Special Actions/Relief (Part XV)

Question 1

Detinue is an action at law to recover

Answer 1

specific property unlawfully withheld from Plaintiff, along with damages.

Question 2

The elements of a detinue action are:

Answer 2

(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.

Question 3

Distress is an in rem law claim by a landlord for

Answer 3

recovery of rent by proceeding against the tenant’s tangible personal property.

Note: – 6 mos. rent if residential.
– 12 mos. rent if farming.

Question 4

Exclusive jurisdiction for a distress action is

Answer 4

in the General District Court.

Question 5

The statute of limitations for a distress action is

Answer 5

5 years.

Question 6

Partition is an equitable proceeding where a co-tenant can

Answer 6

seek to divide or sell (and divide) jointly owned property.

Question 7

Jurisdiction for the partition of real property is only in

Answer 7

the Circuit Court.

Question 8

Ejectment is a remedy at law to

Answer 8

determine title to land.

Question 9

Jurisdiction for an ejectment action is only in

Answer 9

the Circuit Court.

Question 10

A boundary line action is a remedy at law to

Answer 10

determine the boundary line between two adjoining properties.

Question 11

Jurisdiction for a boundary line action is only in

Answer 11

the Circuit Court.

Question 12

Unlawful detainer is a remedy at law determining

Answer 12

right to possession (not title) of real property.

Question 13

An unlawful detainer suit may be filed

Answer 13

in either court.

Question 14

The Virginia Torts Claims Act waives the state’s immunity from

Answer 14

tort claims (does not waive local immunity).

Question 15

Written notice of a claim under the Virginia Torts Claims Act must be given to the Attorney General within

Answer 15

one year of accrual of the claim.

Question 16

Under the Virginia Torts Claims Act, no suit can be filed until the sooner of

Answer 16

when the claim is denied, or six months from giving notice.

Question 17

The statute of limitations under the Virginia Torts Claims Act is

Answer 17

(i) 18 months from the filing of the claim; or
(ii) two years after the cause of action accred.

Question 18

The cap for damages under the Virginia Torts Claims Act is the greater of

Answer 18

(i) $100,000; or
(ii) applicable insurance coverage.

Note: no punitive damages are available.

Question 19

A writ of mandamus compels

Answer 19

a public official to perform a purely ministerial duty imposed by law.

Question 20

A writ of prohibition prohibits

Answer 20

a public official from exceeding the public official’s authority.

Question 21

A writ of quo warranto determines whether

Answer 21

the Defendant holds public office.

Question 22

An injunction can be either

Answer 22

mandatory or prohibitory.

Question 23

A declaratory judgment is a judicial determination of

Answer 23

rights and duties.

Question 24

Courts and judges may issue attachments for contempt, and punish them summarily, only in limited cases, including:

Answer 24

(i) misbehavior in court;
(ii) violence or threats to a judge, jury, or party; and
(iii) vile, contemptuous language.