Special Causes of Action in VA

Question 1

Who brings a wrongful death action and who are the beneficiaries?

Answer 1

Decedent’s personal representative, and in order, beneficiaries are:
1. Surviving spouse, children and grandchildren of decedent
2. If no children/grandchildren, surviving spouse and parents
3. If no surviving spouse, children, or grandchildren, parents and siblings
4. If none, passes intestate

Question 2

What are the categories of damages and who decides?

Answer 2

JURY decides who gets how much, and categories are:
1. Sorrow, anguish, and lost companionship
2. Services and income provided by decedent
3. Medical and funeral expenses
4. Punitive damages for wanton or willful misconduct

*Last two must be stated separately in verdict

Question 3

What happens if victim injured and brings action for PI before he dies, then dies from same injuries?

Answer 3

• Personal rep substituted as P and sues for wrongful death
• Beneficiaries cannot recover for pain and suffering because case becomes wrongful death case and replaces decedent’s case
• Can recover punitive damages for wanton or willful misconduct
• If D dies before judgment, no punitive damages from D’s estate

Question 4

Where can P seek declaratory judgment?

Answer 4

Circuit court only and in that or a later proceeding, litigant can seek consequential relief like damages or injunction

Question 5

Where can an action be brought for partition of realty?

Answer 5

ONLY in CC–Venue is Category A

Question 6

What are the three methods of partition in order?

Answer 6

(1) Partition in Kind–preferred method
(2) Partition by allotment–one pays off the others and gets the land
(3) Partition by sale
* Must find that the other two options are not practicable and that partition by sale is in the best interest of the parties

Question 7

What is an action to establish boundaries and where may it be brought?

Answer 7

Declaratory judgment to establish boundaries between contiguous adjoining land
* In CC because it concerns title or boundary to realty
* Venue is category A

Question 8

What is ejectment and where may it be brought?

Answer 8

Where P is out of possession of realty and wants to eject person in possession–object is to determine title and obtain possession
* In CC because it concerns title or boundary to realty
* Venue is Category A

Question 9

What is unlawful detainer?

Answer 9

Generally about leaseholds: LL sues to oust tenant and recover possession of realty that landlord clearly owes
* Category A venue
* Available in CC OR GDC (b/c not to determine title) and in GDC, no amount in controversy limit

Question 10

What is an action in detinue?

Answer 10

Action to recover personal property or its value and damages for detention
* P must have interest and a right to immediate possession
* Often comes up where sellers want to recover property under sales K when buyer fails to pay but keeps item

Question 11

Where is jurisdiction proper in detinue actions?

Answer 11

• If AIC does not exceed $25,000, GDC OR CC
• If AIC does not exceed $4,500, must be in GDC

Question 12

What is the concept of pretrial seizure in detinue?

Answer 12

P may get immediate possession ex parte by verified petition

Question 13

What must verified petition show in action for detinue?

Answer 13

1. Must describe property and show P’s right to it
2. Must show risk that property will be damaged, hidden, or removed
3. P must post bond of twice the value of the property
4. Sheriff cannot enter D’s house forcibly to seize

NOTE D may get property back by paying bond of twice the value of property and giving notice to P

Question 14

What is special about med mal actions in VA?

Answer 14

1. Within 30 days after responsive pleading filed, either side may request review by med mal review panel (request stays tort action)
2. After panel decides case, parties can accept or resume tort action; decision of panel admissible but not conclusive (but must contain evidence of standard of care or inadmissible)
3. Statute applies to dentists, podiatrists, chiropractors, and pharmacists (many people in addition to MDs)

Question 15

Circuit court role in arbitration cases

Answer 15

1. CC has j’x to determine, upon timely petyition, whether there is an arbitration agreement and order parties to arbitrate (if K silent, court determines whether dispute subject to arbitration)
2. Party may petition CC to confirm or vacate/modify award
3. Can vacate for fraud, corruption, undue influence on arbitrator, if arbitrator acted beyond power or improperly to prejudice of a party, or improper refusal to postpone or hear material evidence