Feb '24 Flashcards
When will arrearages be assessed?
Arrearages will be assessed for court ordered awards, or for contractual obligations, or as the parties have agreed
and reduced to writing, when the payor has not paid support accordingly.
When may child support be modified?
Child support may be modified based on the best interests of the child and a showing of a material change of
circumstances
When is contempt of court appropriate, and what may stop it?
Contempt of court is appropriate to enforce a direct court order. VA Code 16.1-292. It generally allows for fines
and incarceration as the court deems appropriate when a wilful disregard has been shown for the authority of the court. It
is generally considered a punitive remedy useful for the court to assert its authority
- good faith, oral agreement, etc.
Doctrine of mutual mistake
Under the doctrine of mutual mistake, a court may give
relief where there has been an innocent omission or insertion of a material stipulation, contrary to the intention of both
parties
Ownership without a recorded deed?
In order for a deed to be valid, it must: (1) meet certain formalities; (2) be delivered by the grantor; and (3) be accepted by
the grantee. Delivery can occur by various methods, including manual delivery. Failure to record the deed, however, does
not invalidate it. Once delivery occurs, title passes to the grantee.
Is a zoning ordinance an encumbrance?
No - a lawfully adopted zoning ordinance is not an “encumbrance,” tenancy, or lien on the land
When is a principal liable for a contract?
A principal is liable on an instrument signed by an agent or agents. If the agent is authorized, the principal is liable whether
the agent signed the principal’s name, the agent’s name, or a combination thereof.
Accommodation Party
An accommodation party is a type of surety, or one who guarantees the
debt of another. In order to be an accommodation party, a person cannot have received a direct benefit from the instrument. Further, a cosigner is presumed to be an accommodation party. An
accommodation party is liable on the instrument
Surety
A surety, who makes payment on a loan on the behalf of a principal is entitled to all of the rights and remedies of a
creditor.
Alteration of check
An alteration is an unauthorized change that purports to modify the obligation of a party. An alteration can modify a
completed instrument or an incomplete instrument. If the alteration is done fraudulently by the holder, it
would discharge the liability of the obligor. If the alteration is not done fraudulently, the obligor would remain liable but
only on the original terms of the obligation.
Priority of terms on negotiable instrument
In Virginia , the hierarchy of terms is viewed as handwritten,
typewritten, printed, and words prevail over numbers.
Forgery on a check
In the case that
the maker’s signature does not appear on the note, the maker would not generally be liable for such obligation. Ratification by conduct would make it so that the maker would not be able to deny the forgery.
Further, in the case that the maker is determined have acted negligently to contribute to the forgery or fraudulent
indorsement, the maker would also be precluded from denying the validity of the indorsement.
Forged signature reporting
There is a duty for reasonable care and a forged signature must be reported to the bank within one year of the creation of
the instrument (or issuance of statement)
enforceability of security interest
A security interest becomes enforceable when such interest attaches to collateral. Attachment occurs when there has been value from the creditor, the debtor pledges rights to the collateral, the necessary
terms are indicated in a security agreement, and such agreement satisfies the statute of frauds.
Accommodation party recovery
An accommodation party is liable for an instrument if: (i) the person entitled to enforce the instrument has reduced
his claim to judgment against the other party and execution is returned unsatisfied, (ii) the other party has become
insolvent, (iii) the other party cannot be served with process, or (iv) it appears useless to proceed against the other party.
when is a copy of a contract admissable
allows copies of original documents to be admitted where they are authenticated. In order for the copy to be admissible,
the best evidence rule would require evidence that the original was not lost or not available. Furthermore, for exception (d)
to apply there must be evidence that the copy was made in the regular course of business, and that the person proffering it
was the custodian of the record or there was a certificate that the custodian had custody of the original.
judicial notice of signature
. Rule 2:201 states
that a court may take judicial notice of a factual matter not subject to reasonable dispute in that it is either (1) common
knowledge or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be
questioned. Court’s may take judicial notice of governors or judicial signatures affixed to official documents. Judges also
may not serve as witnesses in cases over which they preside.
judicial notice of state law
Rule 2:202 allows judges to take judicial notice
of the laws of other states whether specially pleaded or not and that in
Summaries
Rule 2:1006 allows for summaries to be
admitted when the contents of a voluminous writing cannot be adequately examined in court, but the summary be made available to the other parties for examination at a reasonable time and place.
And the court may order that they be produced in court
Privacy in a hotel room?
People and places are protected under the Fourth Amendment from unreasonable searches and seizures, and
entry into a dwelling without a search warrant is presumptively unreasonable. That the search took place in a motel room
does not negate that presumption because the motel room serves as the occupant’s home once rented.
Exigent circumstances that allow for improper search
The prosecution will argue that no search warrant was necessary because the entry into the motel room was supported by probable cause, officer safety, and exigent circumstances. the Supreme Court has held that consent or exigent
circumstances, such as the imminent destruction of evidence or the need to render aid, allows entry into the home
when does a separate document validly become part of the will to deal with bequests
A bequest through an unattested document is valid if it meets the requirements to be incorporated into a will by
reference. Va. Code § 64.2-400 provides that, “If a will refers to a written statement or list to dispose of items of tangible
personal property not otherwise specifically bequeathed, the statement or list shall be given effect to the extent that it
describes items of tangible personal property and their intended recipients with reasonable certainty and is signed by the
testator although it does not satisfy the requirements for a will.”
The written statement or list may be (i) referred to as one that is in existence at the time of the testator’s death, (ii)
prepared before or after the execution of the will, (iii) altered by the testator at any time, and (iv) a writing that has no
significance apart from its effect on the dispositions made by the will.
standard of care for unknown trespassers
for unknown trespassers, the law imposes no duty of care with regard to
dangerous conditions on the premises though the landowner must refrain from inflicting intentional or wilful harm. Once a
trespasser becomes known to the landowner, a minimal duty arises to warn of or make safe artificial conditions that are
highly dangerous and concealed if these conditions are known to the land possessor in advance
tortfeasor contributions
In Virginia, contribution among tortfeasors is allowed under the Virginia Code when negligence is the cause of
harm without involving moral turpitude. However, a crucial requirement is that the party from whom contribution is sought
must have been liable to the plaintiff, meaning the injured party could have recovered against the contribution
defendant. Furthermore, the Virginia Code contains a statute of repose providing that no action to recover for any injury
arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution for
damages sustained as a result of such injury, shall be brought against any person performing or furnishing the design or
construction of such improvement to real property more than five years after the performance or furnishing of such
services and construction.
