Special Causes of Action in Virginia Flashcards
In a wrongful death action brought by decedent’s personal representative. Who are the beneficiaries?
- Surviving spouse, children, grandchildren of decedent;
- If there are no children or grandchildren: the surviving spouse & parents of the decedent;
- If there are no surviving spouse, children, or grandchildren: the parents and siblings of the decedent.
If there are no beneficiaries that fall into the categories for the VA special wrongful death cause of action, who will the damages pass to?
The damages pass to the decedent’s intestate takers.
Under the VA wrongful death cause of action, what damages may be awarded?
Damages can include:
1. sorrow, anguish, and lost companionship;
2. services and income provided by decedent,
3. medical and funeral expenses; and
4. punitive damages for wanton or willful misconduct.
What if a victim is injured and brings an action for personal injuries before he dies, but then he dies from the same injuries?
A personal representative is substituted as plaintiff and sues for wrongful death.
A declaratory judgement may be sought in…
circuit court ONLY.
The state highway department paves over a portion of Sally’s land as part of a new road. The state did nothing to compensate Sally. What might she do?
Sally may sue for a declaratory judgment of compensation due, then she may later enforce that as damages.
A partition of reality case may be brought in…
circuit court only.
[concerns title or boundary to realty – category A venue].
If the court orders ______, the court divides up property among various interested persons so each gets some land. This is the preferred method.
Partition in kind
If the court orders ______, the court lets one or more of the co-owners have the land and orders them to pay off the others. Before allotment, the court must determine that _____ cannot be practically made.
Partition by allotment; partition in kind
If partition in kind and partition by allotment are not feasible, the court may order _____, where the land will be sold and the co-owners will split the proceeds. This method is not favored.
Partition by sale
What must the court find before it can order partition by sale?
That the other two options are not practicable and that partition by sale is in the interests of the parties.
A and B own land as joint tenants. Paula has an unsatisfied judgment against A. She sues both A & B in the county where A & B’s land is located, asking that the court partition the land and sell A’s interest to satisfy the judgment. B files a demurrer. How should the court rule?
Overrule the demurrer. Paula has a right to sue based on her lien.
The court determines that while the land could be divided in kind and apportioned between A & B, it would instead order sale of the whole tract, with Paula’s judgment to be satisfied out of A’s half. Did the court err?
Yes, the court may not order partition by sale if another partition method is practicable.
But, what if the land is far more valuable if it is kept as a single tract?
Irrelevant.
An action to establish boundaries may be brought in…
circuit court only.
[concerns title or boundary to realty – category A venue].
What is the result of an action to establish boundaries?
Simply an order describing the boundary between contiguous adjoining land.
An ejectment action may be brought in…
circuit court only.
[concerns title or boundary to realty – category A venue].
An ejectment order is proper when…
A plaintiff is out of possession of realty and wants to eject the person who is in possession of the land.
The object of an ejectment order is to
determine title and obtain possession of land.
Plaintiff is in possession of real property but knows that X claims that he owns the property. Plaintiff sues in ejectment to determine that he has title and right to possession. This is wrong. Why?
The plaintiff is in possession of the land.
In an ejectment action, a plaintiff may also seek…
rents and profits.
In an ejectment action, a defendant may also get…
an offset for improvements he made to the property.
An unlawful detainer action is proper when…
a landlord sues to oust a tenant and recover possession of realty that the landlord clearly owns.
In an unlawful detainer action, a landlord plaintiff may also recover…
back rent and for damage to the property.
An unlawful detainer action may be brought in…
circuit court OR GDC.
[does not determine title to real property].
_____ is a suit brought to recover personal property or its value and damages for detention.
Detinue
For a detinue action to be proper….
a plaintiff must have an interest and a right to immediate possession of the property.
Detinue actions are most often brought for…
sellers to recover property under a sales contract when the buyer fails to pay but keeps the item.
Detinue is available in….
GDC (if the controversy does not exceed $25,000); OR
Circuit Court (if controversy exceeds at least $4,500).
Detinue is exclusive to GDC when
the controversy does not exceed $4,500.
A detinue plaintiff may get immediate possession of property, ex parte, by
verified petition.
A verified petition for a party’s ex parte possession of property in a detinue action must include:
- A description of the property and show the plaintiff’s right to it; and
- A showing of the risk that the property will be damaged or hidden or removed.
In addition to filing a verified petition for ex parte possession in a detinue action, the plaintiff must…
post a bond of twice the value of the property.
In a pending detinue action, a sheriff (can/can not) enter a defendant’s house forcibly to seize the property in question
can not
A defendant may get the property in a detinue action back by…
posting a bond of twice the value of the property and by giving notice to the plaintiff.
Within _____ after a responsive pleading is filed in a medical malpractice suit, either side may request review by a _______.
30 days; medical malpractice review panel.
A medical malpractice review panel is made up of:
judges, attorneys, and healthcare providers.
A medical malpractice review panel is established by:
The Virginia Supreme Court.
After a medical malpractice review panel decides a case, the parties may…
accept the panel’s decision OR resume the tort action.
If the parties choose to resume a medical malpractice tort action after a review from the medical malpractice review panel, the panel’s opinion is…
admissible as evidence [so long as it contains the standard of care], but not conclusive.
Who may be sued under the VA Medical Malpractice statute?
Healthcare providers, along with many others, including dentists, podiatrists, chiropractors, and pharmacists.
