rules

Question 1

VA FOIA- Meetings of public bodies

Answer 1

conducting public business shall be open to the public. VA Code prohibits transacting public business other than by votes at puhcli meetings.

Question 2

Under the Dillon Rule, localities have only those powers that are:

Answer 2

(i) expressly granted by the general assembly;
(ii) necessary and fairly implied by the powers that are expressly granted; or
(iii) essential and indispensable.
This is a rule of strict construction, so if there is any doubt as to whether a local government has been given a specific power by the GA, the local government does not have that power.

Question 3

Diversity jurisdiction exists when the parties are

Answer 3

completely diverse and the amount in controversy is greater than $75,000.

Question 4

Complete diversity means

Answer 4

that no plaintiff is a citizen of the same state as any defendant.

Question 5

Corporations have dual citizenship.

Answer 5

A corporation is a citizen of the state in which it was incorporated and the state in which it has its principal place of business.

Question 6

A corporation’s principal place of business is

Answer 6

determined by the nerve center test, which says that the principal place of business is the location from which the high-level corporate officers direct and control the activities of the corporation.

Question 7

A person is a

Answer 7

citizen of the state in which they are domiciled, which is where they reside with an intent to reside.

Question 8

Civil appeals, other than

Answer 8

Worker’s Compensation, Appeals from State Administrative Agencies, and Domestic Relations, cases go to the Supreme Court of VA by petition.

Question 9

21 Day Rule

Answer 9

After entry of a final judgment, a case “rests in the breast of the court” for 21 days. After the 21 day period, the trial court has no further jurisdiction over the case.

Question 10

A self-proving affidavit is

Answer 10

not required for a valid will, but the will must meet the following requirements:
It must be in writing and signed by the testator. The testator must sign or acknowledge the will in the presence of two competent witnesses, who are present together at the same time.
The two witnesses must “subscribe the will in the presence of the testator.”

Question 11

All civil appeals (except

Answer 11

domestic or workers compensation cases) from Virginia Circuit Courts are made on petition to the Supreme Court of Virginia.

Question 12

If a petition for a civil appeal is incorrectly filed in the Virginia Court of Civil Appeals,

Answer 12

that court will transfer the petition to the Virginia Supreme Court.

Question 13

When a potential juror is related to a party, has any interest in the case being tried, or has expressed an opinion or bias in the matter,

Answer 13

he can be stricken from the panel for cause. It would be a reversible error for a court to force a party to use one of their peremptory strikes when the juror should be stricken for cause.

Question 14

Issues (“assignments of error”) raised on appeal for the first time

Answer 14

will not be considered by the appellate court unless the “ends of justice” exception applies.

Question 15

In general, trial counsel must have objected to the issue and

Answer 15

given the trial judge a chance to rule on it in order for that issue to be considered on appeal.

Question 16

The “ends of justice” exception is applied

Answer 16

in extreme cases where the court must correct a grave injustice.

Question 17

A contract to make a will is

Answer 17

controlled by the same rules and principles and is enforceable as other contracts.
The available remedy for breach of this contract is Specific Performance.

Question 18

An installment contract authorizes

Answer 18

delivery of items in separate lots over time. Late delivered lots can be rejected only if the late delivery “substantial impairs” the value of the installment.

Question 19

There are “terms of art” used in contracts for the sale of goods, and

Answer 19

they are enforceable where the meaning of the term can be found in usage of trade.

Question 20

Out of state residents

Answer 20

may serve as executors, so long as they consent to Service of Process in VA and they post a surety bond.

Question 21

Even if a will waives the surety on a fiduciary bond for an out of state resident, they

Answer 21

will still need to post it unless a VA resident also qualifies as coexecutor (or administrator c.t.a. to be precise) along with her.

Question 22

A buyer that has accepted non-conforming goods may

Answer 22

keep the goods and recover damages “for any loss” resulting from the breach, including lost profits.

Question 23

Probable cause exists where

Answer 23

the facts and circumstances within the officer’s knowledge, and of which they have reasonably trustworthy information, would lead a reasonable person to believe that a crime has been committed, and the arrestee is the one who committed it.

Question 24

Motions to Separate Witnesses

Answer 24

In general, the court is required, on motion of either attorney, to exclude witnesses to be called. But there is a statutory exception that allows a complaining witness to remain in the Courtroom, unless the court finds in its discretion that the presence of the victim would impair the conduct of a fair trial.

Question 25

Crim Pro: Motion to Suppress

Answer 25

Motions seeking to exclude evidence must be raised in writing before trial by motion filed and notice given to opposing counsel not later than seven days before trial in circuit court.

Question 26

If a motion to suppress is untimely, the judge may

Answer 26

rule that the issues are waived or, the court is empowered, in its discretion, to still permit these types of motions to be made at trial.

Question 27

Sufficiency of the Evidence to Convict

Answer 27

It is not necessary that the victim actually see a firearm to convict for using a firearm in the commission of a felony- this could be proved by circumstantial evidence.

Question 28

Homeowners Association and Standing

Answer 28

Only the condominium unit owners’ association has standing to sue for claims related to common areas and limited common areas.

Question 29

Adverse Possession

Answer 29

One may obtain title by adverse possession when he proves that his possession was:

(1) actual and visible;
(2) exclusive;
(3) continuous;
(4) hostile to the ownership rights of the owner;
(5) for a period of 15 years.

Question 30

Grounds for Divorce include

Answer 30

(1) constructive desertion
(2) cruelty
(3) adultery
(4) no fault

Question 31

Constructive desertion requires

Answer 31

that a spouse prove the other’s conduct is so egregious as to justify the non-offending spouse leaving the marital home.

Question 32

Cruelty requires

Answer 32

acts that tend to cause bodily harm and render the spouses’ living together unsafe.

Question 33

Adultery is not a grounds for divorce when

Answer 33

the other spouse also engaged in adultery (recrimination), or when the adultery is condoned by resuming marital relations (condonation).

Question 34

A no-fault divorce may be decreed if

Answer 34

the parties have lived separate and apart for 6 months, without cohabitation or interruption, if there are no children and the parties have a separation agreement, or upon separation of the parties for period of one year if they have children.

Question 35

Courts determine spousal support in accordance with the factors set out in the VA Code:

Answer 35

1. the fact that she did not work outside the home during the marriage at her husbands insistence;
2. the standard of living to which she became accustomed during the marriage;
3. the duration of the marriage;
4. one party’s health issues;
5. one party’s present earning ability and capacity to acquire training to enhance her ability to enter the job market and earn a living.

Question 36

At an equitable distribution hearing, the court will determine

Answer 36

the value of all property, real and personal, tangible and intangible, acquired during the marriage. It will consider each spouse’s contribution to the accumulation of that property in deciding how the property will be divided.
The court may also consider fault grounds in determining equitable distribution.

Question 37

The division of marital property shall consider such factors as:

Answer 37

1. the contributions of each party in the acquisition of the marriage;
2. the duration of the marriage;
3. the ages and mental and physical conditions of the parties;
4. how and when specific items were acquired;
5. the debts and liabilities of each spouse;
6. the tax consequences to each party;
7. the liquid or non-liquid character of the property;
8. whether a spouse used the marital property for a non-marital purpose, such as paying for excursions with gf;
9. such factors as the court considers necessary and appropriate to reach a fair award.

Question 38

A court would most likely find grounds for constructive desertion where a spouse engages in

Answer 38

exclusively verbal abuse, and that verbal abuse causes the other to become ill and to reasonably fear for her health and safety.
Constructive desertion does not require actual physical abuse or assault.
Note- cruelty does require acts that tend to cause bodily harm.

Question 39

Under the unclean hands doctrine,

Answer 39

a party seeking equitable relief must himself not have been guilty of inequitable or wrongful conduct. The other options here may be defenses to a criminal prosecution, but not to a civil case seeking equitable relief (such as an injunction).

Question 40

Private Nuisance

Answer 40

Private nuisance requires an action that unreasonably interferes with the use and enjoyment of plaintiff’s land in a way unique to the plaintiff.

Question 41

Adultery in Virginia bars an award of spousal support

Answer 41

to an offending spouse, unless the denial of that award will amount to a manifest injustice to that spouse, although the application of the manifest injustice exception is in the discretion of the judge.

Question 42

Contempt of Court

Answer 42

Under VA Statutory law, insulting language directed toward a court or misbehavior of an officer of the court in his official capacity, are both grounds for finding someone guilty of contempt.
Any Virginia judge may prohibit any lawyer from practicing in his or her court as a sanction.

Question 43

Reporting Requirements

Answer 43

The Virginia Cannons of Judicial Conduct say that when a Judge has knowledge of an ethical violation that reflects on a lawyer’s honestly, trustworthiness, or fitness to practice law, he should inform the VA State Bar.

Question 44

Imposing Sanctions for Ethical Violations

Answer 44

The Rules of the VA Supreme Court authorize the imposition of sanctions. Thees include striking pleadings, staying further proceedings, and dismissal.
Under VA Statutory law, the Court may impose sanctions on its own initiative, without request from a party, which shall include reasonable expenses, attorney’s fees, and costs charged to the offending party.

Question 45

Nonsuits

Answer 45

A plaintiff may “nonsuit” his own case as long as none of the following has occurred:

1. a motion to strike the evidence has been sustained;
2. the jury has retired from the bar; or
3. the action has been submitted to the court for decision.

Question 46

Professional Conduct in Litigation

Answer 46

A lawyer may not bring or defend a proceeding, or assert or controvert a legal issue, unless there is a good-faith basis for doing so that is not frivolous.
A lawyer may not knowingly make a false statement of fact or law to a tribunal.
A lawyer must not conceal a document or other material having evidentiary value, for the purpose of obstructing a party’s access to evidence.

Question 47

No court shall, without a jury, for any contempt of court,

Answer 47

impose a fine exceeding $250 or imprison for more than 10 days; but in any such case the court may, without an indictment, information or any formal pleading, impanel a jury to ascertain the fine or imprisonment proper to be inflicted and may give judgment according to the verdict.

Question 48

Depositions are not admissible in Virginia state courts on

Answer 48

a Motion for Summary Judgment in cases for compensatory damages.
However, replies to Requests for Admission, even when the content is based on responses provided in a deposition, are admissible as long as:
they don’t directly reference the deposition and
they don’t require the deponent to admit or deny that he gave certain testimony in the depo.

Question 49

VA FOIA- VA Code provides that “All public records

Answer 49

shall be open to inspection and copying by any citizens of the Commonwealth during regular office hours of the custodian of such records.”

Question 50

Notice of Appeal

Answer 50

A notice of appeal is filed in the Circuit Court. It must be filed within 30 days from the date of entry of the final order.

Question 51

Unduly Suggestive Identification

Answer 51

A “show-up” identification procedure is not overly suggestive when the witness has sufficient time and ability to look at the suspect and is not pressured to identify someone.

Question 52

Appeals by Petition only in Civil Cases

Answer 52

Appeals form final judgments in Circuit Court civil cases, other than domestic relations cases, are by petition to the VSC.
There is no right to a civil appeal beyond the Circuit Court in those cases. One must petition the VSC, requesting they accept the appeal.

Question 53

Limitations on Liability

Answer 53

The VA Code does allow corporations to cap liability of officers and directors in the articles of incorporation. However, the cap does not apply to willful misconduct.

Question 54

Business Judgment Rule

Answer 54

The business judgment rule does not protect decisions made that were not made on behalf of the organization.
In VA, the business judgment rules only protects those who acted with a good faith belief that their actions were in the best interests of the organization.

Question 55

Fiduciary Duty of Loyalty

Answer 55

The fiduciary duty of loyalty is owed to the corporation itself, and not to the shareholders.
VA does not recognize an exception to this rule in the case of small, closely held corporations.

Question 56

Employer Indemnification

Answer 56

When an employer is found liable for his employee’s torts under the doctrine of respondent superior, the employer has an indemnification claim against the tortfeasor employee.

Question 57

Respondeat Superior

Answer 57

Under the doctrine of respondeat superior, an employer is liable for the torts of his employee that are committed within the scope of his employment.
Courts generally hold the employer liable for employees’ minor deviations, often referred to as a “detour.”

Question 58

A bailment relationship requires

Answer 58

delivery by the bailor and consent by the bailee.
Va follows the common law approach of basing the standard of care upon who benefits from the relationship. In a commercial relationship, the benefit is typically considered mutual and an ordinary standard of care applies. Thus negligence or gross negligence will incur liability, but slight negligence likely will not.

Question 59

In order to bind a principal in contract, the agent must

Answer 59

act with either actual or apparent authority, or the principal must subsequently ratify the contact.

Question 60

Actual authority may be

Answer 60

either express or implied, and it is based on the principal’s communications with the agent and the agent’s reasonable belief that he is authorized.

Question 61

An agent acts with apparent authority where

Answer 61

the third party reasonably believes, based on manifestations of the principal, that the agent is authorized. Apparent authority arises out of the principal’s holding out of the agent as authorized.

Question 62

In order to ratify the actions of the agent, the principal must

Answer 62

know the material terms of the contract, or be aware of his lack of knowledge. Additionally, silence may constitute ratification where a person would be expected to speak.

Question 63

A principal cannot avoid ratification by

Answer 63

relying on his ignorance of the contract terms where he was deliberately ignorant of those terms.

Question 64

Indemnity Clauses in Construction Contracts

Answer 64

A sales contract to sell chemicals which can be used on existing structures is not a “construction contract” relating to the construction, alteration, repair, or maintenance of a building, so the VA code does not invalidate the indemnity clause.

Question 65

Choice of Law

Answer 65

A federal court sitting in diversity will apply the choice of law rules of the state in which it is sitting.

Question 66

Virginia’s choice of law rules

Answer 66

provide that it the parties choose the law to apply, then that will govern so long as there is some reasonable relation to the selected state.

Question 67

To perfect his appeal, the appellee must

Answer 67

1. file his Petition for Appeal in the Supreme Court within 3 months of entry of the Circuit Court’s final order
2. post a bond for costs in the SCV
3. file a Notice of Appeal in the Circuit Court Clerk’s Office within 30 days of the entry of the Circuit Court’s final order
4. Make any transcript part of the trial court’s record by filing it within 60 days of entry of the final order, or file a “statement of the incidents of trial” within 55 days from the entry of the final order with notice to counsel of presenting it to the judge for certification

Question 68

After determining that complete diversity exists, we analyze whether the amount in controversy requirement is also met. In a declaratory judgment action,

Answer 68

the federal court must consider the amount appearing to be the object of the litigation and, it must appear to a legal certainty that the claim is really for less than the jurisdictional amount to justify dismissal.

Question 69

Under VA Code, a records custodian has

Answer 69

5 working days to respond to a FOIA request. It may respond that it is not practically possible to provide the requested records in or to determine whether they are available within 5 working days, in which case the records must be provided within an additional 7 working days.

Question 70

No public body shall vote by

Answer 70

telephone or other electronic means. No meeting shall be conducted through video, electronic or other communication means where members are not physically assembled to discuss or transact public business.
Communicating electronically to ascertain a public body member’s position is permissible provided that it’s done on a basis that doesn’t constitute a meeting.
Exception- if the governor calls for a state of emergency.