July 23

Question 1

Every claim against any locality for negligence is barred unless the claimant files

Answer 1

a written statement of the nature of the claim, including the time and place at which the injury is alleged to have occured, within six months after such cause of action accrued

Question 1

The statement must be filed with the county, city, or town attorney or with the

Answer 1

chief executive or mayor of the county, city, or town

Question 2

The notice is deemed ___ when it is received in the office of the official to whom the notice is directed.

Answer 2

filed

Question 3

The burden of proof is on the claimant to establish ________

Answer 3

receipt of the notice

Question 4

If a party files and serves their lawsuit within six months of the accident, he can argue that the ____ and _____of the lawsuit satisfies the notice requirement

Answer 4

filing, service

Question 5

Provided that the _____, ______, or _____… or any insurer or entity providing coverage or indemnification of the claim, had _______ of the claim… within six months, “ the claim would still be able to proceed

Answer 5

attorney, chief executive, mayor

actual knowledge

Question 6

Mr. Jones must file suit within the first two years after the accident

For example, the statute of limitations in Va. code 8.01-243 under 8.01-243, Mr. Jones must file suit within the first ___ ____ after the accident

Answer 6

two years

Question 7

The statute may be ____ for the time that Mr. Jones was _____ in the hospital

Answer 7

Unconscious

Question 8

Notice of the ______ requirement under va code 15.2-209 applies only to Mr. Jones claim against the city, not to Mr. Jones claim against Mr. Youngblood, an individual City employee.

Answer 8

Claims requirement

Question 9

sovereign immunity applies to the discretionary

Answer 9

acts of government employees

Question 10

A court determining whether a government employee is entitled to sovereign immunity must consider

Answer 10

1) the nature of the function the employee performs

2) the extent of the governments interest and involvement in the function

3) the degree of control and direction exercised over the employee by the government

4) whether the act in question involved the exercise of discretion and judgement

Question 11

a defendant may plead as a counterclaim any cause of action

Answer 11

the defendant has against the plaintiff whether or not it arises out of the same transaction that is the subject of the plaintiff’s complaint and whether it is in the tort or contract.

Question 12

While a counterclaim arising out of the same transaction identified in plaintiff’s complaint will relate back to the date the complaint was filed for purposes of

Answer 12

the statute of limitations

Question 13

Under Virginia procedural rules a party may take a nonsuit during trial before a motion to strike the evidence

Answer 13

has been sustained or before the jury retires from the bar

Question 14

Under Virginia procedural rules, a party cannot nonsuit a cause of action, without the consent of the adverse party who has filed a counterclaim,

Answer 14

if the counterclaim arises out of the same transaction or occurence as the claim of the party seeking to nonsuit

*This rule does not apply if the counterclaim can remain pending for independent adjudication by the court.

Question 15

Under the Virginia procedural rules, a plaintiff has one

Answer 15

nonsuit as a matter of right if done so timely

Question 16

Pursuant to Virginia law, any gift, conveyance, assignment, or transfer made with the actual intent to

Answer 16

hinder, delay, or defraud creditors is considered fraudulent.

Question 17

Transfers between an indebted husband and

Answer 17

his wife are presumed to be fraudulent and are voidable at the suit of either existing or future creditors.

Question 18

This presumption of fraudulent intent can be rebutted if the wife shows that she _____ for the transfer or that it was a _____ gift

Answer 18

gave consideration, bona fide

Question 19

As the lender was a present creditor at the time of the transfer, Lender can file a motion to set aside the transfer as ____ or _____

Answer 19

fraudulent, voluntary

Question 20

Lender can file a motion to set aside the transfer… They need to establish ____, ____, and _____ evidence of David’s fraudulent intent through these badges of fraud.
If successful, the title to the property ________ to David.

Answer 20

clear, cogent, convincing

will be restored

Question 21

A conveyance or transfer may be avoided for the benefit of any creditor unless the conveyance is made to a ______ who …..

Answer 21

bona fide purchaser

pays a consideration without notice or knowledge of the fraudulent intent of the grantor.

Question 22

Under Virginia Law, property held as tenancy by the entireties can only be used to satisfy

Answer 22

joint debts of the husband and wife

Question 23

An individual spouses debt can or cannot be enforced against property held as tenancy by the entireties?

Answer 23

Can

Question 24

Any affirmation of fact or promise made by the seller to the buyer which relates to the ____ and becomes ______ of the bargain creates an express warranty that goods shall

Answer 24

goods
part of the basis
conform to the description

Question 25

It ____ necessary to the creation of an express warranty that the seller use formal words such as “warrant” or “garauntee” or that he have

Answer 25

is not

specific intention to make a warranty

Question 26

A statement purporting to be _______ or condemnation of the goods does not create a warranty

Answer 26

merely the sellers opinion

Question 27

“Where the seller at the time of contracting has reason to know any particular purpose for which the good are required and that the buyer

Answer 27

is relying on the seller’s skill or judgement to select or furnish suitable goods, there is unless excuded or modified under the next section an implied warranty that the goods shall be fit for such purpose

Question 28

When the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regards to

Answer 28

defects which an examination ought in the circumstances to have revealed to him

Question 29

Merchant, under Va code 8.2-104

Answer 29

“means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill

Question 30

The tractor was unfit for its ordinary purpose so as to

Answer 30

pass without objection in the trade

Question 31

Parties may recover damages under VA code 8.2-714 measured by ___ as well as

Answer 31

“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 warranted”

incidental damages

Question 32

incidental damages under Va code 8.2-715

Answer 32

“damages resulting from the sellers breach include expenses reasonably incurred inspection, receipt, transportation, and care and custody of goods rightfully rejected,
any commercially reasonable charges, expenses or commissions in connection with effecting cover and any other reasonable incident to the delay or other breach

Question 33

Willa’s best argument is that at the time of marriage, without her knowledge,

Answer 33

Harold had conceived a child who was born to someone other than his spouse within 10 months of the date of the solemnization of the marriage

Question 34

Harold will argue that Willa is not entitled to an annulment based on the felony conviction because the statute only applies

Answer 34

when the other spouse was not aware of the felony conviction prior to the marriage

Question 35

An annulment cannot be granted on any grounds set forth in 20-89.1(B) if the parties

Answer 35

cohabited together after learning of the facts constituted grounds for annulment

Question 36

Marital property is determined as of the date of

Answer 36

the last separation of the parties

Question 37

When the testator makes a specific bequest, and the identified property is not part of the testators estate at her death, the gift is adeemed, and the beneficiary receives ____.

Answer 37

nothing

Question 38

Ademption by extinction can occur by an intentional act of the testator, including when

Answer 38

an intervivos gift of the property is made to another.

Question 39

An intervivos gift occurs when there is

Answer 39

1) donative intent

2) delivery

3) acceptance

Question 40

The surviving spouse of a testator who dies domiciled in the commonwealth may claim

Answer 40

an elective share in the spouse’s augmented estate.

Question 41

The surviving spouse of a testator who dies domiciled in the commonwealth has a right to take an elective share amount

Answer 41

equal to 50% of the value of the marital property portion of the augmented estate

Question 42

For a testator who dies domiciled in the commonwealth has a right to take an elective share amount ….

Answer 42

six months from the time of the admission of the will to probate

Question 43

If the surviving spouse exercises their right to election, the surviving spouse’s _____ , if any, are in addition to the elective share

Answer 43

• homestead allowance
• exempt property
• family allowance

Question 44

If a surviving spouse willfully deserts her spouse and such desertion continues until the death of the spouse, the party who deserted the deceased spouse shall be barred of all interest in the estate of the other by the

Answer 44

• intestate succession
• elective share
• exempt property
• family allowance
• homestead allowance

Question 45

The issue is whether the trust is invalid and jack can receive his share of the estate to outright. A will that adds property to an existing trust is known as a

Answer 45

pour over trust.

Question 46

In order to create a pour over trust, it must be

Answer 46

• in writing
• identified under the will
• executed before or concurrently with the will

Question 47

The trust does not need to be executed in accordance with the same formalities

Answer 47

as a will

Question 48

A trust is created when

Answer 48

1) The settlor has capacity to create a trust

2) The settlor has the intent to create a trust

3) The trust has a definite beneficiary (or is an honorary or charitable trust)

4) The trustee has duties to perform

5) The same person is not the sole trustee and sole beneficiary

Question 49

A pour over trust can also be revocable and unfunded at the time it is created. In a support trust, the trustee can only distribute

Answer 49

so much income as is necessary per the terms of the trust, which may include those needed for the beneficiary’s education, health, and support

Question 50

A spouse cannot be intentionally disinherited from the decedents estate. The surviving spouse is entitled to increasing percentages from the fifty percent elective share based on

Answer 50

the amount of time they were married to the decendent

Question 51

For a surviving spouse that was married 15 years or longer, she is eligible to receive

Answer 51

the full 50% of the elective share of the decendent’s estate

Question 52

The attorney-client privilege covers

Answer 52

1) a communication

2) made between privileged persons

3) in confidence

4) for the purpose of obtaining or providing legal assistance

Question 53

Larry has an ethical obligation to assert the attorney-client privilege to prevent

Answer 53

disclosure

Question 54

Facts of the case are not

Answer 54

“communications”

Question 55

The supreme court of Virginia has on many occasions reaffirmed the rule that:

Answer 55

“the privilege is waived where the communication takes place under circumstances such that persons outside the privilege can overhear what is said.”

Question 56

The work-product doctrine applies to

Answer 56

1) documents
2) prepared by a lawyer or the lawyers team
3) in anticipation of litigation.

The doctrine protects covered materials from discovery unless opposing counsel can show they have substantial need for the materials and cannot, without undue hardship, obtain their substantial equivalent by other means

Question 57

The work-product doctrine protects

Answer 57

The doctrine protects covered materials from discovery unless opposing counsel can show they have substantial need for the materials and cannot, without undue hardship, obtain their substantial equivalent by other means

Question 58

The private investigator hired by Larry would be considered part of the legal team representing Carla. Thus, communications between Carla/Lary/Investigator would be considered made

Answer 58

“in confidence” and thus potentially protected from disclosure

Question 59

The defendant should begin by pointing out that Rule 15 provides that the court should freely grant leave to amend

Answer 59

a pleading when justice so requires

Question 60

Rule 15 provides that the court should freely grant leave to amend… That means that leave should be given unless

Answer 60

there is some special reason not to do so, such as undue prejudice, futility, undue delay, or bad faith.

Question 61

Assumed for purposes of subpart (b) that the court has granted leave to amend the answer. Otherwise,

Answer 61

The defendants failure to assert Rule 8(c) affirmative defenses in its answer would ordinarily result in waiver, unless the court finds a reason to excuse the failure, (which would require an analysis that largely replicates the prejudice analysis ‘above’)

Question 62

Summary judgement should be granted if the record show no genuine issue of material fact such that

Answer 62

the moving party is entitled to judgement as a matter of law.

Question 63

Under that standard, the defendant should argue that the facts admitted by the plaintiff in her deposition, even taken in the light most favorable to her, show that she failed

Answer 63

to behave reasonably to protect her own safety (contributory negligence) and that she appreciated the risks of her actions yet voluntarily proceeded anyway (assumption of the risk)

Question 64

Summary judgement should be granted if the record show no genuine issue of material fact…
the plaintiff should begin by pointing out that these defenses are ordinarily treated _____

Answer 64

as matters of fact