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Virginia Bar Exam > Virginia Civil Procedure > Flashcards

Virginia Civil Procedure Flashcards

1
Q

What is the upper monetary limit for a personal injury case filed in general district court?

A

$50,000

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2
Q

General district courts have concurrent subject matter jurisdiction with circuit courts when the amount in controversy exceeds ________ but does not exceed __________.

A

$4,500; $50,000.

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3
Q

If the trial judge in a civil action has granted a motion to strike the evidence of the plaintiff or the defendant, what should the judge do?

A

Enter summary judgment or partial summary judgment in conformity with his ruling on the motion to strike.

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4
Q

What is the object of a declaratory judgment action?

A

To obtain a declaration of right.

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5
Q

What remedy is designed to cure an award of damages that is grossly excessive without the necessity of a new trial or appeal?

A

Remittitur.

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6
Q

Service of process in a civil action or suit is deemed timely if made within how long of the commencement of the action or suit against the defendant?

A

12 months

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7
Q

If damages found by the jury are inadequate, the court may require the defendant to pay an amount in excess of the verdict or face a new trial. This is called:

A

Additur.

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8
Q

True or False: Sovereign immunity applies to the Commonwealth in all suits for money damages caused by the negligence of a state employee.

A

FALSE

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9
Q

True or False: A pleading can be signed by using a law firm name only.

A

FALSE

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10
Q

True or False: Summary judgment as to liability may not be granted if there is a genuine issue as to the amount of damages.

A

FALSE

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11
Q

Generally, a bill of review may be filed within what time period after entry of the decree to be reviewed?

A

Six months.

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12
Q

The plaintiff may, at plaintiff’s option, within _______ 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.

A

21 days.

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13
Q

What claims may be heard in general district court regardless of the amount in controversy?

A

Distress claims.

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14
Q

A plaintiff in a lawsuit against the Commonwealth must notify the Commonwealth of the claim within ______ of the accrual of the cause of action.

A

One year.

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15
Q

Unless otherwise provided, every action for personal injuries, whatever the theory of recovery, must be brought within _____ year(s) after the cause. of action accrues.

A

Two years.

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16
Q

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?

A

Within one year.

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17
Q

True or False: An arbitration award must be vacated if a court of law or equity would not have arrived at the same result.

A

FALSE.

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18
Q

A trial court has the power to vacate a default judgment or decree on the ground of fraud within ______ of rendition.

A

Two years.

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19
Q

Leave to amend a pleading is to be:

A

Liberally granted in furtherance of the ends of justice.

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20
Q

Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within _____ after the cause of action accrues.

A

One year.

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21
Q

A ______ requires a non party deponent to bring documentary evidence with him to a deposition.

A

Subpoena duces tecum.

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22
Q

A motion to strike the evidence serves the same function as a __________ in federal court.

A

Motion for judgment as a matter of law.

23
Q

How many of the appellate court justices are required for the court to sit en banc?

A

Eight.

24
Q

Notwithstanding any other provision of law, when may a party in any civil action inform the jury of the amount of damages sought by the plaintiff?

A

In both the opening statement and the closing argument.

25
Q

A notice of appeal must be filed within ________ days of entry of the final judgment or other appealable order or decree in circuit court.

A

30 days.

26
Q

After trial in the circuit court, any notice of appeal must be originally filed with which court?

A

The circuit court.

27
Q

True or False: In determining whether the judgment of another state precludes further litigation, a Virginia court will apply Virginia law.

A

FALSE.

28
Q

When a party is required or permitted under the Virginia Rules of Civil Procedure to do an act within a prescribed time after service of a paper on him, and the paper is served by mail, how many days will be added to the prescribed period?

A

3 days.

29
Q

To appeal a case from a general district court to a circuit court, the appeal must be taken within ______ days of entry of judgment by noting the appeal in writing with the clerk of the general district court.

A

10 days.

30
Q

When a party is required or permitted under the Virginia Rules of Civil Procedure to do an act within a prescribed time after service of a paper on him, and the paper is served by facsimile, e-mail, or commercial delivery service, how many day(s) will be added to the prescribed period?

A

One day.

31
Q

Unless otherwise provided, every action for damages resulting from fraud shall be brought within _____ year(s) after the cause of action accrues.

A

Two years.

32
Q

Any party may make a motion for summary judgment at any time, except in an action for what?

A

Divorce.

33
Q

An appellant in the court of appeals must file an opening brief within ______ of the filing of the record.

A

40 days.

34
Q

Except as otherwise directed by the Virginia Court of Appeals, oral argument for a party shall not exceed ______ in length.

A

15 minutes.

35
Q

In the court of appeals, the brief of an appellee must be filed within ______ of the filing of the appellant’s brief.

A

30 days.

36
Q

If the amount or value involved in a case does not exceed $25,000, a jury of ______ is required. If the amount or value exceeds $25,000, a jury of ________ is required. If the parties consent, a jury of ______ may be used.

A

Five; seven; three.

37
Q

The appellant may file a reply brief within _____ of the filing of the appellee’s brief.

A

14 days.

38
Q

In determining the amount in controversy in a civil action, are interest and attorney’s fees stipulated in an instrument included or excluded?

A

Excluded.

39
Q

When may clerical mistakes in judgments or in the record be corrected by the court?

A

At any time.

40
Q

If service of the summons has been timely waived on request, an out-of-state defendant must file responsive pleadings to the complaint within _____ days after the date when the request for waiver was sent.

A

90 days.

41
Q

When answers in a defensive pleading in any suit on an equitable or a legal claim are insufficient, what is the appropriate motion to be made by the complaining party?

A

Motion to strike.

42
Q

What is the purpose of Virginia’s long arm statute?

A

To confer personal jurisdiction over nonresidents resulting from the ownership of property within Virginia. AND
To confer personal jurisdiction over nonresidents who have contacts with Virginia.

43
Q

True or False: An extension of the time to file a notice of appeal is not permitted.

A

FALSE.

44
Q

If the subject matter of a counterclaim or cross-claim arises out of the same transaction or occurrence upon which the plaintiff’s claim is based, the statute of limitations with respect to such actions:

A

Is tolled by the filing of the plaintiff’s action.

45
Q

In cases in which fraud, concealment, or intentional misrepresentation prevented discovery within the statutorily specified limitation period of an injury caused by medical malpractice, the time within which to bring a claim is extended by ____ year(s) from the date the injury is discovered, or by the exercise of due diligence, reasonably should have been discovered.

A

One year.

46
Q

An “interlocutory appeal” is:

A

An appeal of a nonfinal order for which an appeal as of right does not exist.

47
Q

Amicus briefs are allowed as a matter of right when filed by:

A

Both the Commonwealth and the United States.

48
Q

No party shall serve upon any other party, at any one time or cumulatively, more than _______ written interrogatories, including all parts and subparts without leave of court for good cause shown.

A

30.

49
Q

If a five-person jury is required, the jury panel begins with at least _____ jurors to allow each side ____ peremptory challenge(s).

A

11 jurors; 3 peremptory challenges.

50
Q

A special grand jury consists of not less than _____ or more than ____ persons.

A

7 and 11.

51
Q

If a seven-person jury is required, the jury panel begins with at least ______ to allow each side _____ peremptory challenge(s).

A

13 jurors; 3 peremptory challenges.

52
Q

May a plaintiff join a claim in tort with one in contract?

A

Yes, provided that the tort claim and the contract claim arise out of the same transaction or occurrence.

53
Q

True or False: A general denial of the entire complaint or plea of the general issue is not permitted.

A

TRUE.

54
Q

If a three-person jury is used, each side selects one juror. Who selects the third juror?

A

The two jurors selected by each side.

Virginia Bar Exam (10 decks)

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