Forms of Action - Part B Flashcards
what are the basic purposes of an injunction?
to get a court order either preventing someone from doing an act or directing someone to do an act
is an injunction a legal or equitable proceeding?
equitable
what court can an injunction be brought in?
cc is the only court with authority to grant an injunction
all cc’s have authority to grant injunctions as to any conduct anywhere in the Commonwealth
what kind of injunctions are there?
temporary and permanent (under temporary there is a sub-category of a restraining order)
does the plaintiff have to give a bond for an injunction?
generally must give a bond with security, unless the court determines this to be improper
what are the (6) factors a judge should consider when deciding a “prayer for a temporary injunction”?
-will there be any irreparable harm to p if the motion is not granted
-does p have an adequate remedy at law (this is an important thing for p to prove)
-likelihood of p winning on the merits
-does a balancing of equities in the matter favor p
-is granting the relief in the public interest
-is the p prepared to post an injunction bond to protect the d in the event the injunction should not have been granted
what is a wrongful death action?
if a decedent dies as the result of a tortfeasor’s wrongdoing, the personal rep of the estate may bring a cause of action agains the wrongdoer on behalf of the beneficiaries of the estate
what does the wrongful death statute focus on?
not on the damages suffered by the decedent, but on the damages suffered by the family or beneficiaries of the decedent’s estate; so not entitled to the pain the decedent went through
what defenses could the defendant have asserted?
any defenses that he could have asserted against the deceased, if he were living and brining a personal injury claim instead, can be asserted in the wrongful death action
what is the sol on wrongful death?
2 years which generally begins to run from the date the decedent actually died
where is wrongful death filed?
either in gdc or cc depending on dollar amount
is there a limit on amount of recovery for a wrongful death action?
no limit
what are the exceptions of the no limit on recovery? (2)
-decedent cannot be held liable for punitive damages
-decedent’s personal rep can seek punitive damages, but they are capped at $350,000 (Virginia’s cap)
how does the will related to the beneficiaries of a wrongful death claim?
the will has no bearing on the beneficiaries, and instead the beneficiaries are established by statute, which prioritizes people who are closely related, then those more remotely related
what are the priorities of a wrongful death claim?
1) ss, children, and children of any deceased children
2) parents, brothers/sisters, and any relative who was primarily dependent on the decedent and a member of his household
however, no parent whose parental rights and responsibilities have been terminated can be a beneficiary under this
