Civ Pro 111-159

Question 1

Maximum amount in controversy for a civil property damage claim to be filed in General District Court

Answer 1

$25,000

Question 2

Maximum amount in controversy for a personal injury / wrongful death claim to be filed in General District Court

Answer 2

$50,000

Question 3

In VA state court, a party must respond to written discovery requests within ___

Answer 3

21 days after service of the request

Question 4

In VA state court, a party must file an answer / responsive pleading within ___

Answer 4

21 days after service of process

Question 5

In VA state court, a party can seek sanctions for spoliation of evidence if:

Answer 5

the other party intentionally / negligently destroyed or failed to preserve relevant evidence

Question 6

To be valid under VA law, a forum selection clause in a contract must be:

Answer 6

clear and unambiguous & its enforcement must not be unreasonable or unjust

Question 7

In VA state court, a demurrer must be filed within ___

Answer 7

21 days after service of the pleading being challenged

Question 8

In VA state court, plaintiff must serve process on a civil defendant within ___

Answer 8

1 year from the date of filing the complaint (otherwise the action may be dismissed without prejudice)

Question 9

Rule re the tolling of the SOL during the pendency of a motion for judgment

Answer 9

SOL is tolled during the pendency of a motion for judgment and the time to file a new action is extended for 30 days after the entry of final judgment on the motion

Question 10

In VA state court, a party can seek relief from a final judgment based on newly discovered evidence within ___

Answer 10

21 days after the judgment was entered

Question 11

In VA state court, must file an answer to an amended complaint within ___

Answer 11

21 days after service of the amended complaint

Question 12

In VA state court, a party can move to strike a pleading if it ___

Answer 12

(1) is insufficient in law, (2) contains redundant, immaterial, impertinent, or scandalous material, or (3) is filed for an improper purpose

Question 13

In VA state court, a valid waiver of service of process must be:

Answer 13

(1) in writing, (2) signed by defendant, and (3) filed with the court

Question 14

GDC has exclusive jx over a claim when:

Answer 14

the amount in controversy is $4,500 or less

Question 15

After granting a motion to reopen, a judge must hear and rule on the reopened case within ___

Answer 15

45 days of the entry of judgment in GDC

Question 16

Type of lawsuits typically on the bar exam that have Category A venue

Answer 16

Divorce, Torts, Wills, actions related to land

Question 17

Where is category B venue appropriate?

Answer 17

(1) where ∆ resides / has PPB / has substantial business activities, (2) where the cause of action happened, or (3) where the resident agent receives process.
Non-resident ∆: venue is where π resides.

Question 18

Can a case be dismissed only for venue if there is a proper forum somewhere in VA?

Answer 18

No

Question 19

How does a party object to venue?

Answer 19

by filing a motion to transfer venue

Question 20

What must a motion to transfer venue include?

Answer 20

(1) why venue is improper, and (2) where venue would be proper

Question 21

When should a motion to transfer venue be filed in GDC?

Answer 21

(by ∆) anytime before the trial begins

Question 22

When can forum selection clauses in contracts not be enforced?

Answer 22

upon a showing of unfairness, unreasonableness, fraud, or unequal bargaining power

Question 23

What is misnomer of a party?

Answer 23

party is incorrectly named in a pleading; corrected by motion and affidavit

Question 24

How is service done in the Circuit Court?

Answer 24

the complaint and summons are served upon the defendant

Question 25

How is service done in the GDC?

Answer 25

a complaint, warrant, or motion for judgment are served

Question 26

if personal service is not available

Answer 26

service can be delivered to a family member over 16 yers old at ∆'s usual place of abode; server must explain the significance

Question 27

How can service of process be made by posting?

Answer 27

post on main entrance of place of abode, mail a copy to ∆, and file a certificate of mailing in the clerk's office

Question 28

Most commonly used Long Arm jx grounds on the Bar Exam

Answer 28

(1) transacts business in VA, (2) contracts to supply services/things in VA, (3) causes tortious injury by an act/omission in VA, and (4) uses a computer / computer network located in VA

Question 29

When is service by publication available?

Answer 29

(1) party is a foreign corporation or nonresident, (2) diligent search did not reveal a location, (3) sheriff unable to serve for 21 days, (4) unknown persons may be interested in the subject matter

Question 30

What is a counterclaim?

Answer 30

a claim made by ∆ against one or more πs

Question 31

What is a crossclaim?

Answer 31

a claim made by ∆ against another ∆

Question 32

What is a third party claim?

Answer 32

typically a claim by ∆ against a third party whom ∆ asserts is / may be liable for all / part of ∆'s claim

Question 33

If seeking damages in a complaint, π must file

Answer 33

an ad damnum clause

Question 34

What are responsive pleadings?

Answer 34

response to another party's aggressive pleadings

Question 35

Most common types of responsive pleadings on the Bar Exam

Answer 35

demurrer, plea in bar, MTD, motion for a bill of particulars, and motion craving oyer

Question 36

Should ∆ file an answer in GDC?

Answer 36

∆ is not required to file an answer in GDC; ∆ can just show up to the trial and defend it

Question 37

What is a demurrer?

Answer 37

a challenge to the sufficiency of an aggressive pleading (bc it doesn't state a cause of action / facts upon which relief can be granted; argues that even if everything in the complaint is true, π is still not entitled to any relief can also challenge the nonjoinder/misjoinder of a cause of action (NOT of a party)

Question 38

What is a motion to strike a pleading?

Answer 38

challenges the sufficiency of a responsive pleading (answer, demurrer, plea at bar)

Question 39

What is a motion for a bill of particulars?

Answer 39

court order compelling a party to elaborate any pleading that does not provide adequate notice of a claim / defense

Question 40

How does ∆ attack service of process?

Answer 40

motion to quash service of process and MTD for failure to serve process

Question 41

Can a ∆ inadvertently waive objection to service of process?

Answer 41

yes, through any conduct related to adjudicating the merits of the case

Question 42

What motion should a ∆ file if he was not served w/the required method of service?

Answer 42

motion to quash process

Question 43

What is a motion craving oyer?

Answer 43

seeks a court order compelling π to produce essential document mentioned in the complaint but not attached

Question 44

If a pleading, motion, or affirmative defense sets up a new matter, what should the other party file?

Answer 44

a reply, within 21 days

Question 45

When must an answer be filed?

Answer 45

within 21 days after service of process or entry of order overruling ∆'s responsive pleading

Question 46

How long Circuit Courts retain jx to consider post-trial motions

Answer 46

21 days after entry of final judgment in Circuit Court

Question 47

Civil appeals from Circuit Court go first to which court?

Answer 47

the Court of Appeals

Question 48

What happens when a party files an appeal in the wrong appellate court

Answer 48

appeal is transferred

Question 49

3 reasons to strike a juror "for cause"

Answer 49

Juror (1) is related to either party of the case, (2) has any interest in the outcome of the case, or (3) has any apparent bias/prejudice to any party

Question 50

To be considered on appeal, errors must be ____

Answer 50

raise by objection in the trial court