July 16

Question 1

The Virginia Freedom of Information Act (FOIA) guarantees ___ and ___ access to public records maintained by a ___.

The FOIA broadly defines “public body” to include …

As with the definition of “public bodies,” the FOIA broadly defines “public records” to include …

Answer 1

… Virginia citizens and media representatives … public body.

… any legislative body, authority, board, bureau, commission, district, or agency of the Commonwealth or of any political subdivision of the Commonwealth, including cities, towns, and counties.

…all writings and recordings, however stored, and regardless of physical form or characteristics, prepared or owned by, or in the possession of a public body or its officers, employees, or agents in the transaction of public interest.

Question 2

While ___ is subject to equitable distribution by the court, as one aspect of an absolute divorce, ___ is not.

Separate property includes real and personal property acquired ___ marriage as well as ___ for reasons “___,” such as passive appreciation in the property’s value.

Answer 2

… marital property … separate property …

… before … income from and the increase in value of separate property … “not attributable to the personal efforts of either party”

Question 3

When ___ property increases in value due to the ___ or ___, the increase in value will be ___ property (and subject to equitable distribution) if it was a ___.

What is the burden of proof?

Answer 3

… separate property … significant personal efforts of either party or contributions of marital property… marital property … substantial appreciation.

The non-owner spouse has the burden of proof to show that contributions of marital property or personal effort were made and the separate property increased in value. The burden then shifts to the owner spouse to show that the increase in property value was not caused by personal efforts or contributions of marital property.

Question 4

Generally, the court determines the value of marital property as of the date ___. However, upon motion of ___ party showing ___, the court may order that a different valuation date be used.

Answer 4

…of the evidentiary hearing on valuation.

…either … good cause

Question 5

An ___divorce may be decreed upon the application of ___ party to a marriage if …

If a party has filed suit for divorce based on ___ and, while the suit is pending, the parties have ___, a Virginia statute specifically recognizes that ___ party may ___, and the statute provides that a party may do so even without …

Answer 5

… absolute … either … the spouses have lived separate and apart without any cohabitation and without interruption for one year.

… fault grounds … satisfied the grounds for a no-fault absolute divorce … either … petition the court for a no-fault absolute divorce … seeking leave to amend the bill of complaint or cross-bill (i.e., a party may amend/modify the reason for divorce).

Question 6

The trial court, in disposing of a request for spousal support, must consider 13 factors set forth by statute, including but not limited to …

Additionally, ___ by either party must be considered when determining whether to award spousal support. No spousal support may be awarded to a spouse who commits ___ outside the marriage unless ___ based on the spouses’ respective degrees of ___ during the marriage and their ___.

Answer 6

(1) the obligations, needs, and financial resources of the parties, (2) their standard of living established during the marriage, (3) the duration of their marriage, (4) the property interests of the parties, (5) each party’s contributions to the family, (6) the earning capacity of each party, (7) the provisions made regarding the marital property, etc.

… fault … adultery, sodomy, or buggery … the court determines from clear and convincing evidence that the denial of spousal support to the guilty party would constitute a “manifest injustice” … fault … relative economic circumstances.

Question 7

Any order granting, reserving, or denying a request for spousal support must be accompanied by ___ and ___.

Additionally, if a stipulation or contract signed by ___ is filed before ___, no decree ordering spousal support and maintenance or imposing any monetary or nonmonetary condition can be made except ___.

Answer 7

… written findings and conclusions of the court identifying the statutory factors that support the court’s order… provide an explanation of its resolution of any significant underlying factual dispute.

… the party to whom such relief might otherwise be awarded … entry of the final divorce decree … in accordance with that stipulation or contract.

Question 8

___ parents are legally required to support their minor children. As such, parents cannot ___, and while parents can enter into private agreements regarding the payments, they cannot agree to ___.

Answer 8

Both … bargain away child support payments … any release or compromise that would negatively affect the child’s welfare.

Question 9

A debtor, secondary obligor, or any other secured party has the right to ___.

To ___, the ___ must fulfill…

Answer 9

… redeem collateral.

… redeem … redeemer … all obligations secured by the collateral and reasonable expenses incurred by the secured party in retaking the collateral or preparing it for its disposition.

Question 10

Generally, the test for timeliness of a notification of a disposition is ___. The notification should be sent …

Answer 10

… reasonableness.
… sufficiently far in advance of the disposition to allow the notified party to act on the notification.

Question 11

A lawyer ___ if continuing the representation will violate Virginia professionalism rules. Accordingly, if a client insists on a course of action despite the lawyer’s ethical objections, withdrawal would be ___.

Answer 11

… must withdraw … necessary.

Question 12

If a lawyer ___ withdraw, they should immediately …

Answer 12

… must … (1) notify the client of their withdrawal, (2) seek leave of court to do so, and (3) take reasonable steps to minimize the harm to the client resulting from the termination of representation, including (i) protecting the client’s confidentiality, (ii) returning the client’s files, (iii) returning the lawyer’s work product, records, and any unearned fees, and (iv) assisting the client while they seek to secure new counsel.

Question 13

A lawyer shall not make or offer an agreement in which broad restriction on ___, except when such restriction is ___.

Further, Virginia law prohibits a lawyer from agreeing not to represent …

Answer 13

… the lawyer’s right to practice is part of the settlement of a controversy … approved by a tribunal or a government entity.

… other clients in connection with settling a claim on behalf of a current client.

Question 14

Unlike a finder, a thief …

As such, someone who does not have good title cannot …

However, a bona fide purchaser who lacks notice of the conversion can acquire good title if …

Answer 14

… never has rights to property they have acquired.

… transfer it to another.

(1) the property is money or a negotiable instrument, (2) the converter acquired title by fraud in the inducement, or (3) the true owner entrusted goods to a seller of goods of that kind and the purchaser is a buyer in the ordinary course of business.

Question 15

Unowned property is “captured” and becomes a possession when …

Answer 15

… an individual manifests the intent to own it by exercising actual or constructive dominion and control.

Question 16

A ___ is someone who has obtained possession of property against everyone but the true owner. T

The ___ has the right to sue someone who ___.

A ___ has a duty to ___ or ___. If the ___ neglects to finds the true owner, ___.

Answer 16

… quasi-bailee …

… quasi-bailee … may have wrongfully taken the property from him, as long as it is not the true owner.

… quasi-bailment … locate the true owner if he might know or have reasonable means of finding out the identity of the true owner.

… quasi-bailee … then charges may be brought against them.

Question 16

Accession is the process of ___.

Generally, the accession of materials to an owner’s goods, whether in the course of repairs or otherwise, transfers ___.

In cases of a trespasser (i.e., the person ___), the owner retains title.

However, a trespasser may claim title to the goods in cases where the property has been …

Answer 16

… adding value to property by the expenditure of labor or adding new materials.

… ownership of the materials accessed to the owner of the original goods on which the work was done.

… mistaken about original ownership ..

… greatly increased in value by an innocent (good faith) trespasser.