Virginia Civil Procedure Flashcards
SMJ -Trial courts have concurrent jdx - GC and CC - so for some types of cases…
you can sue in either court.
Three Elements Needed to Sue-
SMJ, PJ, Venue
SMJ - gives us the NAME OF THE COURT generically - GDC or CC
PJ - gives us the STATE
Venue - gives you the ACTUAL, PARTICULAR LOCATION of the court.
SMJ -General District Courts
1. Non Personal Injury Actions
Jurisdiction over claims alleging damages from $1 to ___. If the alleged damages are ____, the case MUST go to Circuit court.
- 25,000; 25,001
SMJ -General District Courts
2. Personal Injury Actions
Jdx over claims alleging damages from $1 to ____. If the alleged damages are ____, the case MUST go to Circuit Court.
- 50,000; 50,001
SMJ -General District Courts
3. Unlawful detainer. More easily understood as ___. Jurisdiction regardless of amount in controversy
Landlord tenant disputes
SMJ -General District Courts
4. Interpleader Actions
Jurisdiction with the courts ordinary jdx limits
SMJ -General District Courts
5. Freedom of information act actions
SMJ -Circuit Courts (CC)
The main trial courts in VA in which significant disputes are adjudicated.
1. Jurisdiction over claims that are valued OVER $_____.
$4500
SMJ - GDC has concurrent jurisdiction with
1. CC if the claim is between $____ to _____ for non PI claims, and up to _____ for PI claims.
2.The ____ can choose either court.
- $45001 to $25,000; $50,000
- Plaintiff
SMJ Examples - JDX of GDC & CC = Part 1
1. P wants to sue D for breach of K for $4k in damages. P can sue in ___
2. P wants to sue D for breach of K for $5k. P can sue in _____
3. P wants to sue D for breach of K $27k. P can sue in ___.
- GDC ONLY
- GDC OR CC
- CC ONLY
SMJ Examples - JDX of GDC & CC = Part 2
4. P, a LL wants to due D, her tenant for not paying $60,000 in rent (unlawful detainer action). P can sue in ___.
5. P, an insurance company, wants to sue D1 & D2, both of whom are fighting over the proceeds of a 23k insurance policy. P can sue in ____.
6. P wants to sue D for injuries she sustained in a car accident, causing her 27k in damages. P can sue in _____.
7. P wants to sue D for injuries she sustained in a car accident, causing her $27k in damages. P can sue in ___.
- GDC or CC - No limit on AIC
- GC or CC (interpleader)
- GDC or CC (PI claim)
- CC ONLY.
PJ - Power of the court over a particular party (often an issue regarding power over defendants).
VA personal jurisdiction law related to federal PJ
Virginia courts have PJ to the full extent permitted by DPC.
*Exam tip - whatever answer an analysis of the DPC gives you, thats the answer you will also get when you do your state PJ analysis.
PJ - Virginia State Law - Part 1
Virginia’s long arm statute deals with defendants that do not reside in VA & identifies a series of contacts with VA that are sufficient to give the court jdx.
Contract- Based contacts:
1. If D conducts ____ in VA, or sells ____ or _____ into the state, a VA court will have PJ over the D provided that the claim being brought ____ from the D’s contacts with the state.
Business; goods or services; arises.
PJ - Virginia State Law - Part 2
Virginia’s long arm statute deals with defendants that do not reside in VA & identifies a series of contacts with VA that are sufficient to give the court jdx.
Contract Based Contacts
If a D sells a product outside of VA covered by an explicit or implied WARRANTIES, AND the product causes INJURY in VA, the D will be subject to PJ if:
A. the D could reasonably expect that the product will be used in VA;
AND
B. the D conducts regular business in VA or derives substantial revenue from VA.
PJ - Tort Based Contacts.
If a D acts in VA, causing tortious injury WITHIN the state, VA will have PJ over that particular claim.
If a D acts outside of VA, causing tortious injury in the state, VA will have PJ over the D provided that:
- The claim arises from those contacts; and
- The D has systematic contacts with the state
PJ - Property- Based Contacts
If D has an interest (ownership/possession) in real property in VA, VA will have PJ over the D provided the claim arises from that interest.
PJ - Family- based contacts
if the matrimonial domicile was in VA, VA has PJ to adjudicate a divorce.
If a D is obligated to pay support, spouse or child, to a VA resident, VA has PJ to enforce.
PJ - Subject to service of process
Service of process: the act of delivering the summons and complaint to the D.
Subject to service of process: amenable to the courts authority.
Similar to being subject to arrest- if you are in VA, a VA police officer has authority to arrest you.
Exam tip the phrase “subject to service of process” may trigger a PJ issue.
Finding the right court: PJ - FEDERAL.
Due Process - A right to be free from random justice.
PJ is about predictable places you can be sued.
Due Process in Practice: Where are the non-random places you can be sued?
5 WAYS
- Domicile - state in which he/she RESIDES and intends to REMAIN. If its an entity - principal place of business and state of organization.
- Minimum Contacts (see other slide)
- Consent - forum selection clause in K. Can also arise from decision to make an appearance in a lawsuit and fail to object to P.
- “Tag Jdx” Service of Process -Delivery of summons and complaint.
- Essentially at home - almost never applies. “Quasi-home” in state, usually applies to companies operating in the state but not domiciled there.
Due Process - nonrandom places a D can be sued: Minimum Contacts = 3 ways
A D can be sued in a state where it has minimum contacts and there is a relationship between the claim and those contacts.
A. Purposeful Establishment = Contacts that are purposefully established. D must decide to connect itself with a particular state.
1. Unilateral action by P CANNOT create a contact to D. Contact with the state - D must intentionally establish contact with state, not simply a resident who is a resident of the state.
2. Stream of Commerce - intentionally putting something in the stream of commerce does NOT mean that you intend to go everywhere the stream goes, even if you know the path of the stream.
— Watch for advertising or soliciting business in conjunction with this.
—- Selling products in the state (physical product) is usually enough. A sporadic sale is usually not enough (like a Craigslist sale b/w two individuals)
3. K relationships that do not involve the sale of products or services will establish PJ IF the contract portends to a SUBSTANTIAL ONGOING RELATIONSHIP with the forum state.
B. Relationship between contact and claim - Use a “but-for” causation analysis.
C. Fair play and substantial justice - rarely dispositive in a PJ analysis on an exam
Venue in VA
1. Preferred (Mandatory) or Category A venue
- Choice of forum clause— must sue where the forum clause dictates
- Real property — must sue where the land (district) is located
- Action against the state— must sue in the district where the plaintiff resides
- Wills— must sue where the will was or would have been probated (usually where the decedent lived at the time of death
- Injunctive relief - must sue in the district court where the defendant will be forced to perform
Venue in VA
2. Permissible or Category B Venue
If a preferred venue does not exist, P MAY sue in any of the following venues:
1. Where a HUMAN defendant resides or works
2. Business Defendant — principal place of business; conducts substantial business, as long as that place is related to the P’s case; where registered agent is located
3. Where a corporate defendant’s CEO resides.
4. Where the Plaintiff’s claim arose
a. Contracts: last act that formed the contract occurred (like where they signed) OR where the breach occurred
b. Tort: where wrongful acts or harm occurred
c. Everything else: analogize K or Torts
*Exam tip - one way to summarize: P can lay venue “where the bad guy lives or works, OR where the bad thing happened.
Venue: Multiple Defendants
A venue that is lawful for ANY ONE DEFENDANT is lawful for ALL defendants.
