June 2025 - Week 2

Question 1

Search Incident to Lawful Arrest

Answer 1

Contemporaneous with a lawful arrest, a police officer may conduct a warrantless search of the suspect’s person so long as it is made with probable cause. The police may search the person and any area into which he might reach to obtain weapons or destroy evidence.

Question 2

Inventory Search

Answer 2

The police may conduct a warrantless search of an impounded car in accordance with the police department’s standard operating procedures.

Question 3

Search of Cell Phone & Cell Phone Contents

Answer 3

The Supreme Court of the United States has held that a person has a reasonable expectation of privacy in the contents of their cell phone. However, a police officer may inspect the physical attributes of a seized cell phone to ensure that the arrestee does not have dangerous materials.

Question 4

Possession With Intent to Distribute

Answer 4

Under Virginia law, to prove possession of a controlled substance with intent to distribute, the prosecution must show that (1) the defendant manufactured, sold, gave, distributed or possessed a controlled substance, (2) with the intent to manufacture, sell, give, or distribute the controlled substance. Intent to distribute can be shown by direct evidence (such as an admission) or circumstantial evidence (such as packaging, substantial amounts of cash, and digital scales).

Question 5

Child Support (General Rule)

Answer 5

In Virginia, the law generally requires fathers to pay child support until a child reaches the age of 18 or graduates high school.

Question 6

Paternity

Answer 6

Under Virginia law, paternity can be established by scientifically valid tests, voluntary written statements by the father and mother made under oath, or proof of a lawful adoption.

Question 7

Paternity Presumption

Answer 7

In Virginia, if a couple is married at the time of a child’s birth, there is a legal presumption that the husband is the father.

Question 8

Divorce JDX and Venue

Answer 8

In Virginia, the circuit courts have subject matter jurisdiction to hear divorce cases. Generally, the circuit court with jurisdiction is the court in the county where the husband and wife last cohabitated, or the circuit court where the non-filing spouse lives.

Question 9

Perfect Tender Rule

Answer 9

Article 2 follows the “perfect tender rule,” meaning that if goods or their delivery fail to conform to the contract in any way, the buyer may reject all, accept all, or accept any commercial units and reject the rest.

Question 10

UCC Notification of Revocation

Answer 10

Under the UCC, the buyer must give the seller notice of revocation within a reasonable time after the buyer discovers or should have discovered the defects.

Question 11

UCC Bailee-Status (Revocation)

Answer 11

After giving notice of revocation, the buyer holds the goods as a bailee for the seller and the buyer cannot continue to use them as their own and still have the benefit of rescission.

Question 12

UCC Warranty Damages

Answer 12

When a buyer accepts goods that breach one of the seller’s warranties, the buyer may recover the difference between the value of the goods as delivered and the value they would have had if they had been according to the contract, plus incidental and consequential damages.

Question 13

Incidental Damages

Answer 13

Incidental damages are those costs that a buyer incurs as a reasonable expense related to the breach, including caring for the rejected goods.

Question 14

Consequential Damages

Answer 14

Consequential damages (usually lost profits) may be recovered only if at the time the contract was made, a reasonable person would have foreseen the damages as a probable result of the breach.

Question 15

Manufacturer Liability (Warranties)

Answer 15

A manufacturer is also liable for a breach of an implied warranty of merchantability, as long as the plaintiff was a person the manufacturer or sell might reasonably have expected to use, consume, or be affected by the goods.

Question 16

Cover Damages

Answer 16

The UCC permits a buyer to recover “cover damages,” which is the cost of buying replacement goods.

Question 17

Market Damages

Answer 17

The UCC permits a buyer to recover market damages, which is the difference between the contract price and the market place.

Question 18

Punitive Damages

Answer 18

Punitive damages are generally not recoverable under the UCC unless the conduct of the seller or manufacturer was fraudulent, malicious, or willful.

Question 19

Negligence Per SE

Answer 19

To establish a claim based on negligence per se, the plaintiff must (1) prove that the defendant violated a statute that was enacted for public safety, (2) establish that he belongs to the class of persons for whose benefit the statute was enacted, and (3) prove that the statutory violation was a proximate cause of his injury.

Question 20

Dramshop Act (VA)

Answer 20

Virginia does not have a Dramshop Act and the Supreme Court of Virginia has held that the sale of alcoholic beverages is not the proximate cause of later acts committed by the purchaser.

Question 21

Priority of Security Interests

Answer 21

When two parties with perfected security interests are competing for the same collateral, priority normally goes to the one who was first either (1) to perfect, or (2) to file a valid financing statement.

Question 22

Repossession

Answer 22

Under Virginia law, a secured party is permitted to repossess property upon the debtor’s default.

Question 23

Purchase Money Security Interest

Answer 23

A purchase money security interest is a special type of security interest where a lender provides funds for a debtor purchase goods and the lender then has a claim on those specific goods to secure the loan.

Question 24

PMSI Super Priority

Answer 24

In some circumstances, a PMSI will have priority over other secured parties even if it is not the first to file. Where the collateral is inventory, a PMSI will have super priority if, before handing over possession of the inventory to the debtor, (1) sends a special written notice to other security interest holders, and (2) takes steps to assure that its PMSI will be perfected at the time the debtor receives possession.

Question 25

Automatic Perfection (Consumer Goods)

Answer 25

A PMSI in consumer goods is automatically perfected upon attachment.

Question 26

After-Acquired Property Clause

Answer 26

In Virginia, a security agreement may create or provide for a security interest in after-acquired collateral. However, a security interest does not attach under an after-acquired property clause to consumer goods acquired more than 10 days after the secured party gives value.

Question 27

Buyer in the Ordinary Course of Business Rule

Answer 27

Under Virginia law, a buyer in the ordinary course of business takes property free of a security interest created by the seller, even if the security interest is perfected and the buyer knows of its existence.

Question 28

Buyer in the Ordinance Course of Business (Definition)

Answer 28

A buyer in the ordinance course of business is one who buys in good faith, without knowledge that the sale violates the rights of another person in the goods, and in ordinary course from a person in the business of selling goods of that kind.

Question 29

Debtor (Definition)

Answer 29

A "debtor" includes any person having an interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor.

Question 30

Express Warranty

Answer 30

Any affirmation of fact or promise made by the seller to the buyer or any description of the goods creates an express warranty if the statement or description is part of the basis of the bargain. To be part of the basis of the bargain, it need only come at such a time that the buyer could have relied on it when he entered into the contract.

Question 31

Merchantability Requirements

Answer 31

Some requirements for merchantability include that the goods (1) pass without objection in the trade under the contract description, (2) are fit for the ordinary purpose for which such goods are used, and (3) conform to any promises or affirmations of fact made on the label.

Question 32

UCC Warranties General Disclaimer

Answer 32

Under Virginia law, implied warranties may be disclaimed by expressions like "as is" or "with all faults" or other language that in common understanding calls the buyer's attention to the disclaimer of warranties and makes plain that there are no implied warranties. When the disclaimer is in writing, it must be conspicuous.

Question 33

Merchantability Disclaimer

Answer 33

In Virginia, to disclaim the implied warranty of merchantability, the seller must use the word "merchantability."

Question 34

UCC Examination Requirement

Answer 34

When a buyer, before entering into a contract, has examined goods or has refused to examine them, there is no warranty as to defects that a reasonable examination would have revealed.

Question 35

Demurrer (General Rule)

Answer 35

In Virginia, a demurrer tests the legal sufficiency of the complaint.

Question 36

Demurrer (Timing)

Answer 36

The moving party must file a demurrer in writing within 21 days of service of process, unless the trial court grants leave for additional time.

Question 37

Demurrer (Substance)

Answer 37

The demurrer must state the specific grounds (not merely failure to plead a cause of action).

Question 38

Demurrer (Standard of Review)

Answer 38

In determining whether a demurrer is proper, the court takes all facts set forth in the complaint as true.

Question 39

Bigamous Marriage

Answer 39

Under Virginia law, bigamous marriages are void ab initio.

Question 40

Tenancy by the Entirety

Answer 40

A tenancy by the entirety is a martial estate akin to a joint tenancy. It can be created only between married partners. In Virginia, the grant must indicate that it is for a tenancy by the entirety or that a right of survivorship is intended.

Question 41

VRPC 4.1 Candor to Tribunal

Answer 41

Under VRPC 4.1, in the course of representing a client, a lawyer shall not knowingly fail to disclose a fact when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client. The comments suggest that this rule applies when the lawyer knows of the falsity of testimony elicited from the client during a deposition and that the lawyer must take reasonable remedial measures.

Question 42

VRPC 4.2 Represented Parties

Answer 42

VRPC 4.2 provides that a lawyer shall not communicate about the subject matter of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has consent of the other lawyer or is authorized to do so. This applies to current employees of an organization in the matter, but does not apply to former employees.

Question 43

VRPC 4.3 Unrepresented Parties

Answer 43

VRPC 4.3 provides that a lawyer may communicate with a person who is not represented by counsel, but may not state or imply that the lawyer is disinterested.

Question 44

VRPC 1.2 Settlement Offers

Answer 44

Under VRPC 1.2, a lawyer must abide by a client's decisions concerning the objectives of representation and shall abide by a client's decision as to whether to accept a settlement offer.

Question 45

VRPC 1.4 Informing Clients

Answer 45

Under VRPC 1.4, a lawyer has a duty to keep a client reasonably informed about the status of a matter, including informing the client of facts pertinent to the matter and communications from another party that may significantly affect settlement or resolution of the matter.

Question 46

Appellate JDX of Civil Matter

Answer 46

According to the Code of Virginia, an aggrieved party may appeal to the Court of Appeals on most final judgments, orders, and decrees of a circuit court in a civil matter.

Question 47

Motion for Summary Judgment (General Rule)

Answer 47

A motion for summary judgment should be granted when there are no genuine disputes of material fact and the moving party is entitled to judgment as a matter of law.

Question 48

MSJ (Basis of Ruling)

Answer 48

In ruling on a motion for summary judgment, the court may look at the pleadings, interrogatories, and witness testimony that has been given. The court may not, however, rely on depositions as the basis for awarding summary judgment unless all parties agree to the use of the depositions for this purpose.

Question 49

Preserving Issues for Appeal

Answer 49

To preserve an objection for appeal, the moving party need only make a timely objection and state the grounds for the objection at the time of the Court's ruling.

Question 50

VFOIA Requirements for Public Meetings

Answer 50

The Virginia Freedom of Information Act requires that public bodies shall (1) have all meeting open to the public, unless a specific exemption for closed meetings applies, (2) give notice of the date, time, and location of its meetings, (3) allow their meetings to be filmed, and (4) keep proper minutes of their meetings.

Question 51

VFOIA "Meetings"

Answer 51

VFOIA defines a "meeting" to include an informal assemblage of (1) as many as three members, or (2) a quorum, if less than three, of the constituent membership of a public body, wherever held, with or without minutes being taken, and whether or not votes are cast.

Question 52

VFOIA "Public Body"

Answer 52

VFOIA defines a "public body" to include any legislative body, authority, board, bureau, commission, district, or agency of the Commonwealth or any political subdivision of the Commonwealth.

Question 53

VFOIA Construction

Answer 53

VFOIA instructs that its openness provisions should be construed liberally and any exemption from public access be narrowly construed.

Question 54

VFOIA Response to Public Record Request

Answer 54

Upon a request for a public record, the public body must, within five working days, provide the requested records, or provide one of the following responses: (1) the requested records are being entirety withheld, (2) the requested records are being provided in part and being withheld in part, (3) the requested records could not be found or do not exist, or (4) it is not practically possible to provide the requested records or to determine whether they are available within the five working day period.

Question 55

Mayoral Power

Answer 55

The Virginia Code provides that a chairman or mayor is the head of the local government for all official functions and ceremonial purposes, and shall have a vote, but shall not have veto power.

Question 56

Selling Public Land (3/4 Rule)

Answer 56

The Virginia Code provides that no rights of a city or town in its waterfront, public landings, docks, streets, parks, bridges, or other public places, or its gas, water, or electric work shall be sold except by an ordinance passed by a recorded affirmative vote of three-fourths of all the members elected to the council.

Question 57

Codicil

Answer 57

A codicil is a later testamentary instrument that amends, alters, or modifies a previously executed will. A codicil must be executed with the same testamentary formalities of a will.

Question 58

Disinterested Witness (Wills)

Answer 58

A disinterested witness is someone who is not a beneficiary under the will.

Question 59

Anti-Lapse Statute (Effect of Nonprotection)

Answer 59

If the beneficiary is not protected by the anti-lapse statute, a non-residuary bequest made to the beneficiary will pass under the residuary clause. If there is no residuary clause, then the estate passes intestate.

Question 60

Equitable Conversion

Answer 60

Under the doctrine of equitable conversion, upon the execution of a land sale contract, equitable title passes to the buyer, unless the contract provides otherwise.

Question 61

Implied Promise of Marketable Title

Answer 61

Every land sale contract contains an implied promise that real property will be delivered with marketable title.

Question 62

Marketable Title

Answer 62

Marketable title is title reasonably free from doubt, such that a reasonably prudent buyer would be willing to accept. It need not be perfect, but must be reasonably free from the threat of litigation.

Question 63

Fraud of the Buyer (SOF Defense)

Answer 63

A party may be estopped from asserting the Statute of Frauds defense if acts done by the buyer in reliance on the contract would result in hardship to such an extent that it would be a fraud on the buyer were the contract not specifically enforced.

Question 64

Marketable Title (Notice)

Answer 64

If a buyer determines that seller's title is unmarketable, they must notify the seller and give a reasonable time to cure the defects.

Question 65

Marketable Title (Remedies)

Answer 65

If the seller fails to cure the defects, the buyer may rescind, sue for damages, or get specific performance.

Question 66

Merger Doctrine (Deeds)

Answer 66

In the land sale context, if a buyer permits closing to occur, the contract is said to merge with the deed and the seller is no longer liable on the implied covenant of marketability and other promises in the contract.

Question 67

Merger Doctrine (Collateral Matters)

Answer 67

In Virginia, provisions which are collateral to the passage of title are and not covered by the deed are not merged into the deed and survive its execution.

Question 68

Merger Doctrine (Collateral Matter Definition)

Answer 68

An agreement is considered collateral to the passage of title if (1) it is a distinct agreement made in connection with the sale of property, (2) it does not affect the property, (3) it is not addressed in the deed, and (4) it does not conflict with the deed.

Question 69

Mutual Mistake

Answer 69

When both parties entering into a contract are mistaken about existing facts relating to the agreement, the contract may be voidable by the adversely-affected party if (1) the mistake concerns a basic assumption on which the contract is made, (2) the mistake has a material effect on the agreed-upon exchange, and (3) the party seeking avoidance did not assume the risk of mistake.

Question 70

Delivery (Deeds)

Answer 70

Delivery refers to the grantor's intent; it is satisfied by words or conduct evidencing the grantor's intention that the deed have some present operative effect.

Question 71

Covenant of Right to Convey

Answer 71

The covenant of the right to convey is breached at the time of conveyance if the grantor is not the owner of the interest he purports to convey.

Question 72

Covenant for Quiet Enjoyment

Answer 72

The covenant for quiet enjoyment is breached when the grantee is disturbed in his possession or enjoyment of the property by a third party's lawful claim to title.

Question 73

Covenant of Further Assurances

Answer 73

The covenant of further assurances is a promise to perform whatever acts are reasonably necessary to perfect the title conveyed if it turns out to be imperfect.

Question 74

Covenant Against Encumbrances

Answer 74

The covenant against encumbrances is breached if at the time of conveyance the property is encumbered.

Question 75

Mechanic's Lien

Answer 75

In Virginia, a mechanic who repairs personal property at the property owner's request has a lien for his just and reasonable charges and may retain possession of such property until such charges are paid. This is a possessory lien.

Question 76

Sentencing Proceedings

Answer 76

Virginia law provides that, at a sentencing proceeding, the Commonwealth Attorney shall present the defendant's prior criminal history, including prior convictions and the punishments imposed.

Question 77

Appellate JDX for Criminal Matters

Answer 77

The Virginia Court of Appeals has appellate jurisdiction for appeals of traffic and criminal convictions, except when the death sentence is imposed.

Question 78

Uniform Simultaneous Death Act

Answer 78

Under Virginia law, if it is not established by clear and convincing evidence that one of the two co-owners with the right to survivorship survived the other by 120 hours, one-half of the property passes as if one spouse survived by 120 hours and one-half passes as if the other had survived by 120 hours.

Question 79

Per Stirpes

Answer 79

Under Virginia law, per stirpes means that each branch of a family receives an equal share of an estate. If a beneficiary in that branch has predeceased the decedent, that beneficiary's descendants take the deceased beneficiary's share by representation.

Question 80

Exclusive or Limited Remedy

Answer 80

The UCC, as adopted by the Commonwealth, permits parties to agree to provide remedies in addition to, or in substitution for, the remedies provided in the UCC.

Question 81

UCC Remedy Failure of Essential Purpose

Answer 81

Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, the aggrieved party may seek other remedies available under Article 2.

Question 82

UCC Statute of Limitations for Breach

Answer 82

Under Article 2, an action for breach of contract must be commenced within 4 years after the cause of action accrues.