LEXBAR Concepts & Rules Quizzes

Question 1

At the end of a Virginia Circuit Court trial, when the losing party wishes to file a motion to set aside the verdict, how long do they have to do so?

Answer 1

Within 21 days after the entry of judgment

After entry of a final judgment, a case “rests in the breast of the court” for 21 days. After the 21 day period, the trial court has no further jurisdiction over the case. So the motion must be filed within 21 days of the court entering its judgment

Question 2

“For Cause” Strike

Answer 2

When a potential juror is related to a party, has any interest in the case being tried, or has expressed an opinion or bias in the matter, he can be stricken from the panel for cause.

Question 3

To appeal a civil judgment from a Virginia Circuit Court, a party must file a notice of appeal in the Circuit Court within 30 days of the judgment being appealed from and then:

Answer 3

File an Appeal Brief in the Virginia Court of Appeals

As of January 1, 2022, all civil appeals go first to the Virginia Court of Appeals as of right. No petition is required.

Question 4

Virginia’s General District Courts have exclusive subject matter jurisdiction for claims up to and including:

Answer 4

$4,500 not including any interest and attorney’s fees demanded

(RULE) The Virginia General District Courts have “[e]xclusive original jurisdiction of any claim to specific personal property or to any debt, fine or other money, or to damages for breach of contract or for injury done to property, real or personal, or for any injury to the person that would be recoverable by action at law or suit in equity, when the amount of such claim does not exceed $4,500 exclusive of interest and any attorney’s fees contracted for in the instrument. . .” Va. Code

Question 5

Jim wants to appeal his personal injury case from the final judgment in the Virginia Circuit Court. What MUST Jim do to perfect his appeal?

Answer 5

1. Post a bond for costs in the trial court
2. File a Notice of Appeal in the Circuit Court Clerk’s Office within 30 days of entry of the Circuit Court’s Final Order
3. File his appeal brief in the Court of Appeals
4. Make any transcript part of the trial court’s record by filing it within 60 days of entry of the final order, or file a “statement of the incidents of trial” within 55 days from the entry of the final order with notice to counsel of presenting it to the judge for certification

Question 6

Mabel agrees with her son that she will devise her house to him in her will. For this agreement to be an enforceable contract, the contract must be:

Answer 6

1. based on valuable consideration
2. certain and definite as to its terms
3. in writing
4. proved by clear and convincing evidence
5. signed by Mabel

“A contract to make a will is controlled by the same rules and principles and is enforceable as other contracts. Thus, in order to be enforceable the contract must be certain and definite, based on a valuable consideration and the proof thereof must be clear and convincing. Ordinarily, if the contract involves real estate it must be in writing, but if in writing, it is sufficient if signed only by the decedent.”

Question 7

The minimum requirements for validly executing a will that is not wholly in the testator’s handwriting are:

(All that are always required for valid execution of a will)

Answer 7

1. Signed or acknowledged by the testator
2. Two witnesses present when signed or acknowledged

A will not wholly in the testator’s handwriting is not valid unless the signature of the testator is made, or the will is acknowledged by the testator, in the presence of at least two competent witnesses who are present at the same time and who subscribe the will in the presence of the testator. No form of attestation of the witnesses shall be necessary

Question 8

True or False: A non-resident of the Commonwealth may qualify and act as a trustee under a will in probate proceedings within the Commonwealth

Answer 8

True

A natural person who is not a resident of the Commonwealth may be appointed or allowed to qualify or act as the personal representative, or trustee under a will, of any decedent, or appointed as the guardian of an infant’s estate or the guardian or conservator of the property of an incapacitated person. However, pursuant to this subsection, the out of state personal representative would have to post a surety bond even if that requirement were waived in the will, and designate an in-state agent for service of process or co-qualify with an in-state co-executor

Question 9

Wills must be probated in which court?

Answer 9

The Circuit Court

The circuit courts shall have jurisdiction of the probate of wills

Question 9

Sort the following answers into the order in which they must be considered when deciding where to probate a will.

A decedent’s will shall be probated in the County or City where:

the decedent owns real estate
the decedent has a place of residence
the decedent died

Answer 9

The decedent has a place of residence
The decedent owns real estate
The decedent died

A will shall be offered for probate in the circuit court in the county or city wherein the decedent has a known place of residence; if he has no such known place of residence, then in a county or city wherein any real estate lies that is devised or owned by the decedent; and if there is no such real estate, then in the county or city wherein he dies or a county or city wherein he has estate

Question 10

For the purposes of probate, a decedent’s presumed place of legal residence after moving into a nursing home is:

Answer 10

The same city or county as before he moved to the nursing home

Where any person has become, either voluntarily or involuntarily, a patient in a nursing home, convalescent home, or similar institution due to advanced age or impaired health, the place of legal residence of the person shall be rebuttably presumed to be the same as it was before he became a patient