September 2020 Bar Exam

Question 1

Real Property

According to the Doctrine of Mutual Mistake

Answer 1

A court may give relief where there has been an innocent omission or insertion of a material stipulation, contrary to the intention of both parties.

Question 2

Example of the application of the Doctrine of Mutual Mistake.

Answer 2

the parties agreed in writing that Owen would pay his share of the probated real estate taxes as of the closing date

Unintentional oversight.

Question 3

Under the Merger Doctrine, a previous contract is extinguished by an instrument of higher quality which is the deed.

Answer 3

However, the doctrine of merger only applies to subject matter specifcially covered by the deed. It does not apply to provisions that are collateral to the passage of time.

A closing Statement does not extinguish a purchase contract.

Question 4

Requirements of a Valid Deed.

Answer 4

1. It must meet certain formalities
2. It must be delivered by the grantor
3. and be accepted by the grantee.

Question 5

Delivery requirement for a valid deed.

Answer 5

It can be delivered by a number of means. Including manual delivery,

failure to record does not invalide a deed.

Once delivery occurs, the title passes to the grantee

Question 6

Warranties that are encompassed by the English Covenant of titles

Answer 6

These mean that the deed is conveyed in Fee Sample.

Expression of the grantor of those covenants.

Question 7

the lit of warranties that are encompassed by the English Covenant of Titles

Answer 7

1. covenant of the right to convey
2. Covenant of quiet possession
3. Covenant of free from encumbrances
4. covenant of further assurances
5. Covenant of no act to encumber.

Question 8

Covenant of Quiet Possession

Answer 8

a promise that the grantee will hold the property free from any interruption of demand by anybody

Question 9

Covenant free from Encumbrances

Answer 9

A legal promise by the seller to the buyer that the property is free from any liens or other claims.

Question 10

What is an encumbrance

Answer 10

the existence of physical intrusions or encroachments or superior title or interest in the land held by another party

Question 11

Lawful zoning ordinances are not?

Answer 11

Encumbrances

Question 12

The Present Estates

Answer 12

Covenant of Seisen - that the grantor owns the property

Covennat of right to convey - that the Grantor can transfer the property

Covenant against Encumbrances - that there are no servitudes or liens on the property

Question 13

The Future Covenants

Answer 13

The Covenant of Quiet Possession - Grantor promises that the Grantee will enjoy possession of the property free from any lawful claims by third parties

The Covenant of Warranty - the Grantor promises to defend against any reasonable claims of title by a third party and to compensate the Grantee for any loss sustained by the claim of superior title.

The Covenant for Further Assurances - the Grantor promises to do whatever is needed to perfect the grantee title, if it turns out to be imperfect.

Question 14

The Quiet Claim Deed

Answer 14

No covenants

Question 15

General Warranty Deed

Answer 15

It warrants againt all defects in title, including those attributes to the Grantor’s predecessors

Question 16

Special Warranty Deed

Answer 16

Same Covenants but the grantor only makes the promises on behalf of himself

Question 17

In regard to Judgment liens in connection of a breach of a covenant free of encumbrances, it is generally accepted that

Answer 17

as long as the judgment wasn’t enforced, no actual damages are incurred by the buyer unless he discharges teh lien or suffers damages as a result of the judgment creditor’s enforcement of the lien.

Thus a grantor would only become liable to the grantee if the Grantee suffers actual damages from the enforcement of the lien or voluntary satisfaction.

Question 18

lawful Execution of a Deed

Answer 18

• A writing signed by the grantor
• an unambigious discreption of the property
• identification of the parties by name or description
• word of intent to transfer

Question 19

The sale of all the assets of the corporation is a what?

Answer 19

A fundamental corporate change that needs the approval of the shareholders under a number of formalities.

Question 20

A exception to the formalities of the approval of a fundamental corporate change is the approval of all the shareholders.

Answer 20

All the Shareholders.

Question 21

The approval of the shareholders is required for Fundamental Corporate Changes

Answer 21

It isn’t required for nonfundamental Corporate changes

Question 22

If the purchasing of the assets of another corporation a fundamental corporate change?

Answer 22

No, it is not, thus it only need the approval of the board of directors.

Question 23

What duties does a director owe to the corporation?

Answer 23

They owe fiduciary duties of loyalty and care.

Question 24

What does the Good Faith Judgment Rule do?

Answer 24

It protects the director from liabilty for business decisions made in good faith and that a reasonably prudent person would have done in the similar situation with the belief that the director is acting in the best interest of the corporation.

Under this standard, a court will uphold the decisions of a director as long as they are made (1) in good faith, (2) with the care that a reasonably prudent person would use, and (3) with the reasonable belief that the director is acting in the best interests of the corporation.

Question 25

Example of failing to exercise their good faith business judgment

Answer 25

by not doing any due diligence. Not sufficient to rely on the assertions of a biased seller.

Question 26

Approve of interested transfers involving interested directors.

Answer 26

Approval by a majority of disinterested directors who were informed of all the material facts.

A quorum. the presence of even a vote by the director with a conflicting interest in a given transfaction doesn’t affect the validity of the action.

Question 27

VA Civil Procedure

The circuit court has board discretion in determining whether to grant leave to a party to file a late pleading. As long as there is Good Cause.

This is a Good cause standard and should be liberally granted.

No intent to delay, or obstruct, or prejudice to Paige.

Answer 27

Examples of Good Cause
- The extent and reason for the delay and prejudice to the opposing party caused by the delay.

(b)Relief from Default. - Prior to the entry of judgment, for good cause shown the court may grant leave to a defendant who is in default to file a late responsive pleading. Relief from default may be conditioned by the court upon such defendant reimbursing any extra costs and fees, including attorney fees, incurred by the plaintiff solely as a result of the delay in the filing of a responsive pleading by the defendant.

https://casetext.com/rule/virginia-court-rules/virginia-rules-of-supreme-court/part-three-practice-and-procedures-in-civil-actions/rule-319-default

Question 28

After the entry of a default judgment, is the defaulting party entitled to offer proof or argument on the issue of liabilty or evidence of damages?

Answer 28

The defaulting party, after a default, isn’t entitled to offer proof are argument on the issues of liability, he was entitled to object to evidence concerning damages.

Question 29

Once a Circuit Court enter default judgment against Bart, Bart was not entitled to ofer proof or argument on the issues of libiality.

Answer 29

Except for damages

Question 30

Contributory negligence needs to be plead or it will be?

Answer 30

waived.

Question 31

VA Civil Procedure and Domestic Relations

In regard to amending Complaints, the VA Court follows Rule 1.8 which states that

Answer 31

That amending a complaint or pleading shall only be granted by leave of court who’s permission should be liberally granted in the furtherance of justice.

Question 32

A Court can grant a divorce when the parties have been separated from each other for one year .

Answer 32

This one year means that they have broken off marital cohabitation.

Question 33

When there are multiple grounds for divorce, the court has the authority to find when

Answer 33

a party has failed to met the burden of proof on some of hte fault grounds but that ther eare sufficient grounds at the time of the entry of the divorce based on one year separation.

Question 34

According to VA Code Section 20-107.3, the court shall determine the value of the property for purposes of equitable distribution as of the date of the evidentiary hearing unless a motion was filed no later then 21 years before the evidentiary hearing.

However,

Answer 34

some VA precedent indicates that in teh interest of obtaining a just and fair result, the court can use a valauation date other then teh evidentiary hearing even if the motion was not maede within the 21 day time limit.

Question 35

What is nonmarital property?

Answer 35

all property acquired by the parties before the marriage or after the marriage or by inheritance to one spouse

Question 36

Increase in the value of nonmarital property can turn it marital in these situations.

Answer 36

any increase in the value of the nonmarital property continues to be part of nonpartial property unless it is attributed to the personal efforts of either party or contributions from marital property.

However, this personal effort and contribution must be significant and result in a substantial appreciation of the separte property for it to be considered marital.

Personal efforts is defined as any labor, effort, inventiveness, physical, or intellectual skills, creativity or mangaerial or marketing activity applied directly to the separate property.

The non owning spouse has the buden of proof of showing that the separate property of the other spouse had become marital property.
If so, then the burden goe to the non burdened spouse to show that the increase in value was not the result of the peronal efforts of other spouse.

Question 37

Rewarding of Spousal Support.

Virginia Code Section 20-107.1

Answer 37

Needs, obligations, and financial resources of you and your spouse, including any pension, profit sharing, or other retirement plan
Length of your marriage
Your standard of living while you were married
Age of you and your spouse, your physical and mental condition, and any special family circumstances
Whether special conditions of your children, your spouse, or you prevent one of you from working
Financial and other contributions of both partners during the marriage
Property owned by each spouse, including marital property
How marital property is being divided in the divorce
Ability of both you and your spouse to earn money, which includes each of your skills, education, training, and employment opportunities
Ability, cost, and time involved for you and your spouse to obtain the education and training needed to earn more money
Decisions you and your spouse made about both of your careers, jobs, education, or parenting arrangements while you were married and how these affect your current and future income and job opportunities
How you and your spouse helped each other advance with regard to education or your careers while you were married
Other factors that would make an award of alimony fair such as tax consequences to each spouse and the reasons for the divorce

Question 38

The impact of Adultery on spousal award.

Answer 38

According to VA Law, no spousal support will be granted from another party if that spouse has commited adultery to the proposed paying spouse.

However, the court may make an exception, not withstanding the adultery, if based on clear and convincing evidence, that a denial of spousal support would result in manifest injustice.

based on the degrees of fault during the marriage and the relative economic circumstances of the parties.

Question 39

In regard to child support, in relation to parents

Answer 39

Every parent owes a duty of support for a child and a child support guidelines are the presumption amount of child support for a child.

In addition, the court retains jurisdiction to award child support based upon a material change of circumstances

And this support can’t be waived. Child support must be paid until the child reachs the age of majority

Question 40

Contracts UCC

Are leases of goods governed by the UCC?

Answer 40

Yes

Question 41

Lease of Goods and the Implied Warranty Fitness for Particular Purpose

Answer 41

If the lessor had reason to know of the particular purpose for which the goods are required for and that the buyer relied on the lessor’s knowledge and skills to select the goods, then there is an implied warranty of Fitness for Particular Purpose in the lease.

Example:

The lessee informed the lessor of the needed purpose of the goods. And the Lessor pointed out the ladder for him to use.

This doesn’t apply for finance leases.

Question 42

What is the impact of statements like AS IS

Answer 42

Unless circumstances indicate other wise, all implied warrranties are excluded by expressions like AS IS or WITH ALL FAULTS. or by any ther common understanding calls the lessee attention to the exclusion of warranties. and makes it plain that there is no implied warranty. AI

Question 43

Does the UCC apply to used goods?

Answer 43

Yes,. the definition of goods in VA is all things which are movable at the time of the idenification of the contract for sale.

Question 44

Implied Warranty of Merchantabilty

Answer 44

Unless excluded or modified, a warranty that the goods shall be merchantability is implied in a contract for sale if the merchant is the seller of the goods of the kind sold.

For goods to be merchantable must past without objection in the trade under the contract description.

Donald’s is a hardware store. REgularly deal in goods such as nails guns.

Unmerchantable because it malfunctioned immediately by shooting nails into the user hand.

no expressed

Question 45

Federal Rule of Civil Procedure 35 allows the court to order a party to submit to a physical or mental examination by a suitably licensed examiners when ….

Answer 45

the party’s mental or physical condition is in controversy.

The party’s mental or physical condition must be subject of the basis of controversy in order for the court to order that party to submit to a physical or mental examination by a suitably licensed examiners.

Question 46

Notice of Deposition

Answer 46

rule 23 A of the Federal Civil Procedure

Question 48

the lateness of the deposition.

Answer 48

Patrick could rightly object when the testimony can’t be offered in time.

A violation of the court’s pre trial schedule

Question 48

Extortion - Criminal

Answer 48

Embezzlement is deemed larceny in Virginia. Under Virginia Code § 18.2-111, embezzlement involves wrongful and fraudulent use, disposal, or concealment of money, check, bill, note, draft, bond, receipt, or bill of lading, which the person received for another based on the person’s office, trust, or employment.

Anyone found guilty of embezzlement is punished under Virginia’s larceny laws. If the embezzlement involves a value of less than $1000, it is petit larceny. If the embezzlement involves something with a value of $1000 or more, it is considered grand larceny.

Question 49

The Penalties for Embezzlement

Answer 49

Penalties for Embezzlement
The penalties for embezzlement are the same as for grand larceny or petit larceny. As petit larceny, valued at less than $1000, embezzlement can be punishable as a Class 1 misdemeanor. The maximum penalties include up to 12 months in jail and a fine up to $2,500.

Felony embezzlement, involving $1000 or more in value, is punishable by up to 20 years in a state correctional facility.

If convicted of felony larceny, the collateral consequences of a felony record can continue long after any jail sentence. This can include difficulty finding a job, finding a place to live, and restrictions on purchasing or owning a firearm.

Question 50

Embezzlement

Answer 50

the Fraudulent conversion of the property of another by person to whom it was entrusted with, with the intent to permanently deprive

Question 51

Extortion

Answer 51

This consists of threatening to sue or injury a person or property in order to extort pecuniary benefit or sending a note or email messagre threatening to kill or do great bodily harm to the victim

Question 52

In regard to the crimes of the client, a lawyer shall not

Answer 52

consult a client to engage or assist a client a client, in conduct that the attorney knows is criminal or fraudulent.

However the lawyer is permitted to advise the client of the legal consequences of any proposed conduct and may counsel or assist a client to make a good faith effort to detrmine the scope and validity of hte law.

Question 53

When the crimes of the client is ongoing, the attorney must

Answer 53

respect the obligations to protect confidentiality without allowing the lawyer’s services be used to assist in criminal or fraudulent conduct.

Question 54

In regard to the limits of attorney client relation, the attorney shall

Answer 54

consult with the client regarding the relevant limits on the attorney’s conduct.

Question 55

In regard to dishonestly and fraud, according to the VA Rules,

Answer 55

professional misconduct for the lawyer to engage in conduct, involving, fraud, deceit, dishonestly, misrepresentation, which reflects adversely on the lawyer’s fitness to practice law.

Question 56

A lawyer’s obligations to protect a client’s confidential communications in detail.

Answer 56

A lawyer shall not reveal information protected by the attorney client privilege under applicable law or other information gained in the professional relationship that the clint has requested to be held inviolate or the disclosure of the information would be embarassing or be detrimential to the client unless the disclosures are inherently authorized to carry out the representation

and to preven crimes that are reasonabley certain to result in either death or substantial injury to another person or another’s property interest.

Question 57

In regard to the criminal intentions of the client, an attorney …

Answer 57

An attorney shall promptly reveal the intention of a client, as stated by the client, to commit a crime reasonably certain to inflict dealth or substantial injury on another person or the property interest of another and the information is necessary to prevent the crime.

HOWEVER

before revealing the information, the attorney shall, whenever feasiable, advise the client of the potential legal consequences and urge him to not commit the crime and advise the client that the attorney must reveal the client’s criminal intention unless there upon abandoned.

Question 58

the obligation to protect Client Confidentaility is interpreted to apply broadly and the exemptions to that should be narrowly construed.

Answer 58

When a client’s course of action has alreayd begun and is continuing, the lawyers’ resononisbiilty is expecially deliciate. the lawyer is not permitted to reval the client’s wrongdoing, except where permitted or required under Rule 1.6

the lawyer shall not continue assisting a client in conduct that the lawyer originally suppose is legally proper but then discovers is criminal or fraduluent conduct.

Question 59

Torts and Local Government

For which functions is a VA municipality immune from negligence?

Answer 59

They are immune for their governmental functions and not for their proprietory functions

They are immune for all except gross negligence

Question 60

the plain definition of governmental functions

Answer 60

The municipality engages in a governmental functions when it exercises it power and duties exclusively for the public welfare.

Question 61

Proprietary Functions

Answer 61

when the municipality exercises its powers and privileges primarily for its own benefit.

Question 62

How to tell the difference between Governmental and Proprietary Functions.

Answer 62

Whether the governmental entity is exercising the powers and duties of government conferred by law for the general benefit and well-being of it citizens.

Question 63

Is the Operation of a Fire Department a governmental function?

Answer 63

Yes, VA courts have held that the operation of a fire department is a governmental function.

The sole reason municipalities under the expense of installing fire hydrants it to promote their ability to respond to fire emergencies.

this is for the general safety and welfare of it citizenry.

Question 64

the operation of the water department to supply water for domestic and commerical purposes is a …

Answer 64

private or proprietary function.

This is proven by the fact that the residents are charged per gallon rate for the water usage.

Question 65

According to the VA Freedom of Information Act,

Answer 65

Public Records are to be open to the public except with a few exceptions.

Question 66

Examples of the specific exemptions to the free access of information in the VA Freedom of Information are …

Answer 66

The report was prepared specifically for ligitation
the engineer’s report continuers an engineer’ing drawing that disclosure could jeopardize the public safety

a trade secret.

Lucy is entitled to review and receive a cop of the report, but the city is not required to provide a copy at no cost.

Question 67

When is a claim for negligence barred

Answer 67

Every claim against a city for negligence is barred unless the claimaint or his representatives has filed a written statement of the nature of the claim which includes the time and place of the occurrence of the injury, within 6 months after the cause of action accrued. The notice shall be filed with the attorney or the chief executive or mayor.

Only two exceptions, city already had actual notice or plaintiff had disbility.

Question 68

Elements of a inter vivos Gift

Answer 68

Donative intent means the donor must intend to give the property as a gift. There can’t be any expectation for a return or payment in kind.

Delivery means the gift has to be physically handed over to the donee. In some cases, symbolic or constructive delivery may also qualify if physical delivery isn’t possible, such as handing over the key to a house.

Acceptance means the recipient agrees to accept the gift. If the recipient refuses the gift, then no transfer has occurred.

Question 69

Example of Donative Intent, Delivery and Acceptance

Answer 69

Donative Intent - expressed language

Delivery - physical, symbolic,

Aceptance - silence will be taken as acceptance of gift when it is a postive to the recipient

Question 70

Joint Tenants with Right of Survivorship

Answer 70

It will pass to the other tenants.

Question 71

Tenants in Common

Answer 71

However, tenants in common still have an undivided interest in the property, meaning that they have the right to use and enjoy the entire property. There is no right of survivorship. If an owner dies, that owner’s interests pass on to his or her heirs. A tenant in common can transfer their property interest via a will.Feb 15, 2024