Themis Essay 5393

Question 1

Final decisions by the circuit court in civil cases are appealable

Answer 1

to the Court of Appeals of Virginia as of right.

Question 2

The statute of limitations for a civil action seeking recovery for personal injuries is

Answer 2

two years, regardless of the theory of recovery.

Question 3

The cause of action in a personal injury action generally begins to run

Answer 3

when the injury is received.

Question 4

A tolling provision for the statute of limitations exists for

Answer 4

infancy (i.e., minority).

Question 5

If a person entitled to bring an action is an infant at the time a cause of action accrues,

Answer 5

the period of limitations does not start to run until the disability is removed.

Question 6

The age of majority in Virginia is

Answer 6

18 years of age.

Question 7

In ruling on a motion for summary judgment, the court can consider all the

Answer 7

pleadings, pretrial orders, admissions, interrogatories, and documents produced.

Question 8

Discovery depositions may not be used as a basis for sustaining a

Answer 8

motion for summary judgment, unless all parties to the action agree.

Question 9

To preserve an issue for appeal,

Answer 9

a prompt objection to the trial court’s action must be made, stating the grounds for the objection.

Question 10

Failure to object to a trial court’s ruling will result in the issue being waived except

Answer 10

(i) if the issue goes to the jurisdiction of the trial court, (ii) for good cause shown, or (iii) to attain the ends of justice.

Question 11

Excluded testimony is made part of the trial record when the lawyer offering the testimony, outside the presence of the jury, makes

Answer 11

a proffer or summary of what it is believed the witness will say and the opposing party does not object to the accuracy of the statement.