Criminal Law

Question 1

Requirements to complete transfer of title to an asset

Answer 1

Intent, Acceptance, and Delivery of Title

Question 2

Acceptance: Alternatives to Physical Transfer

Answer 2

Acceptance may be assumed by silence or passage of time

Question 3

Requirements for Delivery of Asset/Gift

Answer 3

Delivery is completed either by (1) physically handing the necessary document to the recipient or (2) symbolically.
Transferor’s intent is NEC to determine whether delivery occurred. Even where physical delivery didn’t occur, delivery still made if it’s clear transferor intended for the recipient to receive it.

Question 4

Elements/Requirements for AGENCY

Answer 4

(1) AUTHORIZATION; (2) BENEFIT principal; (3) Principal has CONTROL over Ag’s actions

Question 5

Negotiable Instruments Rule when PAYABLE TO BEARER

Answer 5

Any person in possession may lawfully redeem it.

Question 6

Joint Ownership of Account

Answer 6

Law prefers ownership in COMMON over w/ right of survivorship

Question 7

Creation of Jt Acct w/ Rights of Survivorship

Answer 7

Properly established when instrument that creates the account expressly states it’s created as a joint account w/ right of survivorship as long as:

(1) all account owners create account at the same time, and
(2) in the same instrument

Question 8

How does joint account w/ rights of survivorship pass upon death?

Answer 8

Decedent’s share passes to surviving owner, instead of any testate or intestate takers, as a form of nonprobate transfer.

Question 9

Who gets joint account w/ right of survivorship when decedent also named recipient in will?

Answer 9

Joint account owner takes precedence over testate decedent’s preferences expressed by will. These accounts are not devisable. By operation of law, one joint tenant’s interest passes automatically to the other upon the former’s death.

Question 10

Meaning of “Nonprobate Asset”

Answer 10

Not part of the probate estate and not governed by any will

Question 11

Elements necessary for intervivos gift

Answer 11

(1) Donative intent; (2) delivery; (3) acceptance

Question 12

Donative Intent

Answer 12

Necessitates a present intent to be immediately bound, even if donor maintains possession of the gift for the donor’s lifetime.

Question 13

Valid Delivery of Gift

Answer 13

A gift is validly delivered if the item itself is handed over or if something that represents the item is handed over.

Question 14

Exceptions to 4th Amendment Search Warrant Requirement

Answer 14

(1) Stop & frisk based on reasonable suspicion
(2) Contraband in plain view (criminality must be apparent)
(3) Exigent Circumstances (to save lives, follow suspect into house, etc.) where no time to get warrant
(4) Search incident to arrest
(5) Search for inventory at time of booking

Question 15

Homicide Presumption in Virginia

Answer 15

2nd Degree Murder
Prosecutor has burden to prove 1st degree
D has burden to reduce to voluntary manslaughter

Question 16

What must prosecution show for 1st degree murder?

Answer 16

That killing was (1) premeditated and (2) deliberate

Question 17

What must defendant show to reduce murder to voluntary manslaughter

Answer 17

Crime was in heat of passion.

Question 18

Heat of Passion elements

Answer 18

D was (1) adequately provoked and (2) no time to cool down

Question 19

Voluntary Manslaughter

Answer 19

Intention killing but (1) w/o malice and (2) in heat of passion as result of provocation. D can’t have time to cool off.

Question 20

When may officer arrest suspect w/o warrant

Answer 20

(1) misdemeanor in presence of officer, or

(2) PC that D committed felony

Question 21

Plain View Doctrine

Answer 21

If police are legally in area w/ warrant or under 4th Amendment exception, they may seize E/contraband in PLAIN VIEW.

Question 22

Choice of Law in Federal Courts

Answer 22

applies choice of law rules of the state which it sits. VA follows “vested rights”

Question 23

Vested Rights approach (Gen’l Rule)

Answer 23

Absent a provision in a K specifying governing law, matters of contract formation are governed by place where K was executed/formed/accepted.

BUT, see Br of K cases

Question 24

Place of the making of a K

Answer 24

Location where the last act took place to render K enforceable

Question 25

Subject Matter Jurisdiction

Answer 25

Federal Q or Diversity of Citizenship

Question 26

SMJ - Diversity of Citizenship

Answer 26

All plaintiffs diverse from all defendants AND > $75k

Question 27

How to define citizenship of corporations

Answer 27

(1) State of incorporation or (2) principal place of business

Question 28

SMJ Dollar Amount Determination

Answer 28

Determined by FACE OF COMPLAINT (don't include counterclaims) 1 P can aggregate all claims against 1 D

Question 29

Waiveability of SMJ (and when to raise)

Answer 29

CAN BE RAISED AT ANY TIME, even on appeal.

Question 30

Can parties waive SMJ?

Answer 30

No, never.

Question 31

When can D NOT remove case?

Answer 31

When a resident of the state court where case brought (assuming diversity or fed'l Q) Applies to ANY D

Question 32

Vested Rights approach (Br of K)

Answer 32

Forum state applies law where K was executed, unless K FOR PERFORMANCE. Then, apply law of state WHERE K WAS PERFORMED.

Question 33

What types of jurisdiction must courts have?

Answer 33

(1) Personal and (2) Subject Matter

Question 34

Types of cases for ORIGINAL JURISDICTION FOR VA S. CT.

Answer 34

Habeas Corpus Mandamus (ordering an office holder to perform their duty) Prohibition (ordering action stopped in lower ct) Actual Innocence (Based on results of scientific testing of human biological matter)

Question 35

Breast of the Court Rule

Answer 35

after entry of final judgment, court can suspend, vacate or modify its ruling w/i 21 DAY PERIOD after that, court loses all jurisdiction

Question 36

Number of voir dire strikes given to each side in CIVIL CASE

Answer 36

3

Question 37

Can race or gender play part in voir dire strikes?

Answer 37

No, for court is a gov't body and shall not discriminate on race/gender

Question 38

When should juror be struck for cause?

Answer 38

1. Family Member of party | 2. Has PECUNIARY INTEREST in outcome

Question 39

Dillon's Rule

Answer 39

Localities only have those powers that are: 1. expressly granted by General Assembly, 2. necessary or fairly implied by the powers expressly granted; OR 3. essential and indispensable This is a rule of strict construction, so if there's any doubt as to whether the local gov't has been given specific power by the Gen'l Assembly, the local gov't doesn't have that power.

Question 40

Diversity Jurisdiction

Answer 40

Parties are completely diverse and amount in controversy is greater than $75k. Complete diversity means no P is citizen of same state as any D. Corporations have dual citizenship. 1. State of incorporation. 2. Principal place of business. PPB determined by "nerve center test," where high level officers direct and control activities of the corp. **Doesn't mean THAT ALL PARTIES ARE DIVERSE (2 D's could be from same state)

Question 41

Principal Place of Business (Diversity Jurisdiction of Corp)

Answer 41

NERVE CENTER TEST: PPB is location from which the high-level corporate officers direct and control the activities of the corporation.

Question 42

Virginia Appeals

Answer 42

Appeals in both criminal and civil are 1. By right (not by petition) to Va Ct of Appeals 2. Virtually all go 1st to Va Ct of Appeals by right. Losing party may then PETITION Va. Supreme Ct to review Ct. of Appeals decision.

Question 43

VA Appeals of Right

Answer 43

1. Final decision of circuit court in a civil matter. 2. Final decision of a circuit court on appeal from an admin agency. 3. Final decision of a circuit court on appeal from a grievance hearing decision issued pursuant to Code sec. 2.2-3005. 4. Final decision of the Worker's Compensation Comm'n. 5. Final j'ment, order or decree of a circuit court involving: (a) application for a concealed weapons permit, (b) involuntary treatment of prisoners, (c) declaratory or injunctive relief. 6. Interlocutory decree or order 7. Final conviction in a circuit court of a traffic infraction or a crime 8. Appeal of a Partial Final J'ment in circuit court.

Question 44

VA Appeals by Petition

Answer 44

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.

Question 45

Who has standing to sue for misuse of common elements?

Answer 45

Only the unit association has standing to sue for misuse of common elements within the association (NOT ind'l owners) Has to be over the misuse of common areas

Question 46

Adverse Possession Elements

Answer 46

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