Limitations on actions

Question 1

Laches

Answer 1

equitable defense if a party waited too long to bring the claim and it would be unfair to permit the claim to be brought now

Question 2

to bar a claim with laches must show

Answer 2

delay worked to the disadvantage of defendant; or the delay warrants a presumption that the party has waived or abandoned the claim

Question 3

factors court considers

Answer 3

passage of time, effect of delay, loss of evidence

Question 4

Tolling stops

Answer 4

SOL

Question 5

The commencment of the action tolls

Answer 5

sol, not service

Question 6

Adding a party relates back if

Answer 6

1) claim asserted in the amended pleading arose out of the same t/o
2) received notice within the limitation period
3) a party will not be prejudiced and
4) party knew or shoudl have known, but a mistake in identity, the action would have been brought against the party

Question 7

Adding a claim relates back if

Answer 7

1) same t/o
2) amending party was reasonably diligent in asserting a claim
3) will not be unjustly prejudiced

Question 8

SOL- PI

Answer 8

2 Years

Question 9

sexual abuse during infancy

Answer 9

20 years

Question 10

tortious injury to prop

Answer 10

5 years

Question 11

fraud

Answer 11

2 year sol; clear and convincing evidence

Question 12

written k

Answer 12

5 years

Question 13

oral k

Answer 13

3 years

Question 14

ucc k

Answer 14

4 years

Question 15

wrongful death

Answer 15

2 years

Question 16

products liabiity to prop
products to personal injury

Answer 16

5 and 2

Question 17

CC judgments last

Answer 17

20 years

Question 18

distict court judgments last

Answer 18

10 years

Question 19

ejectment

Answer 19

bring within 15 years

Question 20

easement prescription

Answer 20

bring within 20 years

Question 21

unlawful detainer

Answer 21

3 years

Question 22

Virginia uses both

Answer 22

accrual and discovery approaches

Question 23

if an action is brought against a d with ____ of expiration of SOL, D has ___ extra days tacked on to the usual SOL on claims for indemnification or contribution

Answer 23

30, 60

Question 24

promise not to plead sol is enforceable if

Answer 24

1) failure to enforce would constitute fraud or
2) promise is in writing and is made to avoid litigation, not made contemporaneously with any other k, and additional term not longer than applicable limitations period

Question 25

d who files counterclaim or cross claim is deemed to have brougth the action at time of

Answer 25

pleading

Question 26

if same t/o crossclaim or counterclaim

Answer 26

sol is tolled when initial suit is filed

Question 27

SOL must be raised by

Answer 27

affirmative defense

Question 28

Damages for fraud SOL

Answer 28

2 years

Question 29

fraudulent conveyance

Answer 29

laches

Question 30

voluntary conveyance

Answer 30

5 years

Question 31

AP

Answer 31

15 years

Question 32

prescriptive easmenet

Answer 32

20 years

Question 33

injury to person

Answer 33

2 years

Question 34

injury to prop

Answer 34

5 years

Question 35

breach of k

Answer 35

oral- 3; written 5

Question 36

k governed by other state

Answer 36

that one or VA, whichever is shorter

Question 37

SOL is an affirmative defense and if not pleaded,

Answer 37

it is waived