Special Actions/Relief (Part XV) Flashcards
Detinue is an action at law to recover
specific property unlawfully withheld from Plaintiff, along with damages.
The elements of a detinue action are:
(i) P has right to property;
(ii) P has right to immediate possession;
(iii) property can be identified;
(iv) property has some value; and
(v) D had possession prior to suit.
Distress is an in rem law claim by a landlord for
recovery of rent by proceeding against the tenant’s tangible personal property.
Note: – 6 mos. rent if residential.
– 12 mos. rent if farming.
Exclusive jurisdiction for a distress action is
in the General District Court.
The statute of limitations for a distress action is
5 years.
Partition is an equitable proceeding where a co-tenant can
seek to divide or sell (and divide) jointly owned property.
Jurisdiction for the partition of real property is only in
the Circuit Court.
Ejectment is a remedy at law to
determine title to land.
Jurisdiction for an ejectment action is only in
the Circuit Court.
A boundary line action is a remedy at law to
determine the boundary line between two adjoining properties.
Jurisdiction for a boundary line action is only in
the Circuit Court.
Unlawful detainer is a remedy at law determining
right to possession (not title) of real property.
An unlawful detainer suit may be filed
in either court.
The Virginia Torts Claims Act waives the state’s immunity from
tort claims (does not waive local immunity).
Written notice of a claim under the Virginia Torts Claims Act must be given to the Attorney General within
one year of accrual of the claim.
Under the Virginia Torts Claims Act, no suit can be filed until the sooner of
when the claim is denied, or six months from giving notice.
The statute of limitations under the Virginia Torts Claims Act is
(i) 18 months from the filing of the claim; or
(ii) two years after the cause of action accred.
The cap for damages under the Virginia Torts Claims Act is the greater of
(i) $100,000; or
(ii) applicable insurance coverage.
Note: no punitive damages are available.
A writ of mandamus compels
a public official to perform a purely ministerial duty imposed by law.
A writ of prohibition prohibits
a public official from exceeding the public official’s authority.
A writ of quo warranto determines whether
the Defendant holds public office.
An injunction can be either
mandatory or prohibitory.
A declaratory judgment is a judicial determination of
rights and duties.
Courts and judges may issue attachments for contempt, and punish them summarily, only in limited cases, including:
(i) misbehavior in court;
(ii) violence or threats to a judge, jury, or party; and
(iii) vile, contemptuous language.