Week 2

Question 1

What is the general rule and exception for when a juror can testify about a statement made during jury deliberations?

Answer 1

In VA generally a juror may not testify about any statement made or incident that occurred during jury deliberations.

However, a juror may testify as to statements made by a juror during trail that exhibited overt racial/national origin bais or animus was a significant motivating factor in the jurors vote and casting serious doubt on the fairness and impartially of the jurys deliberations.

Question 2

Does a buyer in the ordinary course of business generally take free of any security interests, including perfected ones, held by a creditor in the seller’s inventory?

Answer 2

Yes.

To qualify, the buyer must:

1. purchase goods form a merchant who is in the business of selling goods of that kind,
2. in good faith,

AND

3. Without knowledge that the sale violates the creditors security interest in the goods.

Question 3

Adverse possession, action for ejectment SOL, time limits:

Answer 3

An action for ejectment must be brought with 15 years of the accrual of the right to bring this action ( ie: the period of limitations does not start to run until a disability is removed.)

Notwithstanding, the action for ejectment must be brought with 25 years from when the cause of action first accrued.

Question 4

Personal property adverse possession elements:

Answer 4

1. actual
2. open and notorious,
3. hostile and adverse (without consent)
4. exclusive and continuous throughout the statutory period.

VA maximum SOL period for bringing a detinue action is 5 years.

Question 5

Does VA adhere to the doctrine of contributory negligence? Define and defenses -

Answer 5

Yes, contributory neg. generally bars recovery by a P who is contributorily negligent.

VA also recognizes the last clear chance doctrine:

A P may mitigate the legal consequences off her own contributory negligence if she proves that the D had the last clear chance to avoid injuring the P but failed to do so.

Question 6

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

Answer 6

At least 10 days before the return date, which is the first date that the case is on the court’s docket.

Question 7

All requirements for writ of attachment to real property