Virginia Civ Pro Flashcards
Decisions of the state corporate commission may be appealed to what court?
Va. Supreme Court
If the trial judge in a civil action has granted a motion to strike the evidence of the plaintiff or the defendant the judge shall
enter summary judgment in conformity with his ruling on the motion to strike
enter partial summary judgment in conformity withi his ruling on the motion to strike
What is the object of a declaratory judgment action?
The object of a declaratory judgment action is to obtain a declaration of right with or without consequential relief.
A declaratory action is only available if there is a ripe, pending dispute, and a declaratory ruling would guide the parties’ future conduct.
A declaratory ruling is not available if any ordinary cause of action would provide a remedy.
Remedy of Remittitur is designed to
Cure an award of damages that is grossly excessive without the necessity of a new trial or an appeal
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 defendant
12 months
Additur
If damages found by the jury are inadequate, the court may required the defendant to pay an amount in excess of the verdict or face a new trial.
A lawsuit against the Commonwealth generally will be foreover barred IF
not brought within 18 months after filing the notice of claim or within 2 years of the cause of action
Does sovereign immunity apply to the Commonwealth in all suits for money damages caused by the negligence of a state employee?
NO. By statute, the commonwealth consents to suits for money 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
Can summary judgment be granted if there is a genuine issue as to the amount of damages
Yes, interlocutary in nature, SJ can 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
Generally a bill of review may be filed within after entry of the decree to be reviewed
6 months
The plaintiff may within days after service of the third-party complaint upon the third-party defendant, assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff’s claim against the third-party plaintiff
21 days
Generally, a person who has been called and reported for jury duty in the trial of any case either civil or criminal, at any one term of a court, cannot be permitted to serve as a juror during a term within the next
3 years
A plaintiff in a lawsuit agains the Commonwealth must notify the Commonwealth of the claim within ____\_ of the accrual of the cause of action
One year
Unless otherwise provided, every action for personal injuries, whatever the theory of recovery must be brough within _____\_ after the cause of action accrues
2 years
For a personal injury case against the Commonwealth for which the statute of limitations is two years, when must the plaintiff notify the Commonwealth of the claim before it will be barred?
within one year
