VA Civ Pro

Question 1

A defendant who has not been served with process within one year is permitted to make a special appearance for the purpose of…

If a defendant is not served within one year of filing suit, the court ___ and the action is ___ unless ___.

Answer 1

…filing a motion to dismiss the action with prejudice for the failure of the plaintiff to have the process served within one year.

… is prohibited from entering judgment against the defendant … dismissed with prejudice … the plaintiff used due diligence in trying to effect service.

Question 2

If a defendant is not served within one year of filing suit, unless the plaintiff used due diligence in trying to effect service, the court is prohibited from…

Answer 2

…entering judgment against the defendant, and the action is dismissed with prejudice.

Question 3

Virginia Circuit Courts have exclusive jurisdiction over a breach of contract action when the amount sued for exceeds […]

Answer 3

$25,000

Question 4

Virginia has long-arm jurisdiction over a defendant who causes injury in Virginia:

(1) to any person by breach of warranty expressly or impliedly made …;

(2) by a tortious act outside of Virginia if … ; and

(3) using a ___ located in Virginia.

If a defendant’s conduct falls within Virginia’s statutory requirements, the court will ask …

Answer 4

(1) … in the sale of goods outside Virginia when he might reasonably have expected such person to use, consume, or be affected by the goods in Virginia.

(2) … the defendant regularly does business or derives substantial revenue from goods sold or services in VA.

(3) … computer or computer network …

… whether the defendant had the type of purposeful contacts with the forum to satisfy the constitutional requirements of fairness (i.e., having sufficient minimum contacts).

Question 5

If VA’s Long-Arm statute is satisfied, the court must then ask whether…

Answer 5

…the defendant had the type of purposeful contacts with the forum to satisfy the constitutional requirements of fairness.

This is commonly referred to as having sufficient “minimum contacts.”

Question 6

When a defendant believes the action was brought in the wrong forum, the defendant can file a […]

The motion to transfer must state ____ and ___.

A motion to transfer must be brought within ___.

Answer 6

… motion to transfer.

… (1) where venue would be proper … (2) why venue is not proper where the action was brought.

… 21 days of service on the defendant or within any period granted to extend time for filing responsive pleadings.

Question 7

A cause of action on a contract claim arises where…

Answer 7

…the contract was made or where the breach occurred.

Question 8

Venue is proper where …

Answer 8

…(1) the cause of action, or any part thereof, arose; or (2) where any of the plaintiffs reside if (i) all of the defendants are unknown or are nonresidents of the Commonwealth, or if (ii) there is no preferred or other permissible venue.

Question 9

Define a demurrer.

Answer 9

A demurrer seeks to test the sufficiency of the form, style, allegations, or appropriateness of the pleading that was filed.

This responsive pleading is used against aggressive pleadings only (such as a complaint).

Question 10

What does a demurrer contain, when must it be filed, and what does the demurrant admit for purposes of the motion?

Answer 10

It must be in writing and specifically state the grounds relied on, which will be the only grounds the court considers.

A demurrer can be filed before or concurrently with other responsive pleadings, but not after. In a circuit court action, a responsive pleading is required to be filed within 21 days of service on the defendant unless the judge grants additional time.

The demurrant admits all facts that are well pleaded only for purposes of the court’s considering the demurrer but does not admit conclusions of law.

Question 11

A notice of appeal from the General District Court must be filed within ___ days of ___. The appeal of a judgment by the GDC to CC is heard ___.

A notice of appeal from the Circuit Court must be filed within ___ days after ___, and that period ___.

When a statute or court rule requires that an act be performed within a prescribed amount of time after any event or judgment, the ___ should not be counted.

Answer 11

… 10 … entry of the final order … de novo.

… 30 … entry of the final order … is not interrupted by the filing of a motion for a new trial or a motion to vacate.

… day on which the event or judgment occurred …

Question 12

There is/is not an appeal as of right to the Virginia Supreme Court.

An appeal to the VA Supreme Court is by ___ and therefore subject to the …

In contrast, a ___ is appealable as of right to ___ within 30 days of entry of the final order.

An appellate court generally considers ___. An appellate court does not hear ___.

Answer 12

… is not …

… petition … discretion of the VA Supreme Court.

… final judgement, order or decree of a circuit court … the Court of Appeals of Virginia.

… only errors that appear in the record of the trial court proceedings … additional evidence regarding a matter on appeal.

Question 13

Any party may move for summary judgment at any time after ….

In support of or challenge of a summary judgment, a party may rely on …

Generally, a party may not rely on ___ in support of a summary judgment motion unless…

Answer 13

… the responsive pleadings have been filed.

… the pleadings, pretrial orders, admissions, interrogatories, and documents produced through discovery.

… discovery depositions … (1) all parties to the action agree, (2) the action is only between business entities, and the amount at issue is $50k or more, or (3) the plaintiff seeks punitive damages.

Question 14

A defendant may move to strike the evidence presented by the plaintiff …

Any party may move to strike the evidence presented by another party …

Answer 14

… at the conclusion of the plaintiff’s presentation of evidence at trial.

… at the conclusion of the presentation of evidence by all parties.

Question 15

An objection to subject matter jurisdiction can be raised ___ because …

Answer 15

… at any time during the litigation or on appeal … jurisdiction is a matter of the court’s power to decide the case.

The parties do not waive subject matter jurisdiction by failing to raise the issue in the Answer.

Question 16

A ruling by the trial court is not a basis for reversal unless an objection was stated with ____ at the time of the ruling, except …

Answer 16

… reasonable certainty … for good cause or to enable the appellate court to attain the ends of justice.

To show good cause, the party must articulate any reason for his failure to timely object when it was offered in trial.

To enable the appellate court, the party must show how the matter is necessary to achieve justice in the particular case.

Question 17

For requests for injunctive relief, jurisdiction is ___, and ___ venue is …

In considering whether to grant or deny a request for injunctive relief, the Court should consider whether …

Answer 17

… only in the circuit courts … preferred … in the circuit courts where the act is being threatened to be done or is being done.

(1) whether the claimant has an adequate remedy at law, (2) whether the claimant is likely to succeed on the merits, (3) if the claimant is likely to suffer irreparable harm without such relief, (4) does the balance of the equities tip in the claimant’s favor, and (5) whether the relief is in the public interest.

Question 18

All persons ___ and ___ are necessary parties.

A person who is subject to ___ may be joined as a party in the action if, in the person’s absence, (1) or (2) because of the claimed interest of the person to be joined.

Answer 18

… interested in the subject matter of a suit … to be affected by its results …

… service of process … (1) complete relief cannot be accorded among those already parties … (2) the person claims an interest relating to the subject of the action and is so situated that the disposition of the action in the person’s absence may leave any of the persons already parties subject to a substantial risk of incurring multiple or inconsistent obligations

Question 19

Under the ___, a court may compel arbitration if …

A court can only vacate an arbitration award if ___. Some examples include …

To enforce an award, a party must …

Answer 19

… Uniform Arbitration Act … (1) there is an agreement between the parties to arbitrate and one party refuses, and (2) the court compelling arbitration has jurisdiction over the claim.

… there is unfairness involved, either in the conduct of the arbitrator herself, or in the procedures followed.

… in the form of fraud or other undue influence on the part of the arbitrator, as well as the arbitrator exceeding the scope of her power, refusing to postpone a hearing upon sufficient cause , refusing to admit evidence material to the controversy, or the fact that there was no valid arbitration agreement in the first place.

… must make an application to the court having jurisdiction over the parties for the court to confirm the award and to enter a judgment in conformity with the award.

Question 20

The Circuit Courts have ___ jurisdiction over any claims for money damages that exceeds ___.

Answer 20

… original … $4,500.

Question 21

The defense of lack of personal jurisdiction must be raised in ___, or the defense will be waived.

However, although asserting the defense of lack of personal jurisdiction must be made before pleading, a motion to dismiss based on lack of personal jurisdiction may be filed after an answer is filed when …

Answer 21

… a pre-answer motion, the answer, or within the time for amending the answer as of right …

… the answer pleads this defense.

Question 22

For an order to be final, the order must …

However, the Circuit Court retains ….

The 21-day period will not be tolled by ___, and the only way a judge can restart the 21-day period is ___.

Answer 22

… be signed by the judge and contain language indicating that the case is to be concluded by the order.

… control to modify, suspend, or vacate a final order within 21 days after entry (date the judge signed) and no longer unless the order expressly states otherwise.

… any post-trial motion … through an express modification, vacation, or suspension of the order.

Question 23

A responsive pleading is required to be filed within ___ on the defendant unless ___.

In determining whether to grant a party’s motion for leave to file a late pleading are …

In evaluating the judge’s exercise of this discretion, an appellate court applies an ___.

The court ___ permit a party to file a pleading after a judgment by default has been entered,

Answer 23

… 21 days of service … the judge exercises their discretion and grants additional time.

… (1) the length and reason for the delay, (2) whether the movant party acted in good faith, (3) the existence of a substantial basis for the pleading itself, and (4) the existence of prejudice to the other party if filing is permitted.

… abuse of discretion standard.

… may …

Question 24

A default judgment is entered in __ against the defendant when the defendant ___.

A defendant against whom default judgment has been entered may ___. However, the defendant may not (waives) ___.

Notwithstanding, if there’s counsel of record for the defendant, ___.

Answer 24

… Circuit Court … fails to file a responsive pleading within 21 days of service

… participate in the damages trial by (1) objecting to evidence presented by the plaintiff regarding damages and even (2) presenting evidence of his own.

… exercise their right to a jury trial, contest issues regarding their liability at trial (as such, claims of contributory negligence are ineffective), or any right to future notice of proceedings.

… notice must be sent to the defendant’s counsel regarding such proceedings.

Question 25

An affirmative defense is …

Failure to plead an affirmative defense that is a complete bar (e.g., SoL) to the claim constitutes a …

Failure to plead an affirmative defense that reduces the plaintiff’s liability (e.g., mitigation of damages defense) …

Answer 25

… an assertion by the defendant that, even assuming the plaintiff’s allegations are true, the plaintiff is not entitled to the relief sought.

… waiver of that defense.

… the defendant is not required to plead that defense but instead may wait until trial to raise the issue.

Question 26

Any person ___ and ___, can serve process.

Process requires service of ___.

Virginia has a curative statute for service of process, which provides …

For corporations, service can be made to …

Answer 26

… 18 years or older … not involved in the litigation, a sheriff, or a sheriff’s deputy …

… both the complaint and the summons, prepared by the clerk of court.

… that if services of process is timely and actually reaches the intended recipient, it will be effective even if formalities are not exactly followed.

… any officer, director, or registered agent of the corporation

Question 27

The rule in Virginia is that a jury verdict must be ___, and such a verdict must be ___.

Answer 27

… unanimous … read in open court by all jurors.

Question 28

Jurors cannot be questioned about ___ by the judge. However, a judge may, but is not required to, ___.

For example, if a juror has an improper conversation with a ____, the judge must decide whether a new trial should be granted because ___.

Answer 28

… misconduct in the jury room … grant a new trial when there’s misconduct in the jury room.

… litigant or someone close to the litigant … the conversation had a significant effect on the juror’s deliberations.

Question 29

The standard for determining whether the verdict is excessive is ___ or ___.

If a court determines that a jury award is too excessive, the court may …

Answer 29

… does it “shock the conscience” of the court … is it not the product of a fair and impartial decision.

… either (1) grant a new trial (on damages alone, on liability alone, or on both damages and liability), or (2) put the parties on terms to accept less than the award, and if either party does not do so, the court can grant a new trial. reducing an award in this manner is called a “remittitur.”

Question 30

An Infant is a person …

Infants can/cannot sue on their behalf, …

Failure of an infant to sue by ___ results in a good judgment if ___. If the judgment goes against the infant, ___.

Answer 30

… under the age of 18 or a person under disability.
… cannot … but instead must sue by their next friend. The style of the case is “X, an infant, who sues by her next friend, Y, Plaintiff.”

… next friend … it is in favor of the infant … the judgment is void.

Question 31

A misnomer occurs when …

A misjoinder occurs when …

A misnomer or a misjoinder can be corrected by …

Answer 31

… the correct person or entity is named as party in a pleading but under an incorrect name, such as the person’s name is misspelled.

… an incorrect person or entity is named as a party in a pleading.

… the court or on motion by any party.

Question 32

The statute of limitations for a personal injury action is …

For personal injury actions, the cause of action accrues when …

When a person entitled to bring an action is an infant at the time the cause of action accrues, the period of limitations …

Answer 32

… two years after the cause of action accrues.

… the injury is received.

… does not start to run until the infant emancipates or reaches the age of 18.

Question 33

Every pleading filed must be signed by ….

The Virginia attorney cannot …

If the pleading is not signed properly, ___ unless ___.

A signature defect may be cured within ___ after ___ or ___.

After cure, the corrected pleading or other paper is treated as ___.

A invalid filing for lack of signature will ___ of any applicable SoL. However, if the signature defect is properly cured, ___.

Answer 33

… a pro se litigant, or by an attorney admitted to practice in Virginia.

… authorize an attorney licensed in another state, but not in Virginia, to sign the Virginia licensed attorney’s name to the pleading.

… the pleading is defective and voidable … and until the signature defect is cured.

… 21 days … it is brought to the attention of the offending party … if the offending party seeks and is granted leave of court within a reasonable time of filing.

… having been properly signed when originally served or filed.

… will not toll the running of an applicable … the pleading or motion will relate back to the date it was originally served or filed.

Question 34

Whether the information sought in discovery will be inadmissible at trial …

Answer 34

… is not grounds for objection if the information appears reasonably calculated to lead to the discovery of admissible information.

Question 35

Arbitration clauses are enforceable, except when …

Contractual provisions limiting te place or court where potential actions between the parties may be brought are ___ unless

Answer 35

… a consumer might be waiving an important substantive right.

… prima facie valid and should be enforced … the party challenging enforcement establishes that such provisions are (1) unfair, (2) unreasonable, (3) affected by fraud, or (4) unequal bargaining power.

Question 36

Explain the rules regarding nonsuit

Answer 36

…

Question 37

Explain the rules regarding counterclaims and crossclaims

Answer 37

…

Question 38

Explain the rules regarding counterclaims and crossclaims

Answer 38

…

Question 39

Does a request for a continuance of a trial affect the right to nonsuit?

Answer 39

no

Question 40

Does a request for a continuance of a trial affect the right to nonsuit?

Answer 40

no