VA Civ Pro

Question 1

VA Appeals - By Right or Petition

Answer 1

Mostly by Right

Question 2

Steps to Appeal Civil Case

Answer 2

1. File Notice of Appeal in Circuit Court

2. File Appeal Brief in VA Ct of Appeals

Question 3

Appeals of Right (8 types)

Answer 3

1. Final decision of a circuit court in a civil matter.
2. Final decision of a circuit court on appeal from a decision of an administrative agency.
3. Final decision of circuit ct on appeal from a grievance hearing issued pursuant to Code 2.2-3005 (Public Employees)
4. Final decision of Workers’ Compensation Commission.
5. Final judgment, order or decree of a circuit ct involving:
   a. Application for a concealed weapons permit.
   b. Involuntary treatment of prisoners
   c. Declaratory or injunctive relief under Code 57-2.02 (Religious Freedom)
6. Interlocutory decree or order pursuant to 8.01-267.8, 8.01-626, or 8.01-675.5
7. Final conviction in a circuit court of a traffic infraction or a crime
8. Appeal of a Partial Final J’ment in circuit ct.

Question 4

Appeals by Petition

Answer 4

1. Commonwealth (and county, city or town) criminal appeals that were previously brought by writ of error under Code 19.2-317
2. Commonwealth appeals in criminal cases pursuant to Code 19.2-398 (pretrial appeal dismissing warrant, info, summons, etc.)

Question 5

Original Jurisdiction of Ct of Appeals

Answer 5

1. Writs of mandamus, prohibition and habeas corpus in any case in which the Ct of Appeals would have appellate jurisdiction.
2. Writs of actual innocence based on non-biological E.

Question 6

Notice of Appeal Procedure

Answer 6

1. Notice of Appeal filed within 30 days after entry of final j’ment or appealable order.
2. Notice of Appeal filed in Clerk’s office of trial court, tribunal or commission from which appeal taken.
3. Copies of notice and certificate must be delivered to all opposing counsel, unrepresented parties, Clerk of Court of Appeals, and (in crim cases) Atty Gen’l WITHIN 10 DAYS.
4. Notice of Appeal must be accompanied by a $50 filing fee.

Question 7

Appeal Bonds (Civil)

Answer 7

Party filing notice of appeal must SIMULATENOUSLY file in the TRIAL court, lower tribunal or commission an appeal bond of $500 or irrevocable letter of credit. (but clerk of ct of appeals may file notice of appeal even when filing fee is up to 10 days late.)

Party filing appeal bond must give notice in writing to counsel for appellee

Question 8

Filing of Transcripts

Answer 8

Must be filed w/ clerk of the TRIAL CT within 60 DAYS after final j’ment.

Question 9

What kind of trial court rulings can be preserved as a BASIS FOR REVERSAL ON APPEAL?

Answer 9

Rulings that HAVE BEEN OBJECTED TO, w/ the GROUNDS GIVEN FOR THE OBJECTION

No ruling of trial ct can be basis of reversal unless objection was STATED W/ REASONABLE CERTAINTY AT THE TIME OF THE RULING.

Question 10

What are the required contents of an Appellants Opening Brief?

Answer 10

1. brief stmt of NATURE OF CASE and of THE MATERIAL PROCEEDINGS IN THE TRIAL COURT
2. statement of QUESTIONS PRESENTED ON APPEAL, w/ reference to the transcript, written stmt or other doc where each question was preserved in the trial ct
3. STATEMENT OF THE FACTS
4. stmt of the PRINCIPLES OF LAW THAT GOVERN CASE; and
5. SHORT CONCLUSION that states the RELIEF REQUESTED.

Question 11

Collateral Estoppel (Gen’l Rule)

Answer 11

ISSUE Preclusion

Final j’ment for the P or D is CONCLUSIVE in a SUBSEQUENT ACTION on a different cause of action between them or their privies as to issues of fact (1) actually litigated and (2) essential to the J’ment in the 1st action.

Precludes parties to a prior action from litigating in a subsequent action any factual issue that was (1) actually litigated, and (2) ESSENTIAL to a valid, final j’ment

Question 12

Collateral Estoppel (MUTUALITY)

Answer 12

C/E may not be used by a party if MUTUALITY is lacking in earlier proceeding.

Since j’ment can’t be used against a person who wasn’t a party, that person is barred from taking advantage of the j’ment.

A person IN PRIVITY w/ a party in earlier litigation may be subject to C/E

Question 13

RES JUDICATA

Answer 13

CLAIM Preclusion

precludes parties from relitigating the SAME CAUSE OF ACTION when a FINAL J’MENT was entered.

Question 14

4 Req’ts for COLLATERAL ESTOPPEL

Answer 14

1. Parties to prior and subsequent proceedings (or their privies) must be the same.
2. Factual issue sought to be litigated must have been LITIGATED IN THE PRIOR ACTION.
3. Factual issue must have been ESSENTIAL TO THE J’MENT in the prior action.
4. prior action must have resulted in j’ment that is VALID, FINAL, and AGAINST THE PARTY AGAINST WHOM THE DOCTRINE IS SOUGHT TO BE APPLIED.

Question 15

Breach of UNWRITTEN K S/L

Answer 15

3 Years

Starts WHEN BREACH OCCURRED

Question 16

Breach of WRITTEN K S/L WHEN K SIGNED BY PARTY TO BE CHARGED

Answer 16

5 Years

K must be (1) in writing, and (2) signed by the party to be charged

Question 17

Breach of Written K S/L (Written BUT NOT SIGNED BY PARTY TO BE CHARGED)

Answer 17

3 Years after the cause of action accrued

Question 18

Defamation S/L

Answer 18

1 Year from when cause of action accrued

Question 19

Defamation - When does COA accrue?

Answer 19

Begins to run from the date injury is sustained

NOT when resulting damage is discovered

COA accrues on date THE DEFAMATORY ACTS OCCURRED

Question 20

What is a Nonsuit?

Answer 20

So long as no x-claims or counterclaims, P has absolute right to request dismissal w/o prejudice & has right to re-file claim

P may take 1 nonsuit as a matter of right (w/ limitations

Question 21

When must nonsuits be taken

Answer 21

before

(1) a motion to strike the E has been sustained,
(2) jury retires from the bar or,
(3) if no jury, before submitted to the court for decision

Question 22

Nonsuits - def’n of “the action”

Answer 22

Means only the action pending in the court –> only counts or claims remaining in a case at the time nonsuit is requested

Claims that have been dismissed with prejudice NOT part of pending action

Question 23

Where may sheriff serve summons/complaint

Answer 23

Only in her own county/city OR in a contiguous county/city

Question 24

Nonsuits - Period of Refiling

Answer 24

Longer of

(1) 6 months, or
(2) Remaining S/L period

Question 25

Who may serve complaint papers

Answer 25

Anyone OVER 18 and who IS NOT A PARTY or OTHERWISE INTERESTED IN THE SUBJECT MATTER OF THE CONTROVERSY

Question 26

Service on foreign corporation - who can be served?

Answer 26

Process must be served on "any officer, director, or registered agent of the foreign corp."

Question 27

When must service occur

Answer 27

Within 1 year of filing lawsuit

Question 28

Service of Process when Service was Improper

Answer 28

Still effective if rec'd within 1 year of filing lawsuit if D received summons and complaint in timely manner --> would mean improper service of no consequence Forgiveness of improper service does not pertain to cases of divorce and annulment of marriage

Question 29

S/L - Personal Injury

Answer 29

2 years

Question 30

S/L - Fraud

Answer 30

2 years

Question 31

S/L - Injury to Property

Answer 31

5 years

Question 32

S/L - Wrongful Death

Answer 32

2 years

Question 33

S/L - Claims for sale of goods under UCC

Answer 33

4 years

Question 34

S/L - Right of contribution among tortfeasor

Answer 34

3 years

Question 35

S/L - Br of Unwritten K

Answer 35

3 years

Question 36

S/L - Domestic and Foreign Judgments

Answer 36

20 years

Question 37

Waiver of SMJ vs. Venue

Answer 37

SMJ - NOT Waivable --> can be attacked AT ANY TIME Venue - defects may be waived if not objected in a timely manner

Question 38

What are the common types of suits w/ Category A (Preferred Venue) venue locations?

Answer 38

D may challenge venue if suit brought at location other than specified venue in following cases: Land - Where land located Wills - where will was PROBATED (or could've been offered for probate) Injunctions - where subject proceeding/judgment is VA Tort Claims Act - claim against state can be brought where claimaint resides or act/omission occurred Divorce and Annulment - where last cohabitation occurred or where D resides

Question 39

VENUE - Category B

Answer 39

If not Cat A venue, D may object to venue if suit brought at a location other than : 1. where D RESIDES or has principal place of e'ment (if not ind'l, where D has principal office or PPB) 2. Where D has REGISTERED OFFICE, AGENT 3. Where D conducts substantial business activity 4. Where action or any part thereof arose (For K, action arises both where K entered into and where Br occurred) 5. Actions against FIDUCIARIES APPOINTED UNDER CT ORDER 6. Where PERSONALTY LOCATED 7. for delivery of goods, WHERE GOODS REC'D 8. to PARTITION PERSONALTY, where personalty located or where E located; otherwise, where P resides 9. OTHERWISE, where D has property or debts owing to him 10. If all Ds UNKOWN, where P resides

Question 40

VENUE - Multiple Defendants

Answer 40

Venue proper if 1 party entitled to Class A location and suit brought there Otherwise, wherever venue is proper for any party if venue proper as to at least 1 resident defendant

Question 41

When must D make Objections to Venue and what must they include in objection?

Answer 41

D must object within 21 days (or w/i period of extension of time to file responsive pleadings). D must set forth where he believes venue is proper

Question 42

Demurrer

Answer 42

Tests legal sufficiency of complaint/aggressive pleadings Assumes all well-pleaded facts in complaint are true (even if true, complaint doesn't state valid claim for relief) Even if sustained, J will likely grant leave to amend to cure

Question 43

What is a Motion to Strike the Evidence?

Answer 43

Suggests a failure to prove a NEC element, and ct will grant the motion IF A JURY COULD PROPERLY FIND ONLY ONE WAY

Question 44

Intervention

Answer 44

3rd party can file motion to intervene Requires LEAVE OF CT Ct has considerable discretion in deciding such request Treated as pleading May assert any claim or defense germane to subject matter of suit

Question 45

What must P show to get an Injunction?

Answer 45

P must show: 1. allege facts showing RECOGNIZED LEGAL RIGHT 2. NO ADEQUATE LEGAL REMEDY 3. injunction FEASIBLE, PRACTICABLE, and EFFECTIVE to vindicate right 4. BALANCE OF EQUITIES WEIGHS IN P's FAVOR 5. wouldn't ADVERSELY AFFECT PUBLIC INTEREST 6. NO EQUITABLE DEFENSES

Question 46

Types of Responsive Pleadings

Answer 46

``` Answer Demurrer Special Plea MTD Bill of Particulars ```

Question 47

Demurrer vs. MTD

Answer 47

DEMURRER - Equivalent of MTD for failure to state a claim MTD - For other legal defenses (jurisdiction, venue, and service)

Question 48

S/L of Infant (i.e. Minor)

Answer 48

S/L doesn't begin to run until minor reaches age of majority

Question 49

What is the effect of a Disability on the S/L?

Answer 49

S/L tolled until disability removed If disability occurs after accrual, period is tolled during disability

Question 50

S/L - What tolls S/L (date of filing or service on D)?

Answer 50

Date of filing

Question 51

S/L - Is S/L tolled when suit filed against wrong party?

Answer 51

No, gen'l rule is the date of filing suit, AGAINST THE CORRECT PARTY, tolls the running of the S/L

Question 52

When can an amendment adding a new CoA RELATE BACK for S/L purposes?

Answer 52

Relate back only if 1. New claim ARISES OUT OF SAME CONDUCT OR TRANSX pled in original CMPT, 2. amending party was RSN DILIGENT in raising the claim, and 3. Parties opposing the amendment WILL NOT BE SUBSTANTIALLY PREJUDICED in litigating merits of the claim

Question 53

S/L - Relation Back for MISNOMERS

Answer 53

Amendments substituting correct party for improper party relate back if: 1. new claim ARISES FROM SAME CONDUCT, TRANSACTION, OR OCCURENCE set forth in the original claim 2. party brought in REC'D SUCH NOTICE OF THE ACTION W/I LIMITATIONS PERIOD that she wouldn't be prejudiced if req'd to defend, and 3. she knew or should have that, but for a mistake of identity, she would have been sued at outset

Question 54

Consideration of Depositions in MSJ

Answer 54

Trial ct barred from considering discovery depositions in support of MSJ

Question 55

Preserving Objection for Appeal

Answer 55

Party must (1) make timely objection, and (2) state the grounds for the objection at the time of the Court's ruling. If a party files a motion or objection known to the court, don't have to do it again. Filing a response to a motion in limine is sufficient to preserve the objection.

Question 56

Award of Atty's Fees - Gen'l Rule

Answer 56

In the absence of statute or K, ct may not award atty's fees to prevailing party.

Question 57

Atty's Fees - When May They be Granted

Answer 57

When statute or K provides, OR FRAUD --> J, in exercise of discretion, may award atty's fees to defrauded party

Question 58

Appeals Ct - Standard of Review on Ruling of Law

Answer 58

Ruling of LAW - DE NOVO (no deference to lower court's ruling) MEANS CT CAN HEAR E NOT INTRODUCED AT TRIAL CT

Question 59

Relief from Defaults and Default J'ments

Answer 59

If default has not yet turned to default j'ment, D may file motion to file late pleading Std is low = ANY GOOD CAUSE

Question 60

Gen'l Rule re Late Filing of Pleadings

Answer 60

Court has discretion to allow, even when deadline for responsive pleading has passed.

Question 61

Do Affirmative Defenses that ARE NOT Dispositive of Action need to be raised in a responsive pleading?

Answer 61

No

Question 62

What's the proper way to raise S/L as a defense? Can it be raised in a demurrer?

Answer 62

Must be raised as an AFFIRMATIVE DEFENSE in a RESPONSIVE PLEADING CANNOT be raised in DEMURRER

Question 63

When can't demurrer be filed?

Answer 63

After D files A

Question 64

Factors court considers when determining whether to allow late pleadings

Answer 64

For good cause shown, court has discretion to allow considering: 1. EXTENT and REASON for the delay 2. PREJUDICE to P caused by delay But, good cause is LIBERAL STD and policy of the rule FAVORS ALLOWING LEAVE

Question 65

Default J'ment - What can/can't defaulted D do/present in hearing on issue of DAM?

Answer 65

CAN'T: offer proof/argument on issue of LIABILITY CAN: (1) object to P's E re DAM (2) offer E re QUANTUM OF DAM (3) participate in JURY SELECTION (4) submit proposed JURY INSTRUCTIONS (5) make ORAL ARG on issue of DAM

Question 66

Default J'ment: Amount to be Entered

Answer 66

LIQUIDATED: Amount APPEARING TO THE COURT TO BE DUE UNLIQUIDATED: Ct will hear E and fix the amount (unless P demands jury, then jury decides)

Question 67

Appeal from GEN'L DISTRICT CT

Answer 67

By Right, but MUST BE FILED W/I 10 DAYS of j'ment Day of J'ment does NOT count When last day is Saturday, Sunday, or legal holiday, get to file the next work day

Question 68

What are req'd elements for a Temporary Injunction?

Answer 68

1. LIKELIHOOD OF SUCCESS ON MERITS 2. IRREPERABLE INJURY 3. BALANCE OF HARDSHIPS 4. PUBLIC INTEREST (won't be adverse to public interest)

Question 69

Long-Arm Statute

Answer 69

In order for VA ct to have personal jurisdiction over non-VA resident/corp, long-arm statute must be able to reach D. D must have SOME TYPE OF CONTACT within VA: 1. TRANSACTS ANY BUSINESS in VA (1 transx enough) --> SINGLE TRANSACTION STATE 2. CONTRACTS TO SUPPLY SERVICES OR THINGS in VA 3. CAUSES TORTIOUS INJURY BY ACT OR OMISSION IN VA 4. CAUSES TORTIOUS INJURY BY ACT OR OMISSION OUTSIDE VA if he regularly does business in VA or other persistent course of conduct from which he derives SUBSTANTIAL REVENUE from goods used or consumed or services rendered in VA 5. CAUSES INJURY in VA BY BREACH OF WTY 6. Has interest in, uses, or possesses REAL PROPERTY in VA 7. CONTRACTS TO INSURE in VA

Question 70

When should Summary Judgment be granted?

Answer 70

when it appears from the pleadings NO DISPUTE AS TO MAT'L FACT and Rarely granted in VA NOT AVAILABLE FOR DIVORCE OR ANNULMENT

Question 71

When can depositions be used in MSJ?

Answer 71

ALL PARTIES AGREE ALL PARTIES ARE BUSINESS ENTITIES and AMT IS > $50K

Question 72

Subject Matter Jurisdiction - Waivability

Answer 72

NOT WAIVABLE SMJ may be raised AT ANY TIME, even for 1ST TIME ON APPEAL, and ct may raise SUA SPONTE

Question 73

Service - Who May Accept

Answer 73

FAMILY MEMBER OVER 16 who resides w/ D at USUAL PLACE OF ABODE must EXPLAIN SIGNIFICANCE OF SERVICE

Question 74

What are the various forms of Service (in order of preference)?

Answer 74

In descending order and only if preferred method fails. 1. Personal service 2. Family member over 16 at usual place of abode and explain significance 3. Post copy on front door of usual place of abode and MAIL COPY at least 10 days before taking default judgment

Question 75

What is a Bill of Review?

Answer 75

Bill in equity that requests a J reopen a case in which a final order has been entered. May be filed w/i 6 MONTHS OF FINAL ORDER.

Question 76

Trial Court's Jurisdiction After Entry of Order

Answer 76

Case lies in the BREAST OF THE CT for 21 DAYS after final j'ment

Question 77

Bill of Review

Answer 77

Equitable remedy that allows review of ct decision by a party: 1. W/I 6 MONTHS 2. ERROR OF LAW, or NEWLY DISCOVERED E (that couldn't have been discovered earlier with RSN diligence)

Question 78

Motion to Strike the Evidence

Answer 78

Suggests failure to prove a NEC element Ct will grant if a jury COULD PROPERLY FIND ONLY ONE WAY Can be made at conclusion of P's E, D's E, or after all E is in After sustaining motion, J may enter FULL OR PARTIAL S/J

Question 79

Jury Selection (number of jurors when amount greater/less than $25k)

Answer 79

Less than $25k --> jury of 5 req'd Greater than $25k --> 7 If parties agree, jury of 3 may be used

Question 80

Challenges to Jurors (Peremptory Challenges vs. For Cause/For Favor)

Answer 80

Each side allowed 3 peremptory challenges on race and gender neutral grounds No limit for cause/favor

Question 81

Striking Jurors FOR CAUSE - Reasons

Answer 81

1. RELATED TO A PARTY 2. has ANY INTEREST IN THE CASE being tried 3. has expressed OPINION OR BIAS in the matter

Question 82

Demurrer Requirements

Answer 82

1. Must be filed IN WRITING 2. W/I 21 DAYS of service (unless trial court J grants leave for add'l time to file) 3. Must state SPECIFIC GROUNDS (not merely failure to plead a CoA). 4. Tr J may only look to the FACE OF P's PLEADING in ruling on demurrer.

Question 83

What types of cases does Gen'l District Court have Jurisdiction over (dollar amount)?

Answer 83

Have exclusive SMJ for claims up to $4500 (NOT INCLUDING ATTY'S FEES or INTEREST demanded)

Question 84

How should actions be brought for minors (under 18)?

Answer 84

Should be brought by "next friend" --> i.e. parents

Question 85

What is a Misnomer?

Answer 85

Mistake in name (not person)

Question 86

What is a Misjoinder?

Answer 86

Mistake as to the correct party

Question 87

What is INTERPLEADER?

Answer 87

A way for a HOLDER of property to initiate a suit between two or more claimants to the property. If, for example, A holds property that he knows he does not own, but that both B and C are claiming, A can sue both B and C in an interpleader action, where B and C could litigate who actually owns the property.

Question 88

Is an appeal of a ruling on demurrer a ruling of law or fact?

Answer 88

Ruling of LAW (thus, appellate court applies DE NOVO)

Question 89

Is a ruling on a demurrer appealable?

Answer 89

Only if SUSTAINED (b/c that would constitute a FINAL ORDER)

Question 90

When should a MOTION TO STRIKE THE EVIDENCE be granted?

Answer 90

When (1) NONMOVING PARTY has been FULLY HEARD 2. there are NO DISPUTE OF MATERIAL FACT, and 3. a RSN JURY WOULD NOT FIND FOR NONMOVING PARTY

Question 91

STATUTES OF LIMITATIONS - 2 Years

Answer 91

Personal Injury Fraud Wrongful Death

Question 92

S/L - 1 Year

Answer 92

Defamation

Question 93

S/L - 3 Years

Answer 93

Unwritten K's Right of Contribution Among Tortfeasors

Question 94

S/L - 4 Years

Answer 94

Claims for Sale of Goods Under UCC

Question 95

S/L - 5 Years

Answer 95

Injury to Property Written K's

Question 96

What are the exceptions to the gen'l rule that defamation claims COA accrues on the date the statement is made?

Answer 96

1. ANONYMOUS PUBLICATION | 2. Published under FALSE IDENTITY ON THE INTERNET

Question 97

What happens if a party files their appeal in the wrong court (i.e., they should've filed in Court of Appeals but filed in Supreme Court instead)?

Answer 97

Appellate court will transfer to proper court. NOT FATAL.

Question 98

When will issues raised on appeal for the first time be considered by the appellate court?

Answer 98

Only when the ENDS OF JUSTICE exception applies.

Question 99

Requirements for TEMPORARY INJUNCTION

Answer 99

1. Would injunction PRESERVE STATUS QUO and avoid IRREPARABLE HARM? 2. ADEQUATE REMEDY AT LAW? 3. LIKELIHOOD OF SUCCESS on the merits 4. BALANCING OF EQUITIES

Question 100

What must plaintiff do if the court grants request for temporary injunction?

Answer 100

Pay bond in sufficient amount to assure that if defendant wins, they can recover whatever DAM & costs suffered due to the temp injx.

Question 101

What is PRIVATE NUISANCE?

Answer 101

Where neighbor's action unreasonably interferes w/ the use and enjoyment of another's land in a way unique to the planitiff.

Question 102

What is UNCLEAN HANDS doctrine?

Answer 102

Party seeking equitable relief must himself not have been guilty of inequitable or wrongful conduct.

Question 103

When will choice of law provisions in a K for the sale of goods be enforceable?

Answer 103

When the transaction bears RSN R'SHIP to the STATE CHOSEN.

Question 104

Can RFAs based on responses provided in a deposition be used in a MSJ?

Answer 104

Yes, as long as they don't reference the deposition and don't require the deponent to admit/deny he gave certain testimony in the deposition.

Question 105

Must jury verdicts be unanimous?

Answer 105

YES

Question 106

Does mere fact of a conversation w/ a juror mandate new trial?

Answer 106

No, judge should determine what was said and if it effected the deliberations.

Question 107

What is the standard for deciding whether a jury verdict is excessive?

Answer 107

Whether it SHOCKS THE CONSCIENCE OF THE COURT. If it does, the judge can put the plaintiff on terms to accept a REDUCED J'MENT or judge will ORDER NEW TRIAL

Question 108

What does a choice of law provision in a K mean?

Answer 108

That the SUBSTANTIVE portions of the K will be construed under that state's law.

Question 109

Is S/L considered substantive or procedural for choice-of law?

Answer 109

PROCEDURAL

Question 110

On a BREACH of K case, when there's a choice of law provision, what will court consider re S/L?

Answer 110

Shorter of 1. VA S/L, or 2. Chosen State's S/L.

Question 111

At what point is citizenship adjudged for SMJ purposes?

Answer 111

When complaint is filed.

Question 112

When may a circuit court vacate an arbitrator's award?

Answer 112

1. Award procured by fraud, corruption, undue means 2. Evident partiality by arbitrator 3. Arbitrator exceeded powers 4. Arbitrator refused to postpone hearing for sufficient cause shown

Question 113

How can a party collect an award from arbitration?

Answer 113

1. Apply to have the award CONFIRMED in court | 2. After confirmed, court enters JUDGMENT

Question 114

What is an action at DETINUE? What must be shown for pretrial seizure?

Answer 114

Object is to RECOVER SPECIFIC PERSONAL PROPERTY (or if not available, its value) unlawfully w/h from P. May be brought for PRETRIAL SEIZURE. Must plead: 1. Kind, quantity and estimated value of property 2. Basis of P's claim that will give D RSN notice of the claims and particulars 3. allege GROUNDS FOR ATTACHMENT by stating facts (not conclusions) from which jud'l officer can conclude RSN cause exists 4. Petition must be SWORN to by P or his agent BOND for 2x value of property

Question 115

Detinue elements

Answer 115

1. P has CURRENT PROPERTY RIGHT in the property 2. P must have right to IMMEDIATE POSSESSION 3. Property must be CAPABLE OF POSS'N 4. Property must have SOME VALUE 5. D must have had poss'n of property prior to suit

Question 116

Who should be named as parties in action for DETINUE?

Answer 116

Person in possession of property Anyone else claiming an interest

Question 117

Is contributory N an affirmative defense?

Answer 117

Yes. Thus, it's waived if not pleaded.

Question 118

Which jurisdiction laws govern a K signed in another state when the parties were residents of VA?

Answer 118

The laws of the state WHERE THE K WAS EXECUTED, unless that state's laws are against VA PUBLIC POLICY.

Question 119

Are parties entitled to jury trials in EQUITABLE CLAIMS?

Answer 119

No