June 2025 - Week 1

Question 1

Transfer on Death Deed

Answer 1

Under Virginia law, an individual may transfer property to be effective at the transferor’s death by a “Transfer on Death Deed” which (1) states that the transfer to the designated beneficiary is to occur at the transferor’s death, and (2) is recorded prior to the transferor’s death. The transferor has the power to revoke prior to his death.

Question 2

Gift List

Answer 2

Under Virginia law, a will may incorporate a separate written statement or list to dispose of tangible personal property that is not otherwise specifically bequeathed if the list identifies the items and recipients with reasonable certainty and is signed by the testator.

Question 3

Effect of Adoption (Inheritance)

Answer 3

Adoption terminates a child’s rights to inherit from their birth parents. An adopted child takes solely from the adopting parents, not from the adopted child’s birth parents.

Question 4

Implied Easement (Bounded by a Road)

Answer 4

The Supreme Court of Virginia has held that where a grantor conveys land by deed describing the property as “bounded by a road” owned by the grantor, the grantor implies that such way exists and that the grantee acquires the benefit of it.

Question 5

Statutory Immunity

Answer 5

In Virginia, localities have statutory immunity from simple negligence in operation of parks, playgrounds, beaches, pools and other recreational areas for the use and enjoyment of the public. They are not, however, immune from suit based on gross negligence.

Question 6

Gross Negligence Standard

Answer 6

Gross negligence requires a showing of reckless disregard for an unreasonably high risk. The Supreme Court of Virginia has also held that gross negligence can be proved by the combination of several acts of simple negligence.

Question 7

Motion to Strike Evidence

Answer 7

A motion to strike the evidence should be granted when the nonmoving party has been fully heard, there are no disputes of material fact, and a reasonable jury would not find for the nonmoving party.

Question 8

Locality Duty of Care

Answer 8

In Virginia, a city has a duty to keep its property in reasonably safe condition for persons who use ordinary care and prudence.

Question 9

Notice of Defect

Answer 9

In Virginia, a locality must have actual or constructive notice of a defect on public property in time to have it remedied before liability attaches.

Question 10

Excited Utterance

Answer 10

Under the “excited utterance” exception to hearsay, a declarant’s out-of-court statement is excluded from the rule against hearsay if (1) it relates to an startling or stressful event and (2) it is made while the declarant is under the stress of the startling or stressful event, and without time to reflect.

Question 11

Authentication (General Rule)

Answer 11

Before a writing or any secondary evidence of its content may be received in evidence, the writing must be authenticated by proof showing that the writing is what the proponent claims it is.

Question 12

Authentication (Methods)

Answer 12

Authentication may be proved by witness testimony, expert testimony, jury comparison, and circumstantial evidence.

Question 13

Authentication (Photo/Video)

Answer 13

Generally, to authenticate a video or photograph, it must be identified by a witness as a portrayal of facts relevant to the issue and verified by the witness as an accurate representation of those facts.

Question 14

Hearsay “Statement”

Answer 14

A “statement” for the purposes of hearsay need not be a verbal statement; it can be nonverbal conduct that is intended as an assertion.

Question 15

Revival (Wills)

Answer 15

Virginia law provides that a revival must be executed according to the same formalities for executing a will. It can be holographic.

Question 16

Joint Tenancy (Virginia)

Answer 16

Virginia has abolished the default right to survivorship for joint tenancies by statute and instead joint tenants only have the right to survivorship if the right is expressly granted in the conveyance.

Question 17

Life Estate

Answer 17

A life estate is a present possessory interest in real property. When the interest ends, the land either goes back to the grantor (reversion) or to a third party (remainder).

Question 18

Possibility of Reverter

Answer 18

A fee simple determinable terminates upon the happening of a stated event and automatically reverts to the grantor.

Question 19

Vested Remainer

Answer 19

A vested remainder is a future interest in property that is guaranteed to become possessory at a future date, not subject to any condition precedent.

Question 20

Cruelty (Divorce)

Answer 20

Cruelty is generally understood in Virginia law to include both physical harm and emotional (mental) harm.

Question 21

Defense of Condonation

Answer 21

Condonation is an affirmative defense to a fault-based divorce which occurs where the innocent spouse acts to forgive an offending spouse. The defense is defeated if, after resumption of the marital relationship, the offending spouse commits the same or different marital offense.

Question 22

Custody and Visitation Determinations

Answer 22

Virginia law permits courts to make a custody or visitation determination in connection with a divorce decree.

Question 23

Best Interests of the Child

Answer 23

In custody and visitation determinations, Virginia courts will consider the “best interests of the child” factors set forth in the Virginia code, including, inter alia, (1) the age and physical/mental conditions of the child, (2) the age and physical/mental conditions of the parents, (3) the relationship between the child and each parent, (4) the parents willingness and demonstrated ability to participate in the child’s life, (5) the propensity of each parent to actively support the child’s contact and relationship with the other parent, (6) the reasonable preferences of the child, (6) any child/family abuse in the home.

Question 24

Spousal Support (General Rule)

Answer 24

Virginia courts are permitted to grant spousal support in connection with a divorce decree.

Question 25

Spousal Support (Factors)

Answer 25

In determining whether spousal support is necessary and, if so, the nature, amount, and duration, Virginia courts will consider (1) the financial resources and needs of each parent, (2) the duration of the marriage, (3) the age and physical and mental conditions of each parent, and (4) the contributions each parent made to the well-being of the family. Some marital offenses will (adultery) or may (cruelty, desertion, etc.) bar a spousal support award.

Question 26

Separate Property

Answer 26

In Virginia, separate property is (1) all property acquired prior to the date of marriage, (2) any gift or inheritance received by one spouse in their sole name during the marriage, (3) property acquired after separation.

Question 27

Marital Property

Answer 27

Marital property is anything else that comes into the marital unit during the marriage, including income from work. Under Virginia law, any appreciation to separate property during marriage due to effort of either spouse is treated as a marital asset.

Question 28

Temporary Injunction

Answer 28

Virginia law provides that every circuit court has jurisdiction to award injunctions. In determining whether to grant a temporary injunction, the circuit court should consider (1) whether it would preserve the status quo and avoid irreparable harm, (2) whether there is an adequate remedy at law, (3) the plaintiff's likelihood of winning on the merits, and, ultimately, (4) whether the balance of equities favors the plaintiff.

Question 29

Temporary Injunction (Bonds)

Answer 29

Under Virginia law, if the court decides to grant a temporary injunction, prior to entering the order, the judge will require the plaintiff to furnish a bond in a sufficient amount to cover, if the defendant wins on the merits, the defendant's damages suffered as a result of the injunction.

Question 30

VRPC 1.8(h) Limitation of Malpractice Claims

Answer 30

Rule 1.8(h) prohibits a lawyer from making an agreement prospectively limiting the lawyer's liability to a client for malpractice, unless the lawyer is an employee of the client and the client is independently represented in making the agreement.

Question 31

VRPC 1.1 Competency

Answer 31

Rule 1.1 provides that a lawyer shall provide competent representation to a client, considering the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. The comments suggest that, even in a wholly novel field, competence can be satisfied through necessary study or associating with a lawyer competent in the field.

Question 32

VRPC 1.5 Fees

Answer 32

Rule 1.5 generally requires that a lawyer's fees must be reasonable according to eight factor, including the fee customarily charged in the locality for similar legal services and the lawyer's experience, reputation, and ability.

Question 33

VRPC 1.5 Fees (Contingent)

Answer 33

Rule 1.5(c) provides that contingent fees must be in writing and state (1) the method the fee is to be determined, (2) the expenses to be deduced from the recovery, and (3) whether such expenses are deducted before or after the contingent fee is calculated.

Question 34

VRPC Sexual Relationshps

Answer 34

The Virginia Rules of Professional Conduct do not expressly prohibit a lawyer from beginning a sexual relationship with a client, even after the attorney-client relationship commences.

Question 35

VRPC Disputed Fees

Answer 35

The Virginia Rules of Professional Conduct provide that when the lawyer and client disagree as over a fee that the lawyer will be paying from funds in the lawyer's client trust account, the lawyer should promptly disburse to the client the undisputed portion of the funds and keep the disputed portion of the funds in the trust account. The lawyer may also disburse an undisputed amount to her general business account.

Question 36

Late Pleadings

Answer 36

A court may grant leave to a defendant who is in default to file late pleadings for "good cause," considering the reason the defendant is late in appearing, any prejudice to the opposing party, good faith of the moving party, existence of a substantial defense, and promptness of the moving party.

Question 37

Defendant in Default (Damages)

Answer 37

Virginia rules permit a defendant in default to participate in a hearing regarding damages and to (1) object to the plaintiff's evidence regarding damages, (2) offer evidence regarding quantum of damages, (3) participate in jury selection if a jury will hear the damages inquiry, (4) submit proposed jury instructions regarding damages, and (5) make oral arguments on the issue of damages. The defendant may not, however, offer any proof or argument on the issue of liability.

Question 38

Defendant in Default (Contributory Negligence)

Answer 38

Virginia courts have ruled that where a defendant is in default, he admits liability to the plaintiff and is not permitted to rely on contributory negligence to bar recovery.

Question 39

Authority of Governing Body

Answer 39

Virginia law provides that a governing body may exercise the powers that are conferred upon it at any meeting in which a quorum of the governing body is present.

Question 40

Adoption of Ordinances and Resolutions

Answer 40

Virginia law provides that ordinances and resolutions may be adopted by a majority of the local governing body who are present and voting at a lawful meeting. There is no authority that authorizes a local governing body to take such action in writing in lieu of voting at a lawful meeting.V

Question 41

Virginia Freedom of Information Act

Answer 41

Under VFOIA, all public records involving the transaction of public business shall be open to inspection and copying by any citizen of Virginia, unless a specific exemption from disclosure applies.

Question 42

VFOIA Exemptions

Answer 42

Some VFOIA exemptions include (1) records containing personnel information concerning identifiable individuals (2) account numbers or routing information for any credit card, debit card, or other account with a financial institution of any person or public body, (3) records containing proprietary information or trade secrets, (4) reports prepared in anticipation of litigation, (5) records related to a matter that is properly the subject of a closed meeting, and (6) and certain records the disclosure of which could jeopardize public safety.

Question 43

VFOIA "Public Record"

Answer 43

A "public record" includes any writings and recordings prepared by, owned by, or in the possession of a public body or its officer, employees, or agents in the transaction of public business.

Question 44

General Warranty Deed

Answer 44

With a general warranty deed, the grantor covenants against title defects that either he, or his predecessors, created.

Question 45

Covenant of Right to Convey

Answer 45

The covenant of right to convey means that grantor has the interest that he purported to convey.

Question 46

Covenant of Quiet Possession

Answer 46

The covenant of quiet possession covenants that the grantee can peaceably and quietly hold and possess the property without demand or claim to the property by a third party.

Question 47

Covenant of Further Assurances

Answer 47

The covenant of further assurances is a covenant to execute deeds and otherwise take action to perfect title if necessary.

Question 48

Covenant of No Encumbrances

Answer 48

The covenant of no encumbrances covenants that there are no encumbrances against title or interest in the property.

Question 49

Contra Proferendum

Answer 49

In Virginia, contractual ambiguities are construed contra proferendum, meaning that the contract is construed against the party who drafted the contract.

Question 50

Repossession (Security Interest)

Answer 50

Under Virginia law, a secured party may take possession of the collateral when the debtor is in default. The secured party may do so without judicial process if it proceeds without breaching the peace.

Question 51

Disposition and Notice (Security Interest)

Answer 51

Under Virginia law, a secured party may sell, lease, license, or otherwise dispose of collateral after repossession; provided that, the secured party gives the debtor a reasonable, signed notice of disposition.

Question 52

Disposition of Collateral (Damages)

Answer 52

In the event a secured party fails to comply with the notice requirement, the secured party is liable for damages in the amount of any loss caused by its failure to comply, including loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing.

Question 53

Implied Warranty of Fitness for a Particular Purpose (Leases)

Answer 53

In Virginia, the implied warranty of fitness for a particular purpose applies to leases as well as goods. It applies when the lessor knows, or has reason to know, of a particular purpose for which the goods are required, and the lessee is relying on the seller's skill and judgment in selecting the goods.

Question 54

Implied Warranty of Merchantability

Answer 54

The implied warranty of merchantability guarantees that the goods sold will be of average quality and fit for its ordinary purpose. This warranty applies only when the seller is a merchant with respect to goods of that kind.

Question 55

Merchant

Answer 55

A merchant is one who regularly deals with goods of the kind or otherwise holds himself out as having knowledge or skill peculiar to the goods involved.

Question 56

Disclaimer of Warranties

Answer 56

Under Virginia law, unless the circumstances indicate otherwise, all implied warranties are excluded from a contract by expressions like "AS IS," "WITH ALL FAULTS," or other conspicuous language that in common understanding calls the lessee's attention to the exclusion of warranties.

Question 57

Fraudulent Conveyance (Spousal Presumption)

Answer 57

Transfers between an indebted husband and his wife are presumed to be fraudulent and are voidable at the suit of existing or future creditors. The presumption may be rebutted by showing that the wife gave consideration or that the transfer was a bona fide gift.

Question 58

Tenancy by the Entirety

Answer 58

In Virginia, property held as tenants by the entirety can only be used to satisfy joint debts of the husband and the wife. Generally, an individual spouse's debt cannot be enforced against property held as tenancy by the entirety or against the other spouse's assets.

Question 59

Declaratory Judgment

Answer 59

A declaratory judgment is an action designed to permit one to have a judicial determination of his rights and/or responsibilities before he has suffered any injury or done a wrong to another. There must be more than a mere disagreement; the dispute must be at the brink of the creation of a cause of action. Virginia courts have held that a declaratory judgment should not be used when alternative remedies are available.

Question 60

Unlawful Detainer

Answer 60

An unlawful detainer is a law claim that tries solely the right to possession of real estate, not who holds title. The action is typically used to recover possession from either (1) a defendant who unlawfully gained possession, or (2) a defendant who had lawful possession but lost that right (e.g., defaulting on a lease).

Question 61

Bill to Quiet Title

Answer 61

A bill to quiet title is an equitable action employed to have the court determine title to the property.

Question 62

Ejectment

Answer 62

Ejectment is an action at law for trying title to land. The plaintiff must recover on the strength of her own title, not on the lack of title in the defendant.

Question 63

Equitable Remedies vs. Remedies at Law

Answer 63

When there is an adequate law remedy, then equitable remedies are generally not available.

Question 64

Omitted Children (Wills)

Answer 64

Under Virginia law, if a testator executes a will when the testator has no children, a child born or adopted after the execution of the testator's will, or any descendant of his, who is neither provided for nor mentioned in the will is entitled to such a portion of the testator's estate as he would have been entitled to had the testator died intestate.

Question 65

Omitted Children (Reversion)

Answer 65

Under Virginia statute for "omitted children," if the omitted child dies unmarried and without issue, and before reaching the age of 18, his portion of the estate reverts to the person to whom it was given by will.

Question 66

Guardian of the Estate (Minor Receiving Property)

Answer 66

Under Virginia law, a minor may not receive devised property outright, in their own name. When minor children are the outright beneficiaries of assets, then the court must appoint a guardian of the estate of the minor.

Question 67

Guardian of the Estate (Duties)

Answer 67

The guardian of the estate must (1) post bond, unless the will waives doing so, (2) provide a list of heirs at the time of qualification, (3) file an inventory within four months of appointment, and (4) file an accounting within 16 months of qualification and annually thereafter.

Question 68

Governmental Function

Answer 68

A governmental function is one inherent in the executive or legislative powers of the government, such as by acting exclusively for the public welfare.

Question 69

Proprietary Function

Answer 69

A proprietary function involves the city's exercise of power primarily for its own benefit.