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Bar Bonus > Prior Exams + LexBar + Themis Exam Notes > Flashcards

Prior Exams + LexBar + Themis Exam Notes Flashcards

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1
Q

Negligence Standard

A
  • Owed a duty of care
  • Breached that duty
  • Breach was actually and legal cause of
  • Damages
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2
Q

Duty of Parent to Supervise

A

Must supervise and ensure child does not act in grossly negligent or reckless fashion

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3
Q

Contributory negligence

A

Complete bar to recovery

  • CN was substantial cause of harm
  • CN occurred during the same act or omission as D’s
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4
Q

Tort Liability of Child

A

<7 generally not liable
7-13 rebuttable presumed not liable

Relevant comparison is children of like age, knowledge, understanding, and experience

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5
Q

Assumption of Risk

A

Complete bar to recovery

  • knowingly (full appreciation of scope) &
  • voluntarily accepted the risk (no coercion)
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6
Q

Eminent Domain/Condemnation

A

Cities, towns, and counties may exercise

Just compensation required

Condemnation only for public use (narrow interpretation, not for economic development)

No sovereign immunity

Only allowed after good faith effort to purchase for reasonable price

Procedures must satisfy due process

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7
Q

Inverse condemnation

A

Indirect actions render property essentially worthless without compensation

No sovereign immunity

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8
Q

Negligence claim against city - Notice Required

A

City must be given 6 months notice

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9
Q

Sovereign Immunity of Cities/Towns

A

Exists with respect to government functions

Does not apply if action is solely proprietary, ie private entity could perform and not uniquely for public benefit

No immunity for gross negligence

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10
Q

Examples of Government Functions

A

Require governmental discretion:

  • police actions
  • fire dept
  • road design
  • operating parks
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11
Q

Examples of proprietary functions

A

Done for convenience:

  • maintenance of roads
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12
Q

Sovereign immunity of counties

A

Absolutely immune for actions in tort

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13
Q

Waivability of Statute of Limitations

A

SoL is waivable

Must be raised as affirmative defense

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14
Q

Statutes of Limitations for Contracts

A

Oral - 3 yrs
Written UCC - 4 yrs
Written non-UCC - 5 yrs

Calculated from time of breach

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15
Q

Statute of Limitations for Defamation

A

One year

From time of defamatory statement

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16
Q

When does UCC apply to contract?

A
  • Sale of goods
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17
Q

Availability of nonsuit

A

Any time prior to:
- granting of motion to dismiss OR
- when jury retires to deliberate OR
- when court takes case under advisement

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18
Q

Elements of Bailment

A
  • owner of property (bailor) entrusts property to bailee
  • without conveying title
  • with intent (by both parties) that there be a bailment
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19
Q

Bailment Duties of Care

A

For benefit of both - ordinary care

For sole benefit of bailor - gross negligence or bad faith

For sole benefit of bailee - extraordinary care (liable for all damages from lack of care)

All cases - absolute liability for damage done outside scope of bailment

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20
Q

Professional Bailee Liability Waiver

A

Disfavored

Strictly construed

Bailor must have actual knowledge (conspicuous)

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21
Q

Employee as Agent

A

Employees are considered agents of their employers

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22
Q

Respondeat superior

A

Employer liable for tortious actions of employee in scope of employment (and minor detours)

Generally not liable for intentional torts unless such torts are inherent in nature of work or hiring was negligent

Does not apply to independent contractors unless abnormally dangerous or IC holds themselves out as an employee

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23
Q

Bona fide purchaser

A
  • Good faith (no notice of other claims)
  • Purchased for value (fair market)
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24
Q

Criminal jurisdiction over minors

A

Under 14 only JDR
14+ can be certified to Circuit Court:
- non-violent offense, discretionary on motion
- violent offense, mandatory on motion
- drug offense by 16-17, mandatory on motion
- homicide by 16-17, mandatory w/o motion

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25
Q

Miranda rights

A

Apply to custodial interrogations (reasonably believes not free to leave)
Right to silence
Right to counsel

Invocation must be unequivocal

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26
Q

Admissibility of Plea Negotiations

A

Inadmissible in case in chief

Admissible for impeachment

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27
Q

Felony Murder

A
  • death occurs
  • during dangerous felony (burglary, robbery, arson, rape, kidnapping, etc.)

(Causal and temporal connection)

Liability only for co-perpetrators

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28
Q

Robbery

A
  • taking personal property
  • from or about the person
  • against their will
  • by force or fear
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29
Q

Principal in 2nd Degree

A
  • Present at crime AND
  • Intends crime (natural and probable consequences included) OR
  • Provides aid/encouragement
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30
Q

Presumption in Favor of Mother in Custody Cases?

A

Not any more
Statutory favors apply neutrally

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31
Q

Guiding Test in Custody Cases

A

Best interests of the child

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32
Q

Statutory Custody Factors

A

10 Factors

(All designed to address best interests)
- Age and condition of child
- Age and condition of parents
- Relationship with parents
- Child’s needs (other relationships)
- Parents’ roles (past and future)
- Parents’ relations to each other
- Parents’ ability to relate and cooperate
- Child’s reasonable preference (if applicable)
- Abuse
- Catch-all

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33
Q

Lawyer’s Duty of Loyalty

A

Cannot represent new client in matter adverse to former client

Survives death of client

Exception for informed consent of both clients

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34
Q

Contract for Will

A

Allowed in Virginia

Clear and definite contract required

Performance required

Failure to enforce must constitute fraud

Clear and convincing evidence of contract

If will contradicts contract, beneficiary will gold property in constructive trust for benefit of contract recipient

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35
Q

Revocation of Will

A

Can be done by:

  • physical act by testator or in their presence
  • executing a new will that contradicts prior will
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36
Q

Holographic will requirements

A
  • In testator’s handwriting
  • Signed by testator
  • With testamentary intent
  • Two disinterested witnesses must testify to signature

Harmless error: signed document with testamentary intent ok if intended to be a will by clear and convincing evidence

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37
Q

Profits of General Partners

A

Presumed to be in proportion to capital contribution

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38
Q

Partnership Definition

A

Agreement between two or more people to carry on a for-profit business as co-owners

Need not be in writing

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39
Q

Rights of Partner Upon Withdrawal/Dissociation

A
  • Share of capital contributions
  • Share of partnership assets
  • Any amount in partnership account
  • Paid within 120 days
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40
Q

Partnership Name Rules

A

Cannot be misleading

Cannot continue using partner name after dissociation

Can use dead partner’s name as long as continuous and death occurred while still partner

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41
Q

Requirements to Sell All Corporate Assets

A

Approval by board
Approval by shareholders

Exception: single shareholder

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42
Q

Shareholder Voting Rights

A
  • Fundamental changes (mergers, amendments to charter, sale of all assets)
  • Board Elections
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43
Q

Board Member Duty of Care

A

Decisions must be reasonable and in best interest of corporation

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44
Q

Business Judgment Rule

A

Board members decision presumptively reasonable unless:
- inexcusable negligence
- lack of investigation
- wrongdoing

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45
Q

Implied Warranty of Fitness for Particular Purpose

A

Applies when seller has reason to know (from any source) of a buyer’s particular purpose for buying a good and that the buyer relied on the seller’s skill and judgment in selecting the good

Can be disclaimed with words such as “AS IS” or “with all faults”

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46
Q

Implied Warranty of Merchantability

A

Applies when a good is sold by a merchant who deals in goods of that kind

Good must be fit for its ordinary purpose

Can be disclaimed with words such as “as is” or “with all faults”

Can be disclaimed by buyer’s inspection (or failure/refusal to inspect) if inspection would reasonable reveal defects

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47
Q

Federal Subject Matter Jurisdiction

A
  • Federal question (involving federal government entity, federal constitution, or other federal law)

OR

  • Diversity Jurisdiction (complete diversity + $75,000 amount in controversy)

AT TIME OF FILING

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48
Q

Corporate Residency

A
  • Place of Incorporation
  • Principal place of business (nerve center; where top directors/officers control primary operations)
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49
Q

Effect of Amendment on Federal Diversity Jurisdiction

A

Complete diversity must survive amendment

Amount in controversy need not survive amendment

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50
Q

Duty of Care of Business Owner

A

Protect invitees from harms on property

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51
Q

When Seizure Permitted under 4th Amendment

A

When officer has probable cause a crime (including a traffic offense) has been committed

Touchstone is objective reasonableness

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52
Q

4th Amendment - Cars and Drug Sniffing Dogs

A

Warrantless search of vehicle OK with probable cause

Cannot extend traffic stop to get drug sniffing dog absent probable cause of drug offense

Can use drug sniffing dog if it does not unreasonably extend stop

Sniff not a search of not in constitutionally protected area (vehicle OK, curtilage not)

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53
Q

Motion to Suppress Rules

A

7 days before trial

In writing

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54
Q

Demurrer

A

Tests the legal sufficiency of the complaint (failure to state a cause of action)

Admits as true all facts alleged in complaint

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55
Q

Definition of Negotiable Instrument

A

Written and signed instrument providing for an unconditional promise to pay specific sum of money to order or bearer; payable on demand at a definite time

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56
Q

Liability of Partners

A

Each partner is personally liable for actions of the partnership and actions of other partners undertaken in the partnership

Professional partnerships may limit liability for malpractice of other partners

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57
Q

Statute of Limitations for Personal Injury

A

2 years

From time of injury

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58
Q

When Statutes of Limitations Tolled

A
  • Incapacity (including being a minor)
  • While proceeding ongoing
  • Actions by defendant intended to delay
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59
Q

Use of Depositions in Motion for Summary Judgment

A

Not allowed UNLESS:

  • All parties agree
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60
Q

Summary judgment standard

A

No question of material fact at issue

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61
Q

Statute of Limitations for Fraud

A

2 years

From time fraud discovered (or should have been discovered with diligence)

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62
Q

Statute of Limitations for Equitable Claims

A

None

Doctrine of Laches: look to analogous SoL under law

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63
Q

Permanent Injunction Requirements

A
  • irreparable harm
  • no remedy at law (money won’t work)
  • in the public interest
  • balance of equities favors plaintiff (benefit to plaintiff should outweigh burden on defendant)
  • enforceable AND
  • no equitable defenses (eg unclean hands, laches)
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64
Q

Parol Evidence Rule

A

Oral negotiations not integrated into contract absent intent to integrate

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65
Q

Attorneys Fees in Fraud Case

A

Allowed if plaintiff prevails

Must be requested in complaint

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66
Q

Fourth Amendment Search of Home

A

Requires a warrant issued by magistrate based on probable cause

Must specify things to be searched for and areas to be searched

Search limited to areas where items might reasonably be located

67
Q

Fourth Amendment Searches Caveats

A
  • Plain View
  • Exigent Circumstances
68
Q

Strict Liability (torts)

A

Defendant owes duty by law

Any breach is inherently responsibility of party

No negligence need be proven

69
Q

Can Lawyers Prospectively Limit Malpractice Liability?

A

No

70
Q

Contingency Fee Agreements

A

Permissible except in domestic relations cases and criminal cases

Must provide written explanation of fee (rate, how calculated, how fees/expenses addressed)

Must be reasonable

71
Q

Attorney Fee Agreements

A

Need not be in writing but writing encouraged

Must be disclosed and consented to

Must be reasonable

72
Q

Duties of Attorney

A

Loyalty

Competence (but not expertise)

Confidentially

73
Q

Are sexual relations with a client OK?

A

Not explicitly prohibited

Unwise and may compromise duty of loyalty and competence

May create conflict of interest

74
Q

Client Trust Account Rules

A

Must be kept separate

When dispute arises, must return all funds not in dispute and retain disputed funds in trust account

75
Q

Time to notice appeal from GDC to Circuit Court

A

10 days (filed in GDC)

76
Q

Will a court disturb a settlement agreement regarding spousal support based on changes circumstances?

A

Generally no

77
Q

Will a court disturb a settlement agreement regarding child support payments based on changes circumstances?

A

Yes, if in the best interests of the child

78
Q

Requirements to Transfer Title to Land

A

Deed should be
- executed AND
- delivered to grantee

Exception to delivery requirement for transfer on death deed (title transfers immediately on death, passes out of probate)

79
Q

Codicil

A

Amendment to existing will

Must satisfy requirements of valid will or holographic will

80
Q

Incorporation of Separate Writing into Will

A

Allowed if will specifically describes list and list is signed

81
Q

Intestacy Rules

A

If survived by spouse:

  • spouse gets 100% if decedent has no living kids by another person, ELSE
  • spouse gets 1/3 and other kids get 2/3

Else, if survived only be descendants:

  • descendants get 100%

Else, if not survived by spouse or descendants:

  • Parents get 100%, ELSE
  • Siblings get 100%, ELSE
  • Paternal/Maternal split, then grandparents and descendants thereof; ELSE aunts and uncles; ELSE great grandparents; ELSE great aunts and uncles, etc.; ELSE

Escheat to state (last resort, “laughing heir” preferred to escheatment)

82
Q

Anti-lapse statute

A

Gift ordinarily lapses if beneficiary predeceases testator

Under statute, gift will go to beneficiary’s descendants if the beneficiary is a descendant of the testator’s grandparents

83
Q

Adoption Testacy Rules

A

Adoption severs prior relationship unless adopted by spouse of biological parents

Adoption creates new relationship with adoptive parents

84
Q

General Warranty Deed vs Quitclaim Deed

A

GWD:
- implied warranties of fitness and inhabitability

QCD:
- no warranties
- very risky, riskiest type of deed

85
Q

Piercing the Corporate Veil

A

Directors must engage in fraud or misrepresentation

Also possible where corporation founded for purpose of escaping personal liability/under capitalization against foreseeable liabilities from outset

Also possible where directors/officers commingle personal and corporate funds

86
Q

Merger Doctrine

A

Warranty of title made in a land sale contract is merged into the deed on closing, and disappears

HOWEVER, express warranty of good workmanship is not a warranty of title

87
Q

Federal Rules - Objection to Personal Jurisdiction

A

Must be raised in first pleading or else waived (can be included in answer)

88
Q

Federal personal jurisdiction

A

Satisfy both federal and state requirements

Sufficient minimum contacts (purposefully availed protections of forum state)

Claim related to those contacts

Jurisdiction must be fair

89
Q

How to Render Judgment Enforceable

A

Must be filed in circuit court (where debtor property located)

90
Q

Writ of Execution

A

Directed to sheriff to enforce judgment by imposing lien on personal property

91
Q

Priority of Liens (UCC Article 9)

A

Purchase money security interest takes priority over judgment lien if it attaches first and is perfected

92
Q

Tenants by Entirety

A

Available only to married couples

Prevents creditors of single spouse from reaching property

Does not apply to bank accounts

93
Q

Security Interest Procedure

A

Step 1: attachment (by written security agreement)

Step 2: perfection (file a financing statement with Corp comm or take possession; for car note interest on car title)

94
Q

Intentional Tort of Battery

A

Intentional or reckless unwanted touching of another with intent to harm

95
Q

Formation of Principal Agency Relationship

A

Assent by both parties
Agent work for benefit of principal
Agent agrees to be controlled

96
Q

Virginia Personal Jurisdiction Requirements

A
  • Any resident of Virginia OR
  • Party reachable under long arm statute (by direct action or thru agent):
    ** ACTION MUST ARISE FROM CONNECTION TO VA AND SATISFY DUE PROCESS (MINIMUM CONTACTS)

+ Transacts business in VA (single transaction OK)
+ Contracts to supply services in VA
+ Commits a tort in VA
+ Breach of warranty if reasonably expected goods to be in VA
+ Owns real property in VA
+ Insuring someone in VA
+ Child/spousal support in VA
+ Lived with spouse in VA at time of divorce
+ liable for taxes in VA

97
Q

Minimum Contacts Factors

A
  • Purposefully availed benefits of state
  • Foreseeable to be sued in VA
  • Relatedness of contacts to action
  • Fairness factors (harms vs interests)
98
Q

FOB Contract

A

Shipment contract
Location stayed after “FOB” is where seller’s risk of loss ends

99
Q

When Attorney’s Fees Available

A

When provided by statute or contracted for

100
Q

Gross Negligence

A

Reckless disregard for an unreasonably high risk of injury

101
Q

Duty of care owed to licensee

A

Warn of known defects (not unknown or visible defects)

102
Q

“Question First Warn Later”

A

Impermissible evasion of Miranda warning (get an inadmissible confession, provide warnings, get a repeat confession)

Factors to consider:
- time between questionings
- continuity of personnel
- officer demeanor
- environment

103
Q

Embezzlement

A

Unlawful use of entrusted property with intent to permanently deprive

104
Q

Conspiracy

A

Agreement to commit a crime

No need for act in furtherance (though may be useful evidence)

Withdrawal not a defense (can limit liability for acts of confederates that post date withdrawal)

105
Q

Statute of Frauds

A

Contract must be in writing if:

  • for real estate
  • lease for longer than 1 year
  • for >$500 goods (exception for specially manufactured goods with partial performance)
  • agreement not to be performed within 1 year
106
Q

Overcoming statute of frauds - Real estate

A

Two of three:

  • buyer made payment
  • buyer possessed the property
  • buyer made substantial improvements
107
Q

Rights of Finders

A

Right to possession

No right to title unless property abandoned and finder intends to take title

108
Q

Custody Definition (Domestic Relations)

A

Legal custody: right to make important decisions (school, health, religion)

Physical custody: where child lives, who is responsible for daily care

109
Q

Visitation Rights of Parents

A

Separate from custody

Constitutionally protected

Other parent cannot prevent visitation, but may seek visitation schedule

110
Q

Visitation Rights of Third Parties

A

Not constitutionally protected

Third party is anyone not a parent

Can be established by showing deprivation likely to cause irreparable harm to child AND in child’s best interest

111
Q

Time to File Notice of Removal

A

30 days from service

112
Q

Federal Motion for Sanctions

A

Rule 11 Safe Harbor

Must give opposing counsel notice and chance to fix error

113
Q

Duty of Common Carrier

A

Elevated duty of care - inspections and duty to warn of known or knowable conditions

114
Q

Spousal Immunity

A

Distinct from Marital Communication Privilege

Prevents spouse from testifying at all against other spouse

Criminal cases

Holder of privilege is testifying spouse

115
Q

Marital Communication Privilege

A

Prevents testimony from spouse about communications

Civil and criminal trials (not divorce)

Held by both spouses

116
Q

Duty of property owner to public

A

Limited duty to inspect land and remedy defects known/knowable and likely to present public hazards

117
Q

Proximate cause

A

“But for cause”

Need not be most direct cause

Harm must be foreseeable result of negligent act/omission

118
Q

Limited Partnership

A

Limited partners liable only for their contribution

General partners liable as normal

Limitation broken if limited partner exercises control as a general partner would have and injured parties reasonably believe he was general partner

119
Q

Contract of Adhesion

A

“Take it or leave it” involving surprise bargaining power

Legal but disfavored, construed against superior bargaining power

120
Q

Purchase Money Security Interest

A

Lender provides borrower with funds to secure the collateral

Takes priority over other security interests

Perfected automatically for 20 days then perfected by filing a financing statement

Imperfected PMSI still crates right to repossess

121
Q

UCC 9 Protections in Car Sale

A

Creditor must notify debtor 10 days prior to sale

Opportunity to redeem car during notice period

Require commercially reasonable sale (advertisement)

122
Q

Estoppel Elements

A

Final judgment on merits

Same issue

Fully litigated previously

Material in prior action

Mutuality of parties

123
Q

Distributions to Shareholder Rules

A

Can’t be made during insolvency or cause insolvency or render Corp incapable of meeting its liabilities and ongoing expenses

Applies to ongoing or winding up

Liable directors can seek indemnity from shareholders who received illegal distributions

124
Q

Duties of Corporate Officers

A

Duty of care

Duty of loyalty

125
Q

Merchant Confirmation Rule

A

Where merchant sends written confirmation of contract to another merchant, failure to expressly repudiate contract within 10 days will authenticate written confirmation

126
Q

Dead Man’s Statute

A

Interested witness may testify to statements of decedent only with corroboration

127
Q

Dillon’s Rule

A

Virginia localities have no powers other than those expressly provided by the Code or its legislatively-enacted charter, unless otherwise necessary to carry out an express power or indispensable to the purpose for which the locality was created.

Locality may choose method of exercising express power when reasonable

128
Q

Police power of localities

A

Strictly limited to health, safety, welfare, and morals of citizens

129
Q

Rightful owner of stolen property vs good faith purchase for value

A

Rightful owner wins

130
Q

Implied Warranty of Good Title

A

Applies to every sale of goods by a merchant

131
Q

Personal Service on Natural Person

A

In person; ELSE

Delivery to family member over age 16 at residence and explaining significance; ELSE

Posting on front door and mailing complaint and summons

132
Q

Grounds for Divorce

A

Fault:
- Adultery (clear and convincing)
- cruelty
- desertion (including constructive desertion)

No-Fault:
- separation for one year (6 months if no kids and valid separation agreement)

133
Q

Bill of Review

A

Equitable remedy extending 21 day rule to 6 months based on new evidence where:

  • after discovered evidence
  • material
  • not cumulative, corroborative, repetitive
  • diligence
  • can be produced at a new trial
134
Q

Attempt

A

Intent to commit crime plus some act toward completion (attempt must fail)

135
Q

Spousal Support Factors

A
  • Fault (may be overcome by gross inequities)
  • relative needs and incomes
  • opportunities available
  • accustomed lifestyle
  • sacrifices for marriage
136
Q

Peremptory Strikes

A

4 in criminal
3 in civil

No extras with co-defendants

137
Q

Choice of Law

A

Federal court in diversity action applies choice of law provisions of state where it sits

Virginia rule: law of place where contract executed or, if for performance, where performed

Choice of law agreements ok in VA so long as there is reasonable relation of chosen forum

138
Q

Condo Association Standing

A

Only association has standing to sue for actions relating to common elements

139
Q

Adverse possession

A

OCEAN

  • Open (no hiding)
  • Continuous for statutory period (15 years in VA)
  • Exclusive
  • Adverse (without permission)
  • Notorious (as true owner would)
140
Q

Terry Stop

A

Warrantless stop and frisk permissible with reasonable suspicion

141
Q

Requirements of Transfer of Title to Personal Property

A

Intent
Acceptance (silence or passage of time OK)
Delivery (physical or symbolic)

142
Q

Time to Respond to FOIA Request

A

5 Days

143
Q

Waiting period for fault based divorce

A

1 year for desertion or cruelty

No waiting period for adultery

144
Q

Probate Jurisdiction

A

Last place of residence (rebuttable presumed unaffected by move to nursing home); ELSE

Location of property owned by decedent; ELSE

Location of death

145
Q

Self-Proving Affidavit

A

Not required

Obviates need for witnesses to testify to authenticity of their signatures and other requisites of will

Notarized affidavit signed by witnesses and testator stating it complies with requirements

146
Q

Out of state executor?

A

Ok

Must agree to accept service in VA and post surety bond

147
Q

Usage of Trade; Course of Dealing; Course of Performance

A

UoT = regularly observed practice

CoD = past transactions between these parties

CoP = past performance in this transaction (only applies to contracts with repeat performance)

Express terms > CoP > CoD > UoT

148
Q

Installment Contract

A

Delivery in separate lots

Rejection for late delivery only allowed if it substantially impairs value of the installment

149
Q

Irrevocable License

A

License becomes irrevocable where licensee relies on permission and incurs substantial expenses based on that reliance

150
Q

Divorce Defenses

A

Recrimination is same conduct by spouse seeking divorce

Connivance is consent or participation in marital wrong

Condonation is forgiveness with knowledge (usually requires cohabitation to resume)

Provocation (act can’t be out of proportion)

151
Q

Division of Marital Property Factors (Divorce)

A

Equitable (9 factors)

  • contributions to acquisition
  • duration of marriage
  • ages and conditions of parties
  • how and when property acquired
  • debts/liabilities of each spouse
  • tax consequences
  • liquidity of property
  • use of property for non-marital purpose
  • catchall
152
Q

Private Nuisance

A

Unreasonable interference with use and enjoyment of plaintiff’s land unique to plaintiff

153
Q

How an agent can bind principal

A

Actual authority (express or implied)

Apparent authority (third party reasonably believed agent had authority based on manifestations of principal)

Ratification (affirmation of unauthorized contract with knowledge of material terms or awareness of lack of knowledge)

154
Q

Derivative Action

A

Brought by shareholder on behalf of corporation

Have to show that directors refuse to act or that efforts to get them to act are unlikely to succeed

155
Q

Cap on Corporate Officer/Director Liability

A

Permitted in articles of incorporation

Does not apply to willful conduct

156
Q

Time to Respond to FOIA

A

5 working days

If not practicable, can get 7 extra working days by responding that it’s not practicable

157
Q

Lawyers Obligations re Meritorious Claims/ Contentions

A

No frivolous claims/contentions, must have good faith basis (including argument for extension, modification, or reversal of existing law)

158
Q

Summary Contempt

A

Judge can summarily punish contempt made in its presence with $250 fine and/or 10 days in jail

159
Q

Testamentary Capacity

A

To have mental capacity, the testator must have the ability to know: (1) the nature/extent of property; (2) the natural objects of her property; (3) the disposition that her will is making; and (4) the ability to connect all of these elements together to form a coherent plan.

160
Q

Probable Cause Definition

A

Reasonable basis for believing a crime occurred (arrest) or evidence will be found (search)

161
Q

Permissible venue (a-d)

A

Where defendant resides

Where defendant has registered office/agrees to receive process

Where defendant regularly conducts substantial business activity IFF “any practical nexus” exists to case (eg plaintiff, witnesses, or evidence located there)

Where any part of the cause of action arose

162
Q

Burden of Proof for Fraud

A

Clear and Convincing Evidence

163
Q

Scope of Discovery

A

Any matter not privileged that is relevant to the subject matter of the pending litigation

Need not be admissible

Work product and expert opinions that won’t be testified only gettable if it’s very hard to get otherwise

164
Q

Time to File Jury Request

A

Within 10 days of service of last pleading directed to issue on which jury requested

In writing

Only available for factual issues

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