Themis Essay 5393 Flashcards

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1
Q

Final decisions by the circuit court in civil cases are appealable

A

to the Court of Appeals of Virginia as of right.

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2
Q

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

A

two years, regardless of the theory of recovery.

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3
Q

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

A

when the injury is received.

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4
Q

A tolling provision for the statute of limitations exists for

A

infancy (i.e., minority).

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5
Q

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

A

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

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6
Q

The age of majority in Virginia is

A

18 years of age.

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7
Q

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

A

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

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8
Q

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

A

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

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9
Q

To preserve an issue for appeal,

A

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

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10
Q

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

A

(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.

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11
Q

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

A

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.

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