Set 4 Flashcards
When can forum selection clauses in Ks not be enforced?
Upon a showing of unfairness, unreasonableness, fraud, or unequal bargaining power
What is a misnomer of a party?
A party that is incorrectly named in a pleading. Corrected by motion and affidavit
How is service done in CC?
The complaint and summons are served upon the D
How is service done in GDC?
A complaint, warrant, or motion for judgment are served?
If personal service is not available
Service can be delivered to a family member over 16 years old at D’s usual place of abode; server must explain the significance
How can service of process be made by posting?
Must post on main entrance of place of abode, mail a copy to D, and file a certificate of mailing in the clerk’s office
What are most commonly used long-arm jurisdiction grounds on the bar exam
Transacts business in VA, contracts to supply services or things in VA, causes tortious injury by an act/omission in VA, uses a computer or computer network located in VA
When is service by publication available?
1) When a party is a foreign corporation or nonresident
2) Diligent search did not reveal a location
3) Sheriff unable to serve for 21 days
4) Unknown persons may be interested in the subject matter
What is a counterclaim?
Claim made by D against one or more Ps
What is a crossclaim?
Claim made by D against another D
What is a third party claim?
Typically a claim by D against a 3rd party whom D asserts is or may be liable for all or part of D’s claim
If seeking damages in a complaint, what must P file?
An ad damnum clause must be filed if what is sought
What are responsive pleadings?
They respond to another party’s aggressive pleadings
What are the most common types of responsive pleadings on the bar exam?
1) Demurrer
2) Plea in bar
3) Motion to dismiss
4) Motion for bill of particulars
5) Motion craving oyer
When must an answer be filed?
21 days after service of process or entry of order overruling D’s responsive pleading
Should D file an answer in GDC?
D is not required to file an answer in this court. D can just show up to the trial and defend it
What is a demurrer
Argues that even if everything in the complaint is true, P is still not entitled to any relief
What is a motion to strike a pleading?
Challenges the procedural sufficiency of a pleading
What is a motion for a bill of particulars?
Court order compelling a party to elaborate any pleading that does not provide adequate notice of a claim or defense
How does a D attack service of process?
Motion to quash service of process and motion to dismiss for failure to serve service
Can a D inadvertently waive objection to service of process?
Through conduct related to adjudicating the merits of the case
What motion should a D file if they were not served with the required method of service?
A motion to quash process would best serve this argument
What is a motion craving oyer?
Seeks a court order compelling P to produce essential document mentioned in the complaint but not attached
If a pleading, motion, or affirmative defense sets up a new matter, what should the other party file?
A reply is necessary when a pleading, motion, or affirmative defense sets up a new matter and it must be filed within 21 days
