Review Flashcards
What is the upper monetary limit for a personal injury case filed in general district court?
$50,000.
General district courts have concurrent SMJ with circuit courts when the amount in controversy exceeds $4,500 but does not exceed $50,000.
If the trial judge in a civil action has granted a motion to strike the evidence of the plaintiff or defendant, the judge shall…
Enter summary judgment in conformity with his ruling on the motion to strike;
OR
Enter partial summary judgment in conformity with his ruling on the motion to strike.
What is the object of a declaratory judgment action?
To obtain a declaration of right, with or without consequential relief.
Which remedy is designed to cure an award of damages that is grossly excessive without the necessity of a new trial or 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.
1 year
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/FALSE): Sovereign immunity applies to the Commonwealth in all suits for money damages caused by the negligence of state employees.
FALSE.
By statute, the Commonwealth consents to suit for money damages for loss of property, personal injury, or death caused by a state employee’s negligent or wrongful act or omission while in the scope of employment up to a liability limit of $100,000 (VA Tort Claims Act).
(TRUE/FALSE): A pleading can be signed by using a law firm name only.
FALSE.
When a firm name is signed to a pleading, an individual member or associate of the firm must sign the pleading as well.
(TRUE/FALSE): Summary judgment as to liability may not be granted if there is a genuine issue as to the amount of damages.
FALSE.
Summary judgment, interlocutory in nature, may be entered as to the undisputed portion of a contested claim or on the issue of liability alone, although there is a genuine issue as to the amount of damages.
Generally, a bill of review may be filed within this time period after entry of the decree to be reviewed.
Six 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 plaintiff’s claim against the third-party plaintiff.
21 days.
What type of claim may be heard in general district court regardless of the amount in controversy?
Distress
A plaintiff in a lawsuit against the Commonwealth must notify the Commonwealth of the claim within ______ of the accrual of the cause of action.
1 year.
Unless otherwise provided, every action for personal injuries, whatever the theory of recovery, must be brought within _______ after the cause of action accrues.
2 years.
For a personal injury case against the Commonwealth for which the statute of limitations is two years, when must the plaintiff notify the Commonwealth of the claim before it will be barred?
Within 1 year.
Even though the statute of limitations for personal injury cases is ordinarily two years, if a plaintiff waits more than 1 year to notify the Commonwealth, the claim will be barred.
(TRUE/FALSE): An arbitration award must be vacated if a court of law or equity would not have arrived at the same result.
FALSE.
The fact that the relief was such that it could not or would not be granted by a court of law or equity is not grounds for vacating or refusing to confirm the arbitration award.
A trial court has the power to vacate a default judgment or decree on the ground of fraud within ______ of rendition.
Two years.
Leave to amend a pleading is to be:
Liberally granted in furtherance of the ends of justice.
Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within ______ after the cause of action accrues.
One year.
[note however that if the statements are published under an anonymous or false identity, the limitations period is tolled until the publisher’s identity is or should have been discovered.]
A _______ requires a nonparty deponent to bring documentary evidence with him to a deposition.
Subpoena duces tecum.
A motion to strike the evidence serves the same function as ________ in federal court.
Motion for judgment as a matter of law.
_______ 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 any civil action inform the jury of the amount of damages brought by the plaintiff?
In both the opening statement and closing argument.
A notice of appeal must be filed within ______ of entry of the final judgment or other appealable order or decree in circuit court.
30 days.
After trial in the circuit court, any notice of appeal must be originally filed with which court?
The circuit court that tried the case.
(TRUE/FALSE): In determining whether the judgment of another state precludes further litigation, a Virginia court will apply Virginia law.
FALSE.
The extent of preclusion is determined by the law of the state that rendered the judgment.
When a party is required or permitted under the Virginia Rules of Civil Procedure to do an act within a prescribed time after service of paper on him, and the paper is served by mail, how many days will be added to the prescribed period?
3
To appeal a case from a general district court to a circuit court, the appeal must be taken within _____ days of entry of judgment by noting the appeal in writing with the clerk of the general district court.
10
When a party is required or permitted under the Virginia Rules of Civil Procedure to do an act within a prescribed time after service of a paper on him, and the paper is served via fax, email, or commercial delivery service, how many days will be added to the prescribed period?
1
Unless otherwise provided, every action for damages resulting from fraud shall be brought within _____ year(s) after the cause of action accrues.
2
Any party may make a motion for summary judgment at any time, except in an action for…
Divorce
An appellant in the court of appeals must file an opening brief within _______ of the filing of the record.
40 days.
Except as otherwise provided directed by the Virginia Court of Appeals, oral argument for a party shall not exceed _____ in length.
15 minutes.
In the court of appeals, the brief of an appellee must be filed within ______ of the filing of the appellant’s brief.
30 days.
If the amount or value involved in a case does not exceed $25,000, a jury of ______ is required. If the amount or value exceeds $25,000, 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, what is excluded from the calculation?
Both interest and attorneys fees stipulated in an instrument are excluded.
When may clerical mistakes in judgments or in the record be corrected by the court?
Clerical mistakes in judgments or in the record may 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 ______ after the date when the request for waiver was sent.
90 days.
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?
The test of the sufficiency of any defensive pleading in any civil action is made by a motion to strike.
What is the purpose of Virginia’s long-arm statute?
To confer personal jurisdiction over nonresidents as to certain causes of action arising from activities engaged in by them or resulting from the ownership of property by them in Virginia.
(TRUE/FALSE): An extension of time to file a notice of appeal is not permitted.
FALSE.
Although the applicable rule describes the filing deadlines as “mandatory,” an extension of the time to file a notice of appeal is permitted to attain the ends of justice.
If the subject matter of a counterclaim or cross-claim arises out of the same transaction or occurrence upon which the plaintiff’s claim is based, the statute of limitations with respect to such actions is…
tolled by the filing of the plaintiff’s action.
In cases in which fraud, concealment, or intentional misrepresentation prevented discovery within the statutorily specified limitation period of an injury caused by medical malpractice, the time within which to bring a claim is extended by _____ year(s) from the date the injury is discovered, or, by the exercise of due diligence, reasonably should have been discovered.
One year.
An “interlocutory appeal” is…
an appeal of a non-final order for which an appeal as of right does not exist.
Amicus briefs are allowed as a matter of right when filed by…
the United States or the Commonwealth of Virginia.
[as for others, they are only allowed with consent of all counsel or by 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 jurors; 3 peremptory challenges.
A special 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 ______ jurors to allow each side ______ peremptory challenge(s).
13 jurors; 3 peremptory challenges.
May a plaintiff join a claim in tort with one in contract?
Yes, provided that the tort claim and the contract claim arise out of the same transaction or occurrence.
(TRUE/FALSE): A general denial of the entire complaint or plea of the general issue is not permitted.
TRUE.
An answer shall respond to the paragraphs of the complaint.
If a three-person jury is used, each side selects one juror. Who selects the third juror?
The two jurors already selected.
