Set 2 Flashcards
A civil plaintiff may take one nonsuit of a case, thereby being able to refile it, except when
A plaintiff has a right to do this once, except
1) After a motion to strike has been sustained or
2) After the jury leaves to deliberate, or
3) After the action has been submitted to the court for decision
Who may serve process
Any person of age 18 years or older and who is not a party or otherwise interested in the subject matter of the controversy may serve this
A sheriff may serve process only in what location(s)
This person may only serve process with their own county/city or one directly contiguous to their own
Service of process on a foreign corporation must be served upon who?
Process may be served only on an in-state officer, director, or registered agent of this type of corporation
Improper service of process may be “cured” when
When process was actually received by the person to whom it was directed within one year, this will be cured (except in divorce or annulment cases)
Equitable defenses: unclean hands
Under this doctrine, a party seeking equitable relief must himself not have been guilty of inequitable or wrongful conduct, and the wrongful conduct must relate to the claim asserted
Equitable defenses: availability of remedy at law
Under this doctrine, a party seeking equitable relief must establish that money damages would not be sufficient to place him back in the position he would be in had the breach not occurred
Equitable defenses: hardship or oppression
Under this doctrine, a party seeking equitable relief must show that the requested relief will not cause unreasonable great hardship on the other party
Equitable defenses: fraud
Under this doctrine, a party seeking equitable relief must show that the requested relief will not cause unreasonable great hardship on the other party
Elements to establish a temporary injunction
1) Has a recognized legal right
2) Will suffer irreparable harm without an injunction
3) Balancing equities and hardships weighs in their favor
4) Likely to succeed on the merits, and
5) No adequate remedy at law
Action in detinue
This type of action allows a court to determine who is entitled to possession of an item or to award damages when the item cannot be returned
SOL: fraud
This type of claim must be brought within 2 years from the time the P was or should have been aware of the issue
May a judge award attorney’s fees to a prevailing party
These may not be awarded to a prevailing party, except in a suit for fraud
May a court permit the late filing of responsive pleadings?
The court may permit this type of pleading, even when the time for filing them has passed, if the party demonstrates good cause for the delay
Responsive pleadings: time within which one must be filed
A defendant must file this within 21 days after they are served
When a default judgment is entered against a D who does not appear at the trial, may he still present evidence as to damages?
A D against whom a default has been entered may still present this type of evidence
When may a court grant leave to amend a complaint?
This type of “leave” is discretionary and is to be liberally granted to attain the ends of justice
To appeal from GDC to CC, a party must file their notice within how long?
This notice must be filed in the GDC within 10 days of the final judgment
Appeals to this court will result in a brand new trial (ignoring what happened in the court below)
Appeals to CC from GDC results in this
This type of appeal allows for the admission of brand new evidence, not ever presented to the court below
Appeals to CC from GDC allow this type of evidence
This type of appeal will not review or consider what happened in the court below
Appeals to CC from GDC do not review or consider this
This type of error will not be considered on an appeal to the Court of Appeals or Supreme Court
Unpreserved errors (errors that were not objected to in the trial court)
What is the standard for appellate review of a trial court’s decision on a motion for summary judgment?
When appealing this motion from a CC, the appellate court reviews the trial court’s decision de novo
When must a party object to the form or admissibility of evidence at trial?
A party must object at the time the evidence is offered, or else the objection is waived
When is a motion for new trial appropriate in VA state court?
A motion for new trial is appropriate to raise errors that occurred during the trial that affected the party’s substantial rights
