Terms and Short Answer

Question 1

Detinue

Answer 1

Civil action in VA to seek recovery of personal property (do not use replevin)

Question 2

Ad damnum

Answer 2

portion of plaintiff’s pleading which specifies the amount of money damages

Question 3

assignment of errors

Answer 3

every appellant must write out a short summary of errors in lower tribunal that are grounds for reversal - appeal limited to scope of what is asserted

Question 4

Bill of particulars

Answer 4

criminal or civil - motion to have court require plaintiff to spell out more particular what the motion for judgement is trying to allege
akin to federal motion for a more definite statement

Question 5

collateral estoppel

Answer 5

issue preclusion

- same parties who previous litigation a specific issue and reached a final judgment

Question 6

collateral source rule

Answer 6

even if a injured person will receive insurance, may still sue for personal in injuries and damage
insurance is collateral to tortfeasor’s obligation to pay

Question 7

demurrer

Answer 7

pleading that challenges the face of the bill of complaint/motion for judgment (if taken as true, does plaintiff have a claim)
akin to motion to dismiss

Question 8

Devisavit vel non

Answer 8

action to determine whether there is a valid will heard by judge with or without advisory jury

Question 9

fieri facias

Answer 9

Fi fa - writ directing sheriff to execute judgment or lien

Question 10

lis pendens

Answer 10

notice that suit is pending which may affect real property

Question 11

nonsuit

Answer 11

plaintiff’s voluntary discontinuance of a lawsuit

Question 12

time period to file notice of appeal

Answer 12

30 days from date of judgment with the trial court

Question 13

how long does the trial court modify a judgment?

Answer 13

21 days

Question 14

filing any transcripts in the trial court must be within?

Answer 14

60 days after final judgment

Question 15

For appeals of right, a petition for appeal must be filed where and within how time?

Answer 15

Appellate court

3 calendar month after judgment

Question 16

If appeal is granted, how long for appellant to file an appeal bond and submit both the opening brief and appendix?

Answer 16

40 days after the order granting a hearing on the appeal.

Question 17

Generally does the trial court grant plaintiff’s application for leave to amend?

Answer 17

Yes.

Question 18

Under UCC as adopted by VA, the original agreement for any contract, the parties may reduce the limitation for an action for breach to a period of not less than what?

Answer 18

1 year.

Question 19

What warranty is based on whether the goods are fit for the ordinary purpose for which such goods are used?

Answer 19

Implied warranty of merchantability

Question 20

For firm offers under the UCC, the period of irrevocability may not exceed?

Answer 20

three months

Question 21

Under UCC as adopted by VA, the original agreement for any contract, the parties may extend the limitation for an action for breach to a period of not less than what?

Answer 21

parties may not extend.
four years max.
Can reduce to not less than 1 year.

Question 22

In sales of goods in which the delivery is FAS the seller must do what?

Answer 22

FAS - free alongside
seller must delivery the goods alongside the vessel in the manner usual in the port of delivery or on a dock designed by buyer, and seller must obtain and tender a receipt for the goods

Question 23

In VA, how many witnesses for a holographic will?

Answer 23

2 competent witness

Question 24

What does the VA anti-lapse statute apply to?

Answer 24

Testamentary gifts

Question 25

Does VA anti-lapse apply to inter vivos trusts?

Answer 25

No. Applies to testamentary gifts.

Question 26

How many credit hours for continuing legal education for VA attorneys?

Answer 26

12 total | 2 ethics hours

Question 27

If a negotiable instrument contains contradictory terms, what prevails?

Answer 27

1. Handwriting prevails over typewritten and printed 2. Typewritten prevails over printed terms 3. words prevail over numbers

Question 28

What is the name of the organization that assists lawyers engaged in substance abuse or suffering from mental illness?

Answer 28

Lawyers helping lawyers

Question 29

Under VA Corporation Law, what time period may members extend the term of a voting trust?

Answer 29

10 years

Question 30

Lottery tickets may be purchased by what types of payment?

Answer 30

1) cash | 2) debit cards

Question 31

What is the sole duty of the registered agent?

Answer 31

Forward notice, process, or demand to corporation that is served on agent

Question 32

A practice or method of dealing having such regularity of observance to justify an expectation that it will be observed with respect to the transaction in question is what under the UCC adopted by VA?

Answer 32

Usage of trade.

Question 33

Under VA, is there a privilege against self-incrimination on the taking of blood samples?

Answer 33

No. Same as federal law.

Question 34

If dwelling is rented for fewer than ___ during the year, then no deductions are allowed and income from rental is not included in gross income.

Answer 34

15 days.

Question 35

Must a holographic will be written entirely in the testator's handwriting?

Answer 35

No. Can have typewritten portions. | No requirement to be dated.

Question 36

What is the rule of construction known as Dillon's Rule?

Answer 36

Locality can exercise only those powers granted expressly by statute or charter and no other powers, unless necessarily implied in or incident to the powers expressly granted or essential to the declared objects and purposes.

Question 37

Must parental unfitness be established by clear and convincing evidence before a court can terminate parental rights?

Answer 37

No, need to follow statutory guidelines.

Question 38

What is a Totten trust bank account?

Answer 38

"A, trustee for B" bank account A can continue to use (withdraw/deposit) during lifetime and B has no access until A's death B succeeds to any remaining interest on A's death

Question 39

Under VA law, an unreasonable refusal to submit to a blood or breathe test is admissible in evidence for what purpose?

Answer 39

To explain why no chemical test was performed.

Question 40

What is a constructive trustee's only duty?

Answer 40

Convey property to the beneficiary (person who would have owed it but for fraud, undue influence, mistake, etc.)

Question 41

Does filing a motion for a judgment that an attorney knows is barred by the statute of limitations a violation of the Rules of Professional Conduct?

Answer 41

Yes. No reasonable grounds.

Question 42

In VA, if the statute of limitations runs on a crime, must the defendant raise defense? Can it be waived if not timely?

Answer 42

Yes, can be waived if not timely raised.

Question 43

T died without a will, survived by W, child of W and child of another woman. What are the intestate shares?

Answer 43

1/3 for each.

Question 44

What is the individual limit for contributing to education savings account?

Answer 44

$2,000

Question 45

How much can employee exclude from employer regarding educational assistance for higher education?

Answer 45

$5,250.

Question 46

What element distinguishes murder from voluntary manslaughter?

Answer 46

malice

Question 47

Difference between order paper and bearer paper?

Answer 47

Order paper is payable only named party | Bearer paper is payable to anyone in legal possession

Question 48

What is a written accusation of a crime prepared and returned by grand jury from its own knowledge and observation, without any appropriate bill laid before them?

Answer 48

Presentment.

Question 49

What is a written accusation of a crime, prepared by the prosecutor and returned a "true bill" upon the oath or affirmation of a legally impanelled grand jury?

Answer 49

Indictment

Question 50

What is a defense to divorce based on fault that involves the corrupt consent by one spouse to an offense by the other?

Answer 50

Connivance

Question 51

What are three requirements for a holder in due course?

Answer 51

1) takes an instrument for value 2) in good faith; and 3) without notice

Question 52

What is a written accusation of a crime or complaint for forfeiture of property or money prepared and presented by competent public official?

Answer 52

Information.

Question 53

How long is a voting trust valid for?

Answer 53

10 years after effective date.

Question 54

Has the tort of adultery been abolished in VA?

Answer 54

No.

Question 55

Has the tort of civil seduction been abolished in VA?

Answer 55

Yes.

Question 56

Has the tort of alienation of affections been abolished in VA?

Answer 56

Yes.

Question 57

Under VA law, must a court approve any settlement or discontinuance of a shareholder derivative proceedings?

Answer 57

Yes. Court determines if settlement will adversely affect the shareholders and shall provide notice to shareholder

Question 58

What standard of proof is necessary to establish a constructive trust?

Answer 58

Clear and convincing evidence.

Question 59

What is the recitation to the accused of the charge on which he will be tried and calling on him to plead in open court called?

Answer 59

Arraignment.

Question 60

General district court and small claims court have concurrent jurisdiction over claims that do not exceed what amount?

Answer 60

$5,000.

Question 61

Are non-business state sales taxes deductible?

Answer 61

No.

Question 62

In a motion to compel, does the court have discretion to award attorney fees/costs to the prevailing party unless the court finds opposition to the motion was substantially justified?

Answer 62

No discretion, must

Question 63

Articles of incorporation must set forth the following:

Answer 63

1) corporate name 2) registered agent 3) number of shares authorized to issue 4) class of shares

Question 64

If the statute of limitations for adverse possession is tolled based on plaintiff's disability, what is the maximum time period?

Answer 64

25 years.

Question 65

Controlling statute of limitations period involving contracts governed by the law of another state is ____.

Answer 65

Shorter of the foreign or VA limitation period.

Question 66

What is voir dire?

Answer 66

"speak the truth" | questioning of juries by judge and attorneys to determine bias, prejudices, or reasons for disqualification

Question 67

Who may request a jury trial when a plea has been filed to an equitable claim, and the allegations of such plea are denied by the plaintiff?

Answer 67

Either plaintiff or defendant.

Question 68

A told B that C kept valuable under the bed and that B could make some quick cash. B broke into C's home and took the valuables. Under VA law, A can be charged as?

Answer 68

Accessory before the fact.

Question 69

When must the balance from a security deposit be returned to the former tenant?

Answer 69

45 days after termination of the tenancy and delivery of possesion.

Question 70

What is an action to remove a cloud on title?

Answer 70

Quiet title action.

Question 71

A ruling of the trial court on granting or denying a new trial will not be reversed unless the trial court's decision was ____.

Answer 71

Plainly wrong.

Question 72

What is the general rule in VA regarding recovering attorney fees?

Answer 72

Each party is responsible for paying own attorney's fees

Question 73

What is an exclusive real estate broker's contract?

Answer 73

Real estate agent is entitled to compensate if she or anyone else (owner) produces a buyer who is ready, willing and able to buy.

Question 74

What is a non-exclusive real estate broker's contract?

Answer 74

Real estate agent is entitled to payment when she produces a willing and able buyer

Question 75

In VA are judges immune from civil liability?

Answer 75

yes - absolute immunity related to judicial acts | no - for prior liabilities incurred independent of judicial functions

Question 76

Has VA abolished the rule in Shelly's Case?

Answer 76

Yes. Life estate and remainders to heirs do not merge.

Question 77

What type of recording statute does VA have?

Answer 77

Notice.

Question 78

What action should be brought when a building of an adjacent homeowner encroaches on an adjacent lot? The encroachment started from the time the buildings were built.

Answer 78

1) Injunction to remove the encroachment 2) enjoin trespass - both filed in circuit court

Question 79

What is a defense to injunction to remove encroachment?

Answer 79

Adverse possession.

Question 80

Is the defense of fraud extinguished by the merger of the contract and deed upon closing?

Answer 80

No, but fraud is difficult to establish because Virginia follows caveat emptor.

Question 81

Seller agreed to pay prorated share of taxes as of the closing date. A land sale contract failed to allocate payment of taxes to seller. General warranty deed contained no mention. Can the seller demand reimbursement if the seller pays the taxes?

Answer 81

Yes. merger of contract into deed does not extinguish the obligation to pay taxes.

Question 82

Can a plaintiff in an action to establish boundaries recover rent or damages from the action?

Answer 82

No.

Question 83

A public nuisance is an act that unlawfully operates to injure ___.

Answer 83

an indefinite number of persons. | - ordinarily prosecuted by public officials and private persons cannot seek to enjoin

Question 84

When can a private person enforce a public nuisance?

Answer 84

1) alleged harm violates a specific right and causes harm not shared by public 2) injury is serious 3) private inconvenience suffered outweighs any public benefit

Question 85

Does VA recognize inquiry notice?

Answer 85

No.

Question 86

What type of recording statute does VA have?

Answer 86

notice.

Question 87

What is the period for obtaining an easement by prescription in VA?

Answer 87

20 years.