VA MCQ

Question 1

Charitable Organizations & Cy Pres

Answer 1

Under Virginia Law, the doctrine of cy pres applies to trusts & wills.

If a charitable purpose becomes unlawful, impracticable, impossible, or wasteful: the trust does not fail in whole or in part; the trust property does not revert to settlor (or successors); and the court may modify in manner consistent with the settlor’s charitable purpose.

If there is a provision in the trust that would result in distrubution of the trust property to a non-charitable beneficiary this would prevail over the court’s cy pres power ONLY IF (1) it’s going to settlor & they are still alive; or (2) fewer than 21 years has passed since the trusts creation.

Question 2

Rule Against Perpetuities: Common Law & Virginia

Answer 2

Common Law: If at the creation of any interest, there is a possibility it will not vest within a life in being plus 21 years, it is not valid

Virginia has adopted uniform statutory rule against perpetutities which contains a “wait and see” provision.
* Court must actually wait 90 years and see if the interest vests

Question 3

Who bears the burden of proving testamentary capacity?

Answer 3

The proponent of the will bears the burden of proving testamentary capacity, and can create a presumption of capacity by showing that the testator complied with the formal requirements of execution.

This presumption shifts the burden of going forward with evidence (burden of production) to the contestant, but the burden of persuasion remains with the proponent.

Question 4

What is the standard of proof with regard to testamentary capacity?

Answer 4

Preponderance of the Evidence

Question 5

No-contest clause

Answer 5

A clause in a will that penalizes a beneficiary who contests the will; generally enforceable in Virginia.

Question 6

How many days does a party have to appeal a final circuit court order?

Answer 6

30 days of the entry of the order

Question 7

What must a financing statement include and to whom is it filed?

Answer 7

Must include: (1) debtor’s name; (2) name of the secured party or representative of the secured party; and (3) the collateral covered by the financing statement.

It must be filed with the Virginia State Corporation Commission.

Question 8

When is property abandoned?

Answer 8

When the owner of that property has the intent to abandon that property and manifests that intent.

Once personal property has been abandoned, the person who takes possession of it by exercising dominion and control over it acquires ownership.

Question 9

When does apparent authority exist?

Answer 9

The other party to the transaction reasonably believes that the dissociated entity/person is still authorized, does not have notice of their dissociation, and is deemed to not have knowledge of the dissociated party’s lack of authority.

Question 10

Sovereign Immunity: Counties & Municipalities

Answer 10

Counties - enjoy sovereign immunity, cannot be sued in tort, even when acting in a proprietary capacity

Municipalties (Cities/Towns) - enjoy sovereign immunity, only when performing public, governmental functions, NOT when acting in a proprietary capacity

Question 11

Governmental Functions

Answer 11

• Police & Fire Protection
• Operation of hospitals & public education facilities
• Garbage removal

Question 12

Proprietary functions

Answer 12

• Routine road maintenance
• Provision of utilities
• Maintenance of recreational facilties (only liable for gross negligence
• Operation of housing authorities

Question 13

Simultaneous Governmental Proprietary Functions

Answer 13

The action will be considered governmental and sovereign immunity will apply. Examples: snow removal, removal of trees on roadways, repair of traffic lights.

Question 14

Liability of Government Officers & Employees

Answer 14

Sovereign immunity may extend to government officers and employees who are negligent (not wanton or gross) in performing a governmental function. Courts consider four factors:
(1) nature of the function;
(2) extent of the government’s interest and involvement in the function;
(3) degree of control government exercises over employees;
(4) whether act involved employees discretion.

Immunity does not apply to duties that do not involved judgment or discretion.

Question 15

Corporations name must include:

Answer 15

• corporation
• company
• limited
• incorporated
• Co. Corp. Inc. Ltd.

Question 16

Limited Liability Company name must include:

Answer 16

• limited company
• limited liability company
• LC LLC

Question 17

Curative Statute - Process of Service

Answer 17

Except for actions involving divorce/annulment, process that is received by the person directed within the required time is sufficient.

Question 18

A dispute concerning who has title to land

Answer 18

Ejectment Action

Question 19

A dispute regarding possession (often landlord & tenant)

Answer 19

Unlawful entry or detainer

Question 20

Covenant of seisin

Answer 20

warrants that grantor owns the land as described in the deed
* present

Question 21

Covenant of right to convey

Answer 21

Grantor has the right to transfer title
* present

Question 22

Covenant of the right against encumbrances

Answer 22

guarantees the deed includes no undisclosed encumbrances
* present

Question 23

Quiet Possession

Answer 23

Guarantees that grantee’s possession will not be interfered with by a third party’s lawful claim for title.
* future

Question 24

Covenant of warranty

Answer 24

guarantees that the grant will defend afainst a third party’s lawful claim for title
* future

Question 25

Covenant for further assurance

Answer 25

guarantees that the grantor will do whatever is necessary to perfect title should it turn out to be defective
* future

Question 26

What is the plaintiff’s burden of persuasion in a conversion action?

Answer 26

Preponderance of the evidence

Question 27

What is the plaintiff’s burden of persuasion in a fraud, IIED, and punitive damages action?

Answer 27

Clear & convincing

Question 28

What must be turned over to a client when representation is terminated if requested?

Answer 28

Papers produced as work product, even if fees not paid.

Question 29

Apparent Authority

Answer 29

An unauthorized act is performed in the ordinary course of apparently carrying on the partnership’s business in the geographic area where the partnership typically acts

Question 30

Implied Authority

Answer 30

When a partner takes action on a reasonable belief that it is required in order to carry out an express authority.

Question 31

What type of character evidence is occasionally allowed in Virginia?

Answer 31

Reputation, but never opinion.

Question 32

How long does a party have to refile after nonsuit?

Answer 32

Six months from the date of entry or within the original period of limitations whichever is later/

Question 33

gift causa mortis

Answer 33

A gift in contemplation of death
* gift is revoked if the donee dies before the donor

Question 34

Voluntary intoxication is not a defense in Virginia unless…

Answer 34

a person is so greatly intoxicated that he is incapable of deliberation and premeditation, two essential elements to prove first-degree murder (previously capital murder)

Question 35

Before authorizing the issuance of bonds a local gov’t must:

Answer 35

• majority vote of members of governing body.
• hold a public hearing or if no public hearing, must have received voter approval prior.
• A county must receive voter approval to elect to be treated as a city for the purpose of issuing bonds (does not apply to a city)

Question 36

Municipality debt limit:

Answer 36

10 percent of the assessed valuation of real estate in the municipality subject to taxation.

Question 37

Gratuitous Bailee:

Answer 37

• The bailee is not compensated for serving as bailee.
• Required to act with slight diligence, only liable if acts with gross negligence

Question 38

A virginia court has subject matter jurisdiction over a custody hearing to either enter or modify an order if Virginia:

Answer 38

(i) is the child’s home state and has been the child’s home state for a period of 6 months;

or (ii) was the child’s home state in the past 6 months and the child is absent from the state, but one of the parents continues to live in the state.

Question 39

A writ of Fieri Facias

Answer 39

writ of execution that directs the sheriff and commands him to sell the goods of the person against whom judgment has been rendered to pay the creditors.
* Money, bank notes, goods, chattel
* not intangible personal property

Question 40

A circuit court judgment dated on or after July 1, 2021, is enforceable for ____ from the date of the judgment, but a circuit court judgment dated before July 1, 2021, is enforceable for ____ from the date of the judgment.

Answer 40

• 10 years
• 20 years

Question 41

Enforcement of a GDC judgment is available for how long?

Answer 41

10 years from the date of judgment

Question 42

When may a creditor retain the collateral for satisfaction of a debtor’s obligation?

Answer 42

• Has not paid at least 60% of the cash price in the case of a purchase money security interest.

Creditor must send consumer notice of retaining & consumer has 20 days to respond or the creditor may retain the collateral.

Question 43

What happens when a settlor places excess money in a trust for an animal?

Answer 43

Not invalidated, excess is distributed in terms with the trust, or if trust is silent, in accord with statute.

Question 44

Does Virginia recognize the validity of a trust to care for an animal?

Answer 44

Yes, but the animal(s) must be alive during settlor’s lifetime.

Question 45

How does a person become a member of a manager-managed LLC?

Answer 45

If the majority of the managers of the LLC consent.

Question 46

What is quantum meruit?

Answer 46

A claim for quantum meruit arises in Virginia when a party requests a service by another but does not provide adequate details of the express terms to create a contract.

Question 47

When a quroum is present how many votes do you need to pass a resolution?

Answer 47

A majority of those present

Question 48

How many do you need to constitute quorum?

Answer 48

A majority

Question 49

In Virginia, a non-constitutional erroneous evidentiary ruling is harmless when …

Answer 49

the parties have had a fair trial on the merits and substantial justice has been reached.

Question 50

For a breach of warranty action regardin the sale of goods, when does the SOL being to run?

Answer 50

The breach occurs when delivery is made, not when breach discovered.

Question 51

Can a committee created by the board fix the terms of a distribution?

Answer 51

Yes, but they cant authorize a distribution.

Question 52

In impeaching a witness who is a criminal defendant or a party in a civil case, Virginia generally allows …

Answer 52

only the fact of a felony conviction or a misdemeanor involving moral turpitude and the number of convictions, not the name and nature of the crime.

Question 53

The trustee of a testamentary trust must qualify with the clerk of the circuit court or the court in order to serve as trustee. TRUE OR FALSE?

Answer 53

TRUE

Question 54

What can you do if someone isn’t providing stuff for discovery?

Answer 54

Party seeking discovery may enter an order compelling discover
Must include certification party has conferred in good faith with other party in an attempt to resolve

Question 55

Name three sanctions that a court may impose for failure to comply with a discovery order

Answer 55

(i) Treat an evasive answer as a failure to respond; (ii) deem matters admitted; (iii) bar the disobeying party from contesting the issue(s); (iv) strike pleadings; (v) hold the disobeying party in contempt (except for failure to submit to a mental or physical exam); (vi) dismiss an action and grant a default judgment; or (vii) order a disobeying party to pay the other party’s attorney’s fees and costs for litigating the motion to compel.

Question 56

For which three equitable claims is there a right to a jury?

Answer 56

(1) Suits to establish, impeach, or probate a will
(2) Suits to quiet title to real estate
(3) A plea in equity (i.e., a plea in bar)

Question 57

What are commissioners in chancery, and what is their role with respect to the circuit courts?

Answer 57

Circuit courts may appoint and refer equitable matters to a commissioner in chancery.

The commissioner is directed to hold evidentiary hearings, research the law involving the case, and report back to the court with recommended fact conclusions and advice as to the law.
The court is not bound by the commissioner’s findings, but the commissioner’s report on questions of fact is deemed prima facie correct and entitled to great weight.

Question 58

Can a defendant appeal an order granting a nonsuit?

Answer 58

Yes, because it is a final order.

Question 59

What are two bases for a court to grant a motion for judgment notwithstanding the verdict (JNOV)?

Answer 59

(1) A finding as to liability that is contrary to the evidence or the law
(2) A finding as to damages that is contrary to the evidence or the law

Question 60

In General District Court, when must the initial suit papers for an unlawful detainer action be served?

Answer 60

At least 10 days before the first date that the case is on the docket

Question 61

If a trust does not specify it is irrevocable, it is presumed to be…

Answer 61

revocable. While revocable, trustee may follow instructions of settlor even if they conflict with instructions.