Set 1

Question 1

How long does Circuit Courts retain jurisdiction to consider post-trial motions

Answer 1

21 days after entry of a final judgment in circuit court

Question 2

Civil appeals from circuit court go first to what court?

Answer 2

The court of appeals is the first place for civil appeals from this court to be filed

Question 3

When a party files an appeal in the wrong appellate court, what result?

Answer 3

The appeals will be transferred

Question 4

3 reasons a juror strike should be “for cause”

Answer 4

Juror is

1) Related to either party of the case

2) Has any interest in the outcome of the case, or

3) Has any apparent bias or prejudice to any party

Question 5

To be considered on appeal, errors must be

Answer 5

Raised by objection in the trial court

Question 6

Appeals from GDC to CC are

Answer 6

De-novo (appeals from this court will result in a brand new trial as if the first one never happened)

Question 7

A motion to re-open a GDC case must be made within how long

Answer 7

This motion must be made within 30 days from the judgment of the GDC

Question 8

A motion to vacate a judgment obtained by fraud on the court must be made within how long

Answer 8

A court may still do this within two years from the date of a judgment

Question 9

A notice of appeal must be filed in the circuit court within how long

Answer 9

A notice of appeal is filed in this court within 30 days after entry of its final order

Question 10

After losing a civil appeal in the VA court of appeals, a party may

Answer 10

A petition for appeal may be filed in the Supreme Court of VA in this situation

Question 11

Motions for summary judgment: use of deposition testimony transcripts

Answer 11

These may not be directly admitted as evidence in a motion for summary judgment

Question 12

Motions for summary judgment: use of a party’s admissions provided in response to a discovery request for admission

Answer 12

These may be admitted as evidence in a motion for summary judgment, even if based on answers from a deposition

Question 13

Is it waivable: SMJ

Answer 13

This type of jurisdiction cannot be waived, and the issue can be raised at any point in the proceedings

Question 14

Is it waivable: PJ

Answer 14

This type of jurisdiction can be waived

Question 15

Ends-of-justice exception

Answer 15

This exception allows a party to raise an issue on appeal that was not preserved in the trial court (this exception is almost never applied)

Question 16

Objecting to PJ after filing an answer or conducting discovery

Answer 16

An objection to this type of jurisdiction cannot be made after a party files an answer, makes a general appearance, or engages in discovery

Question 17

A D’s motion to change venue must be made within how long

Answer 17

This motion must be made within 21 days of service of process on a D

Question 18

A demurrer is a filing that does what

Answer 18

This filing challenges the legal sufficiency of a complaint (or counterclaim, cross-claim or third-party claim). This is the VA equivalent to a 12(b)(6) motion in federal court

Question 19

Wrongful death suit: SOL

Answer 19

This type of action must be filed within 2 years of the date of the death

Question 20

What type of filing challenges an action for exceeding the SOL

Answer 20

A “plea in bar” is filed to challenge this

Question 21

Wrongful death suit: first class of beneficiaries

Answer 21

Surviving spouse, children, and parents (only if they were supporting the decedent at the time of their death)

Question 22

Wrongful death suit: second class of beneficiaries

Answer 22

If no spouse, children, then to the parents, brothers, and sisters of the deceased and any other relative who was primarily dependent on the decedent and lived with them

Question 23

SOL on actions for any verbal contract or unsigned written contract, express or implied

Answer 23

This type of claim must be brought within 3 years of a breach

Question 24

SOL on actions for any written contract that is signed by the party to be charged

Answer 24

This type of claim must be brought within 5 years of a breach

Question 25

SOL on actions for defamation

Answer 25

This type of claim must be brought within 1 year of the date a communication occurred