Virginia Vocab Flashcards
Abatement
Ending of a suit. So-called “please in abatement” are not recognized anymore but they could ask you whether the action will “be abated” if a motion is granted for a venue defect (answer: no, it will be transferred, not ended)
Ab initio
“from the beginning” as in a judgment entered by a court that lacks subject matter jurisdiction is void ad initio
Ad damnum
The portion of plaintiff’s pleading which specifies the amount of money the suit seeks
Additur
a rare maneuver in which the trial judge thinks a jury verdict is too low, and tells the defendant that unless defendant accepts a higher amount, the trial judge will give plaintiff a new trial.
Assignments of error
In VA, every appellant must write out a short summary of each of the errors made in the lower tribunal that appellant claims are grounds for reversal. The appeal is limited to the exact scope of what is asserted in the assignment
Bailiwick
The territory in which a sheriff has jurisdiction; usually, a city or county.
Bailment
the cause of action one uses when property is left with someone and is damaged. Can be “gratuitous” (no payment, bailee need only use some care) or “compensated” (bailee is liable for negligence, or for departure from the terms of the owner who entrusted the property with him.
Bill of Particulars
In most states, a criminal discovery device. Here it’s available on the civil side too, in actions at law only. You move to have the court require the plaintiff to spell out more particularly what the motion for judgment is trying to allege (like the federal motion for a more definite statement).
Certiorari
In VA parlance, certiorari is the proceeding one brings in circuit court to challenge local zoning rulings.
Chancery
The old name for the equity side of circuit court. The Chancellor is the circuit court judge when hearing an equitable claim, and particularly when presiding at a bench trial.
Collateral estoppel
Issue preclusion. Arises in VA where the same parties who previously actively litigated a specific issue and reached a final judgment, are again facing each other in a later case where that fact/issue could have some effect.
Collateral Source Rule
The doctrine that even if an injured person will receive insurance recoveries he or she may still sue the tortfeasor for personal injuries and property damage plaintiff has suffered. The insurance or other payment is “collateral” to the tortfeasor’s obligation to pay.
Commissioner
Usually a lawyer appointed by the court in an equity suit to hear evidence and make a report recommending how the court should rule. This happens in domestic relations cases, real property cases such as easement disputes, and other “chancery” causes of action. Sometimes a “special commissioner” is appointed to do some act the court requires, such as to convey title, when the parties refuse but the court insists.
Committee
One form of guardian appointed for a person under disability (e.g., mental cases and convicts). Despite the nomenclature, it’s usually an individual, as in, Mr. DeWayne Shifflett was appointed as the committee for Mr. Counts.
Confession of judgment
A contract term that allows the creditor to cimply register a judgment if the debtor falls into default, without even filing a suit. It’s constitutional.
Continuance
The case is adjourned to a later date. So it does not continue right now but…
Contribution
The equitable cause of action (recognized by statute in VA) for one tortfeasor to sue other joint tortfeasors for their share of the liability to the injured party.
pro rata
In VA, contribution is [—] (equal shares) rather than proportionate to culpability (not comaparative)
Decree
a word sometimes used to refer to the final order or judgment reached in an equitable suit.
Demurrer
The pleading that works in VA like a motion to dismiss – it challenges the face of the bill of complain/motion for judgment and says “if we take all these averments as true, does plaintiff have a viable claim here?”
Detinue
The civil action in VA to seek recovery of personal property. Remember: Don’t use “replevin” in VA as the same for this cause of action.
Devisavit vel non
as in, an action [—-]. This is a proceeding to determine whether there is a valid will, which may be heard by the judge, with or without an advisory jury.
Ejectment
and action for [—] is the form of lawsuit used when you wish to assert title to real property
Eminent Domain
synonym for condemnation of property by the government or authorized utility.
Ex Contractu
use this term as a general reference to “all contract type actions”. As in “for venue purposes, actions [—] arise either where the agreement is made, or where it is breached.
Ex Delicto
use this term as a general reference to “all tort type actions”.