observe the separation of the corporation, and use the corporation to perpetrate fraud and injustice.

79
Q

Protection from Liability in a LLC

A

members also enjoy limited liabilty and are not personally liable for the debts of the business.

But they can lose limited liabilty protections if they fail to treat the LLC as a seperate entitey and misuse the limited liabity orm to perpetrate a fraud or injustice.

80
Q

The distribution of profits and losses in a Corporation

A

The owners and shareholders would be issued shares of stocks based on their percentage of owenrship interest in the corporation.

Directors may issue dividends, generally payable in cash, based on the number of shares each shareholder has. Corporate shareholders don’t bear losses directly

81
Q

The Distribution of profits and losses in a Limited Liability Company.

A

profits and losses are allocated based on the value of each member’s contribution tothe company.

82
Q

Distrubution of profits and losses in a General Partnership

A

partners in a general partnership share profits equally and the share losses the same way.

83
Q

Distrubution of profits and losses in limited partnership

A

default rule is that profits and losses are allocated according to the value of each partner’s contribution to the partnership.

VA July Bar Exam 2024 Study Cards (23 decks)

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