Special Causes of Action in Virginia

Question 1

In an action for detinue, what should P do from the outset?

Answer 1

Move for pretrial seizure by:

• Verified petition
• Describing property and showing rights to it
• Stating risk that property will be damaged, hidden, or removed
• Posting bond that is twice the value of the property

Question 2

What are the different methods of partition of realty?

Answer 2

1. Division in kind
   
   • Divide up property among interested parties
2. Partition by allotment
   
   • Give land to one party and have them pay off others
3. Partition by sale
   
   • Co-owners split proceeds of sale
   • Only allowed if other methods not feasible

Question 3

What is different in Virginia about enforcement of arbitration agreements?

Answer 3

• Must be done in Circuit Court
• Party can petition court to confirm arbitration award into a judgment
• Party can petition court to vacate arbitration award on limit grounds:
  
  • Fraud
  • Corruption
  • Undue influence

Question 4

What is different in Virginia medical malpractice cases?

Answer 4

Within 30 days after responsive pleading, either party can request a medical malpractice panel to decide the case

• Parties can accept the decsion or resume the case
• Decision will be admissible evidence at trial if:
  
  • Includes standard of care applied
• In discovery parties can as panel about deliberation
• Panel members may testify

Question 5

In a wrongful death action in Virginia who brings the case?

Answer 5

• Brought by decedent’s executor

Question 6

On the bar exam, how is the use of Commissioners often raised?

Answer 6

In cases involving the partition of land (e.g., division in kind, etc.)

Question 7

If P’s executor sues for wrongful dead, and D dies before judgment, what is the effect on damages?

Answer 7

Punitive damages not allowed

Question 8

In an action for detinue, what can D do if P moves for pretrial seizure?

Answer 8

Get the property back in the meantime by:

• Posting bond of two times the value of the property
• Giving P notice

Question 9

In a wrongful death action in VA, who are the beneficiaries?

Answer 9

Beneficiaries:

• SS, children, and grandchildren
  
  • If no children or grandchildren-SS & parents of decedent
  • If no SS, children, or grandchildren- Parents & siblings of decedent
• If no beneficiaries in these groups,
  
  • Decedent’s intestate takers

Question 10

In a wrongful death action, what damages can be recovered?

Answer 10

Damages that can be lumped:

• Sorrow, anguish, and lost companionship
• Services and income provided by decedent

Damages that must be separately stated:

• Medical and funeral expenses
• Punitive damages for wonton or willful misconduct

Question 11

In all cases of wrongful death, who decides who gets how much in damages?

Answer 11

The jury.

Question 12

Awards for wrongful death can include another relative of decedent who was…

Answer 12

part of decedent’s household and dependent upon decedent for support.

Question 13

Only this court can hear declaratory judgments

Answer 13

Circuit court

Question 14

Partition in realty actions usually come up when…

Answer 14

(1) co-owner wants to be free of the other owner, or (2) a creditor of one of the co-owners, who has a lien on the co-owner’s interest in the land, wants to have that portion of the land sold to satisfy his debt.

Question 15

You can only bring partition actions in which court?

Answer 15

Circuit court.

Question 16

What is an action to establish boundaries, and what court is it brought in?

Answer 16

Basically a declaratory judgment (but not called that) to establish boundaries between contiguous adjoining lands.

Circuit court only.

Question 17

Ejectment must be brought in what court?

Answer 17

Circuit court

Question 18

You can bring unlawful detainer actions in what court?

Answer 18

GDC and CC. GDC has no amount cap, but has exclusive jurisdiction of $500 or less.

Question 19

Does judgment for unlawful detainer bar later action for ejectment or trespass or later-accruing rents?

Answer 19

No.

Question 20

What is an action for detinue?

Answer 20

• Detinue is to recover personal property or its value and damages for detention.
• Plaintiff must have an interest and a right to immediate possession of the property.
• Often for sellers to recover property under conditional sales contracts when the buyer fails to pay but keeps the item