VA Civ Pro

Question 1

If the trial judge in a civil action has granted a motion to strike the evidence of the P or D, the judge shall

Answer 1

Enter summary judgment in conformity with his ruling on the motion to strike

Enter partial summary judgment in conformity with his ruling on the motion to strike

[Trial judge not to direct verdicts]

Question 2

What is the upper monetary limit for a personal injury case filed in GDC?

Answer 2

$50,000

Question 3

What is the object of a declaratory judgment action?

Answer 3

To obtain a declaration of right

Question 4

Which remedy is designed to cure an award of damages that is grossly excessive without the necessity of a new trial or an appeal?

Answer 4

Remittitur

Question 5

Service of process in a civil action or suit is deemed timely if made within ________ of the commencement of the action or suit against the D

Answer 5

12 months

Question 6

If damages found by the jury are inadequate, the court may require the D to pay an amount in excess of the verdict or face a new trial. This is called:

Answer 6

Additur

Question 7

T/F Sovereign immunity applies to the Commonwealth in all suits for money damages caused by the negligence of a state employee

Answer 7

False

By statute, the Commonwealth consents to suits for $ damages for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of a state employee while in the scope of employment up to a liability limit of $100,000

Question 8

T/F A pleading can be signed by using a law firm name only

Answer 8

False

When a firm name is signed to a pleading, an individual member or associate of the firm must sign the pleading as well

Question 9

Summary judgment as to liability may not be granted if there is a genuine issue as to the amount of damages

Answer 9

False

Summary judgment, interlocutory in nature, may be entered as to the undisputed portion of a contested claim or on the issue of liability alone although there is a genuine issue as to the amount of damages

Question 10

Generally, a bill of review may be filed within this time period after entry of the decree to be reviewed

Answer 10

6 months

[Injunction against decree subject to bill of review; limitations to bill of review]

Question 11

The P may, at P’s option, within ________ after service of the third party complaint upon the third party D, assert any claim against the third party D arising out of the transaction or occurrence that is the subject matter of the P’s claim against the third party D

Answer 11

21 days

Question 12

Which of the following may be heard in GDC regardless of the amount in controversy?

Answer 12

Distress claims

Question 13

A P in a lawsuit against the Commonwealth must notify the Commonwealth of the claim within ________ of the accrual of the cause of action

Answer 13

One year

Question 14

Unless otherwise provided, every action for PI, whatever the theory of recovery, must be brought within ________ year(s) after the c/a

Answer 14

2 years

Question 15

For a PI against the Commonwealth for which the SOL is two years, when must the P notify the Commonwealth of the claim before it will be barred?

Answer 15

Within one year

Question 16

T/F An arbitration award must be vacated if a court of law or equity would not have arrived at the same result

Answer 16

False

Question 17

A trial has the power to vacate a default judgment or decree on the ground of fraud within ________ of rendition

Answer 17

2 years

Question 18

Leave to amend a pleading is to be

Answer 18

Liberally granted in furtherance of the ends of justice

Question 19

Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within ________ after the c/a accrues

Answer 19

2 years

Question 20

A(n) ________ requires a nonparty deponent to bring documentary evidence with him to deposition

Answer 20

Subpoena duces tecum

Question 21

A motion to strike the evidence serves the same function as a ________ in federal court

Answer 21

Motion for judgment as a matter of law

Question 22

The Court of Appeals generally sits in panels of

Answer 22

Three

Question 23

Notwithstanding any other provision of law, when may a party in any civil action inform the jury of the amount of damages sought by the P

Answer 23

In both the opening statement and closing argument

Question 24

A notice of appeal must be filed within _________ days of entry of the final judgment or other appealable order or decree in circuit court

Answer 24

30 days

Question 25

After trial in the circuit court, any notice of appeal must be originally field with which court?

Answer 25

The circuit court

Question 26

T/F In determining whether the judgment of another state precludes further litigation, a VA court will apply VA law

Answer 26

False

Question 27

When a party is required or permitted under the VA Rules of Civil Procedure to do an act within a prescribed time after service of a paper on him, and the paper is served by mail, how many days will be added to the prescribed period?

Answer 27

Three

Question 28

To appeal a case from GDC to CC, the appeal must be taken within ________ days of entry of judgment by noting the appeal in writing with the clerk of the GDC

Answer 28

10

Question 29

When a party is required or permitted under the VA Rules of Civil Procedure to do an act within a prescribed time after service of paper on him, and the paper is served by fascimile, e-mail, or commercial delivery service, how many day(s) will be added to the prescribed method?

Answer 29

One day

Question 30

Unless otherwise provided, every action for damages resulting from fraud shall be brought within ________ year(s) after the cause of action accrues

Answer 30

Two

Question 31

Any party may make a motion for summary judgment at any time, except in an action for

Answer 31

Divorce

Question 32

An appellant in the court of appeals must file an opening brief within ________ of the filing of the record

Answer 32

40 days

Question 33

T/F The court of appeals can never dispense with oral argument

Answer 33

False

Question 34

In the court of appeals, the brief of an appellee must be filed within ________ of the filing of the appellant's brief

Answer 34

30 days

Question 35

If the amount or value involved in a case does not exceed $25,000, a jury of ________ is required. If the amount or value exceeds $25,000, a jury of ________ is required. If the parties consent, a jury of ________ may be used

Answer 35

5; 3; 7

Question 36

The appellant may file a reply brief within ________ of the filing of the appellee's brief

Answer 36

14 days

Question 37

In determining the correct amount in controversy in a civil action, which is correct?

Answer 37

Interest and attorneys' fees stipulated in an instrument are excluded

Question 38

When may clerical mistakes in judgments or in the record be corrected by the court?

Answer 38

At any time

Question 39

If service of the summons has been timely waived on request, an out-of-state D must file responsive pleadings to the complaint within ________ days after the date when the request for waiver was sent

Answer 39

90

Question 40

When answers in a defensive pleading in any suit on an equitable or a legal claim are insufficient, what is the appropriate motion to be made by the complaining party?

Answer 40

Motion to strike

Question 41

What is the purpose of VA's long arm statute?

Answer 41

To confer PJ over residents who have contacts with VA To confer PJ over nonresidents resulting from the ownership of property in VA

Question 42

T/F An extension of time to file a notice of appeal is not permitted

Answer 42

False

Question 43

If the subject matter of a counterclaim or cross claim arises out of the same transaction or occurrence upon which the P's claim is based, the SOL with respect to such actions:

Answer 43

Is tolled by the filing of the P's action

Question 44

In cases in which fraud, concealment, or intentional misrep prevented discovery within the statutorily specified limitation period of an injury caused by medical malpractice, the time within which to bring a claim is extended by ________ year(s) from the date the injury is discovered or, by the exercise of due diligence, reasonably should have discovered

Answer 44

One

Question 45

An "interlocutory appeal" is

Answer 45

An appeal of a nonfinal order for which an appeal as of right does not exist

Question 46

T/F When filing a copy of the notice of appeal with the Court of Appeals, the filing fee must be paid with it

Answer 46

False

Question 47

No aprty shalll serve upon any other party, at any time or cumulatively, more than ________ written interrogatories, including all parts and subparts without leave of court for good cause shown

Answer 47

30

Question 48

If a five person jury is required, the jury panel beings with at least ________ jurors to allow each side ________ peremptory challenge(s)

Answer 48

11 jurors and 3 peremptory challenges

Question 49

In a civil trial, a valid verdict must have _______ of the jurors agree on it

Answer 49

All

Question 50

If a seven person jury is required, the jury panel begins with at least ________ to allow each side ________ peremptory challenges)

Answer 50

13 jurors and 3 peremptory challenges

Question 51

May a P join a claim in tort with one in K?

Answer 51

Yes, provided that the tort claim and the K claim arise out of the same transaction or occurrence

Question 52

T/F A general denial of the entire complaint or plea of the general issue is not permitted

Answer 52

True

Question 53

T/F The parties may consent to a three person jury in a civil case

Answer 53

True