Multiple Choice Q's Flashcards
Decisions fo the State Corporation Commission may be appealed to
Virginia Supreme Court
What is the object of a declaratory judgment action
To obtain a declaration of right with or without consequential relief. Only available if there is a ripe, pending dispute, and a declaratory ruling would guide the parties’ future conduct. A declaratory ruling is not available if any ordinary cause of actin would provide a remedy.
Which remedy is designed to cure an award of damages that is grossly excessive without the necessity of a new trial or an appeal
Remittitur
Service of process in a civil action or suit is deemed timely if made within ____ of the commencement of the action or suit against the defendant:
12 months
If damages found by the jury are inadequate, the court may require the defendant to pay an amount in excess of the verdict or face a new trial, this is called
additur
True or False: Sovereign immunity applies to the commonwealth in all suits for money damages caused by the negligence of a state employee
False. Commonwealth consents to suits for money damages for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of a state employee while in the scope of employment up to a liability limit of $100,000
A lawsuit against the commonwealth generally will be forever barred if it is not brought within _____ after filing notice of the claim or within ______ of the cause of action accruing
18 months, 2 years
True or False: Summary judgment as to liabiklity may not be granted if there is a genuine issue as to the amount of damages
false
Generally, a bill of review may be filed within this time period after entry of the decree to be reviewed
6 months
The plaintiff may, at plaintiff’s option, within _____ after service of the third-party complaint upon the third-party defendant, assert any claim against the third party defendant arising out of the transaction or occurrence that is the subject matter of the plaaintif’s claim against the third-party plaintiff:
21 days
Generallyk, a person who has been called and reportef fror jury duty, cannot serve again within the next ___ years
3
A plaintiff in a lawsuit against the commonwealth must notify the commonwealth of the claim within ____ of the accrual of the cause of action:
one year
Unless otherwise provided, every action for personal injuries, whatever the theory of revo very, must be brought within ____ years after the cause of action accrues
2 years
personal injury case against the commonwealth for which the SOL is 2 years, when msut the plaintiff notify the commonwealth of the claim before it will be barred?:
one year
True or False: An arbitration award must be vacated if a vcourt of law or equity would not have arrived at the same result
false
A trial court has the power to vacate a default judgment or decree on the ground of fraud within ___ of rendition:
2 years
Leave to amend a pleading is to be:
liberally granted in furtherance of the ends of justice,
Every action for injiry resulting from libel, slander, insulting words, or defamation shall be brough within _____ after the cause of action accrues:
one year
) A(n) _____ requires a nonparty deponent to bring documentary evidence with him to a deposition
subpoena duces tecum
In any judicial proceeding, civil or criminal, a duly executed affidavit by the tax commissioner may be accepted by the court as _______ evidence as to whether or not a tax return has been filed or the tax has been paid
prima facie
______ of the appellate court justices are required for the court to sit en banc
8
) Notwithstanding any other provision of law, when may a party in a civil action inform the jury of the amount of damages sought by the plaintiff?:
in both the opening statement and closing argument
A notice of appeal must be filed within ____ days of entry of the final judgment or other appealable order or decree in circuit court
30
Supreme court review is discretionary and by petition in all instances except where what kind of case is involved?:
Criminal cses in which the death penalty is imposed
When an appeal is granted, the court issues a(n)_____ to all counsel. This determines the time period for filing briefs, etc.:
certificate of appeal
When a party is required or permitted under Virginia rules of civil procedure to do an act within a presceibed time after service of paper on him, and the paper is served by mail, how many days will be added to the prescribed period?
three
To appeal a case from a general district court to a circuit court, appeal must be taken within ____ days of entry of judgment by noting the appeal in writing with the clerk of the GDC
10
When a party is required to permitted under the Virginia Rules of Civil procedure to do an act within a presxcribed time after service of a paper on him and the paper is served by facsimile, e-mail or commercial delivery service, how many day(s) will be added ot the prescribed period?
1 day
Unless otherwise provided, every action for damages resulting form fraud shall be brough within ____ year(s) after the cause of acion accrues
2
Any party may make a motion for summary judgment at any time, except in an action for
divorce
An appellant must file an opening brief within _____ of the certificate of appeal
40 days
Except as otherwise directed by the Virginia Court of Appeals, oral argument for a party shall not exceed _____ in length
15 minutes
An appellee’s brief nmust be filed within ____ of the filing of the appellant’s brief:
25 days
If the amount or value involved in a case does not exceed $25,000, a jury of ___ is required. If it does, a jury of ____ is required. If the parties consent, a jury of ____ may be used.:
five, seven, three
The appellant may file a reply brief within ____ of the filing of the appellee’s brief
14 days
In determining the amount in controversy in a civil action, which of the following is correct:
no interest or attorney’s fees
When may clerical mistakes in judgments or in the record be corrected by the court?:
at any time
If service of the summons has been timely waived on request, an out-of-state defendant must file responsive pleadings to the complaint within _____ days after the date when the request for waiver was sent
90
When answers in a defensive pleading in any suit on an equitable or legal claim are insufficient, what is the appropriate motion to be made by the complaining party?:
motion to strike
) what is the purpose of VA”s long arm statute:
to confer PJ over nonrsidents who have contacts with Virginia, To confer PJ over nonresidents resulting from the ownership of property within VA
In the Supreme Court of Virginia, under what circumstances may the time for filing any brief where an appeal has been granted be extended?
all counsel and a justice of supreme court
If the subject matter of a counterclaim or crossclaim arises out of the same transaction or occurrence upon which the plaintiff’s claim is based, the SOL with respect to such actions
s tolled by the filing of the plaintiff’s action
In cases in which fraud, concealment, or intentional misrepresentation prevented discovery within the statutorily specific limitation period of an injury caused by medical malpractice, the time which to bring a claim is extended by ____ years from the date the injury is discovered by, or reasonably should have been discovered:
one
An interlocutory appeal is:
an appeal of a nonfinal order for which an appeal of right does not exist
Amicus briefs are allowed as a matter of right when filed by
y: Commonwealth and US, all others must have consent of all counsel or leave of court
no party shall serve upon any other party, at any one time or cumulatively, more than ____ written interrogatories, including all parts and subparts without leave of court for good cause shown:
30
if a five-person jury is required, the jury panel begins with at least _____ jurors to allow each side ____ peremptory challenges.
11, 3
A pecial grand jury consists of not less than ____ or more than ____ persons:
7, 11
If a seven person jury is required, the jury panel begins with at least ____ to allow each side ____ peremptory challenges
13 jurors, 3 challenges
May a plaintiff join a claim in tort with one in contract
Yes, if same transaction or occurrence
True or false, a general denia of the entire complaint or plea of the general issue is not permitted.
true
If a three person jury is used, each side selects one, who selects third
the two jurors
