Review

Question 1

What is the upper monetary limit for a personal injury case filed in general district court?

Answer 1

$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.

Question 2

If the trial judge in a civil action has granted a motion to strike the evidence of the plaintiff or defendant, the judge shall…

Answer 2

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.

Question 3

What is the object of a declaratory judgment action?

Answer 3

To obtain a declaration of right, with or without consequential relief.

Question 4

Which remedy is designed to cure an award of damages that is grossly excessive without the necessity of a new trial or appeal?

Answer 4

Remittitur.

Question 5

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.

Answer 5

1 year

Question 6

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…

Answer 6

Additur

Question 7

(TRUE/FALSE): Sovereign immunity applies to the Commonwealth in all suits for money damages caused by the negligence of state employees.

Answer 7

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).

Question 8

(TRUE/FALSE): A pleading can be signed by using a law firm name only.

Answer 8

FALSE.

When a firm name is signed to a pleading, an individual member or associate of the firm must sign the pleading as well.

Question 9

(TRUE/FALSE): Summary judgment as to liability may not be granted if there is a genuine issue as to the amount of damages.

Answer 9

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.

Question 10

Generally, a bill of review may be filed within this time period after entry of the decree to be reviewed.

Answer 10

Six months

Question 11

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.

Answer 11

21 days.

Question 12

What type of claim may be heard in general district court regardless of the amount in controversy?

Answer 12

Distress

Question 13

A plaintiff in a lawsuit against the Commonwealth must notify the Commonwealth of the claim within ______ of the accrual of the cause of action.

Answer 13

1 year.

Question 14

Unless otherwise provided, every action for personal injuries, whatever the theory of recovery, must be brought within _______ after the cause of action accrues.

Answer 14

2 years.

Question 15

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?

Answer 15

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.

Question 16

(TRUE/FALSE): An arbitration award must be vacated if a court of law or equity would not have arrived at the same result.

Answer 16

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.

Question 17

A trial court has the power to vacate a default judgment or decree on the ground of fraud within ______ of rendition.

Answer 17

Two years.

Question 18

Leave to amend a pleading is to be:

Answer 18

Liberally granted in furtherance of the ends of justice.

Question 19

Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within ______ after the cause of action accrues.

Answer 19

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.]

Question 20

A _______ requires a nonparty deponent to bring documentary evidence with him to a deposition.

Answer 20

Subpoena duces tecum.

Question 21

A motion to strike the evidence serves the same function as ________ in federal court.

Answer 21

Motion for judgment as a matter of law.

Question 22

_______ of the appellate court justices are required for the court to sit en banc.

Answer 22

8

Question 23

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?

Answer 23

In both the opening statement and closing argument.

Question 24

A notice of appeal must be filed within ______ of entry of the final judgment or other appealable order or decree in circuit court.

Answer 24

30 days.

Question 25

After trial in the circuit court, any notice of appeal must be originally filed with which court?

Answer 25

The circuit court that tried the case.

Question 26

(TRUE/FALSE): In determining whether the judgment of another state precludes further litigation, a Virginia court will apply Virginia law.

Answer 26

FALSE.

The extent of preclusion is determined by the law of the state that rendered the judgment.

Question 27

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?

Answer 27

3

Question 28

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.

Answer 28

10

Question 29

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?

Answer 29

1

Question 30

Unless otherwise provided, every action for damages resulting from fraud shall be brought within _____ year(s) after the cause of action accrues.

Answer 30

2

Question 31

Any party may make a motion for summary judgment at any time, except in an action for…

Answer 31

Divorce

Question 32

An appellant in the court of appeals must file an opening brief within _______ of the filing of the record.

Answer 32

40 days.

Question 33

Except as otherwise provided directed by the Virginia Court of Appeals, oral argument for a party shall not exceed _____ in length.

Answer 33

15 minutes.

Question 34

In the court of appeals, the brief of an appellee must be filed within ______ of the filing of the appellant’s brief.

Answer 34

30 days.

Question 35

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.

Answer 35

five; seven; three

Question 36

The appellant may file a reply brief within _______ of the filing of the appellee’s brief.

Answer 36

14 days.

Question 37

In determining the amount in controversy in a civil action, what is excluded from the calculation?

Answer 37

Both interest and attorneys fees stipulated in an instrument are excluded.

Question 38

When may clerical mistakes in judgments or in the record be corrected by the court?

Answer 38

Clerical mistakes in judgments or in the record may be corrected by the court at any time.

Question 39

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.

Answer 39

90 days.

Question 40

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?

Answer 40

The test of the sufficiency of any defensive pleading in any civil action is made by a motion to strike.

Question 41

What is the purpose of Virginia’s long-arm statute?

Answer 41

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.

Question 42

(TRUE/FALSE): An extension of time to file a notice of appeal is not permitted.

Answer 42

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.

Question 43

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…

Answer 43

tolled by the filing of the plaintiff’s action.

Question 44

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.

Answer 44

One year.

Question 45

An “interlocutory appeal” is…

Answer 45

an appeal of a non-final order for which an appeal as of right does not exist.

Question 46

Amicus briefs are allowed as a matter of right when filed by…

Answer 46

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].

Question 47

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.

Answer 47

30

Question 48

If a five-person jury is required, the jury panel begins with at least ______ jurors to allow each side ______ peremptory challenges.

Answer 48

11 jurors; 3 peremptory challenges.

Question 49

A special grand jury consists of not less than ______ or more than ______ persons.

Answer 49

7; 11.

Question 50

If a seven-person jury is required, the jury panel begins with at least ______ jurors to allow each side ______ peremptory challenge(s).

Answer 50

13 jurors; 3 peremptory challenges.

Question 51

May a plaintiff join a claim in tort with one in contract?

Answer 51

Yes, provided that the tort claim and the contract claim arise out of the same transaction or occurrence.

Question 52

(TRUE/FALSE): A general denial of the entire complaint or plea of the general issue is not permitted.

Answer 52

TRUE.

An answer shall respond to the paragraphs of the complaint.

Question 53

If a three-person jury is used, each side selects one juror. Who selects the third juror?

Answer 53

The two jurors already selected.