July 15 Flashcards
An order is final after …
… it is signed by the judge and contain language indicating that the case is to be concluded by the order.
However, the court retains control to modify, vacate, or suspend a final order for 21 days after entry and no longer, unless there is express language in the order stating that the court will retain jurisdiction over the case past the 21-day period (any post-trial motion will toll the 21-day period).
Entry is defined as the date the judge signs the order.
A will can be revoked to the extent that …
… it is inconsistent with the terms of a later writing that meets the requirements of an attested or holographic will.
A jury trial is ___ to allow for both a ___ and ___, where . . .
…bifurcated… guilt … sentencing phase, …. upon the defendant’s and the Commonwealth’s consent, the same jury will decide the punishment, but the judge can be allowed to determine the sentence. Thus, a defendant is entitled to have the jury decide only the issue of his guilt or innocence, and to have the judge determine the sentence.
The Commonwealth bears the burden of proof ___ that a confession was made after …
… beyond a reasonable doubt … (1) a waiver of the Miranda warnings, and (2) that the confession was voluntary.
However, any promises, threats, or coercion will negate voluntariness.
Under the Sixth Amendment, a defendant has the right to …
… to be present at any stage of the trial that would enable the defendant to directly encounter and effectively cross-examine adverse witnesses.
A denial of the opportunity to cross-examine a prosecution witness with regard to bias violates the Confrontation Clause.
For any ___ by juveniles ___ at the time of the offense, the court may adjudicate guilt and impose a sentence.
However, upon the ___ before a ___, the court may hold a ___ to determine whether ___.
felonies … 14 years of age or older.
… Commonwealth’s motion … hearing on the merits … transfer hearing to determine … to retain jurisdiction or transfer the proceeding to the circuit court.
If requested by ___ by the Commonwealth, the Court must conduct a ___ if a juvenile who was ___ at the time of the offense is charged with certain ___ crimes.
[what does the court look for and what happens if it does?]
… written notice … preliminary hearing… 16 years of age or older … violent .
If probable cause is found at that hearing, the case must be certified to the circuit court for trial.
The GDC does not have jurisdiction over a juvenile defendant.
A security interest in a deposit account can be perfected only by ___. A secured party has ___ of a deposit account account if …
…control.
…. (1) the secured party is the bank with which the deposit account is maintained, (2) the bank (i.e., the secured party), and the debtor agreed in writing to follow the instruction of the secured party, or (3) the secured party becomes the bank’s customer with respect to the deposit account.
Generally, the financing statement must contain …
However, when the collateral is related to real property, the financing statement must also include …
… (1) the debtor’s name, (2) the name of the secured party, and (3) the collateral covered by the financing statement.
… (1) an indication that it covers this type of collateral, (2) an indication that it is to be filed in the real-property records, (3) a description of the real property to which the collateral is related, and (4) the name of the record owner, if the debtor does not have an interest of records in the real property.
Although article 9 is usually limited to ___, it does apply to a security interest in a secured obligation, such as ___.
However, Article 9 does not apply to property that has been ___ to real property.
Fixtures are perfected by ___.
… personal transactions, … a promissory note secured by a mortgage.
… permanently affixed …
… filing a financing statement. Further, for collateral related to real property to be perfected, a financing statement must be filed with the office for recording a mortgage on the related real property in addition to the Virginia Corporate Commission.
An ___ is an interest in farm products that secures payment or performance of an obligation for either …
… agricultural lien … (1) goods or services furnished with respect to the debtor’s farming operation or (2) rent on real property leased by a debtor in connection with a farming operation.
A PMSI may exist when …
… (1) a SP gave value to the debtor to enable the debtor to acquire rights in or use of the goods, and the value given was so used; or (2) a SP sold goods to the debtor, and the debtor incurs an obligation to pau the SP all or part of the purchase price.
A note may meet the requirements of a security agreement because it …
… (1) is a record, (2) contains a description of the collateral, and (3) is authenticated by the debtor.
There’s a three-part test to determine whether to enforce an oral promise. The party ___ must show that …
… seeking enforcement … (1) the agreement is certain and definite in its terms, (2) they performed pursuant to the agreement , and (3) that the failure to enforce the agreement would amount to fraud.
A claim for quantum meruit arises when …
A court may allow restitution recovery if …
… one party confers a benefit on another and has a reasonable expectation of compensation, and allowing the benefitted party to receive the benefit without any cost would be unjust.
… (1) the plaintiff has conferred a measurable benefit on the defendant, (2) the plaintiff acted without gratuitous intent, and (3) it would be unfair to let the defendant retain the benefit because the defendant had an opportunity to decline the benefit but knowingly accepted it, or the plaintiff had a reasonable excuse for not giving the defendant such opportunity.
