Local Govt Law Essay Rules Flashcards
(193 cards)
1
Q
Six-month notice provision
A
There is a special statute that bars liability for counties, cities, and towns in negligence cases unless notice is given to a designated officer (usually municipality’s attorney and/or chief executive) of the locality within six months after the cause of action arises, unless the injury prevents the giving of notice
2
Q
Under the six-month notice provision, the notice must describe
A
The nature of the claim and the date, time, and place where the injury took place
3
Q
The tort liability of a municipality depends on whether it was acting in its
A
Governmental or proprietary capacity when the injury occurred
4
Q
Sovereign immunity attaches if the injury was caused during the performance of its
A
Governmental functions
5
Q
Police and fire protection fall within
A
Governmental functions
6
Q
Any undertaking by a municipality that is intended to promote the general safety or welfare of a community as a whole will be treated like a
A
Governmental function
7
Q
Sovereign immunity does not attach if the alleged injury was caused by the municipality’s performance of
A
A proprietary function
8
Q
Unlike a fire hydrant, which is a governmental function, the operation of a water department supplying water for domestic and commercial purposes is a
A
Proprietary function
9
Q
Under VA law, the provision of a public utility such as a water system is
A
A proprietary function
10
Q
Under VA Freedom of Information Act
A
Citizens and certain media representatives must be able to inspect all public records (or copies of requested records) not exempted under the act
11
Q
None of the exemptions in the VA Freedom of Information Act can prevent access to two high-interest categories of records:
A
Government positions and consultant work
12
Q
Under the VA Freedom of Information Act, provided that the information request complies with the statutory requirements, and the matter is not exempted under the law, the public body must respond promptly, but in all cases within ________ of receiving a request
A
Five working days
13
Q
Dillon’s rule is
A
A principle of statutory construction that states that a locality can exercise only those powers granted expressly by statute or charter and no other powers, unless necessarily implied in or incident to the powers expressly granted or essential to the declared objects and purposes
14
Q
Under Dillon’s Rule, localities have only those powers that are
A
1) Expressly granted by the General Assembly
2) Necessary or fairly implied or incident to powers that are expressly granted; or
3) Essential and dispensable, not simply inconvenient
15
Q
Reasonable selection method rule
A
When a statutory grant of power has been given, but is silent as to the manner of its execution, a governing body has reasonable discretion in the manner of that execution
16
Q
Under VA law, counties may be sued only in the manner and under the circumstances authorized by the sovereign. However, there is no sovereign immunity against
A
Inverse condemnation claims
17
Q
An inverse condemnation claim (a claim of government taking or damaging of private property for public use without just compensation) is based on the ________, which prohibits the taking of private property without ________ and is expressly allowed by ________
A
Fifth Amendment’s Takings Clause; just compensation; statute
18
Q
To prevail on inverse condemnation claim, Ps must show
A
1) Owns PRIVATE property or has some private property right
2) The property was damaged or rendered less useful,
3) The damage was caused by a project qualifying as public use, and
4) The property owners did not receive just compensation for the damage
19
Q
When the property is public rather than private,
A
There can be no taking
20
Q
T/F As an abutter of a public right of way, Pop has a common law “right of ingress and egress, into and from his property”
A
True
21
Q
T/F An abutting landowner’s right of access to a public road is subordinate to the police power of the state reasonably to control he use of streets so as to promote the public health, safety, and welfare
A
True
22
Q
T/F The owner of property abutting a public road has no right to compensation when the state, in the exercise of its police powers, reasonably regulates the flow of traffic on the highway. As such, a partial reduction or limitation of a direct access easement in the interest of public safety is a non-compensable exercise of a legislature’s police power
A
True
23
Q
T/F The City’s operation of its baseball complex falls within the broad police powers delegated to municipalities by the state for the development of the state’s resources. Therefore, a government function
A
True
24
Q
Under VA law, localities have no inherent power to enter into ________, so they may only act within the scope of ________
A
Contracts; the power delegated and defined by the state
25
State law directs that **municipal ordinances** be ordinarily enacted by
An **affirmative vote** of **a simple majority** of the governing body, with notice to the public by prior publication that provides legally adequate "descriptive summary" of the body's proposed action
26
Under VA law, municipal ordinances are ordinarily enacted by
An affirmative vote of a simple majority of the governing body
27
A provision in a charter may be adopted and approved by the general assembly on any subject
Not forbidden by the state constitution or state law
28
Contracts general rules
Localities have no inherent power to enter into contracts, so they may only act within the scope of the power delegated and defined by the state
State law directs that municipal ordinances be ordinarily enacted by an affirmative vote of simple majority of the governing body, with notice to the public by prior publication that provides a legally adequate "descriptive summary" of the body's proposed action
29
Transaction of public business at public meetings (FOIA)
The FOIA generally prohibits any transaction of public business other than by votes at a public meeting. Generally, all meetings of public bodies must be open, and members must be physically present
30
The FOIA generally prohibits any transaction of public business other than by
Votes at a public meeting
31
Generally, all meetings of public bodies must be ________, and members must be ________
Open; physically present
32
Nonpublic sessions are permissible to discuss certain topics, including
The disposition of publicly held property
33
The FOIA generally prohibits any transaction of public business other than by
Votes at a public meeting
[Generally, all meetings of public bodies must be open, and members must be physically present]
34
Although nonpublic meetings are permissible to discuss certain topics, following the conclusion of a nonpublic session, the public body must immediately
Reconvene in an open meeting and take a recorded vote, within the minutes certifying that only lawfully exempted material was discussed
35
Generally, all meetings of public bodies must be
Open, and members must be physically present
36
Public vote required to transact public business
[FOIA further requires that], unless a specialized statute applies, a vote must be at an open public meeting, with an agenda made available for public inspection at the same time it is furnished to its members. Even if a specialized statute does allow for a nonpublic meeting, the FOIA provides no action approved in a closed meeting can become effective unless the public body, following the closed session, immediately reconvenes in open meeting and
1) Reasonably identifies the substance of the issue, and
2) Takes a vote in the open meeting
37
Unless a specialized statute applies, a vote must be at an
Open public meeting, with an agenda made available for public inspection at the same time it is furnished to its members
38
Even if a specialized statute does allow for a nonpublic meeting, the FOIA provides no action approved in a closed meeting can become effective unless
The public body, following the closed session, immediately reconvenes in open meeting and
1) Reasonably identifies the substance of the issue, and
2) Takes a vote in the open meeting
39
Statute does allow for a nonpublic meeting, the FOIA provides no action approved in a closed meeting can become effective unless the public body, following the closed session, immediately reconvenes in open meeting and
1) Reasonably identifies the substance of the issue, and
2) Takes a vote in the open meeting
40
Locality means
Cities, towns, and counties
41
Municipal corporation includes
Cities and towns, but does not include counties
42
Ordinances are
The **legislative acts of local governments** and have within their territorial limits the same force and effect as statutes (because ordinances are the exercise of the state's legislative power)
43
Ordinances are the exercise of the state's
Legislative power
44
Counties enjoy immunity of the sovereign from tort claims in all the activities of its
Officers, agents, or employees
45
Cities and towns enjoy sovereign immunity in tort for the acts or omissions of employees, officers, and agents ONLY with respect to
"Public" functions
46
When acting in its governmental capacity, a city or town enjoys sovereign immunity for the acts or omissions of
Employees, officers, and agents
47
A municipality acting in its governmental capacity cannot be sued in tort except for
Creating a nuisance
48
A municipal corporation (cities, towns, and other municipal corporations) enjoy sovereign immunity for the acts or omissions of employees, officers, and agents when
Acting within its public or governmental capacity
49
A municipality does not enjoy sovereign immunity in tort when acting in a
Proprietary capacity
50
The Supreme Court of VA has described governmental functions as exercises of
A municipality's discretion, activities undertaken for the common good, or in the interest of public health and safety, and exercises of powers delegated or imposed upon the municipality
51
Proprietary functions are performed primarily for the benefit of the ________. Routine ministerial acts that involve no discretion are ________
Municipality; proprietary
52
The Supreme Court of VA has said that any undertaking by a locality that is intended to promote the general safety or welfare of the community as a whole will be treated as
A governmental function
53
The Supreme Court of VA has held that **road maintenance** is
A proprietary function
54
The Supreme Court has held that garbage collection is
A governmental function
55
Based on prior precedent, road maintenance is
A proprietary function
56
Projects or activities that serve only particular residents of an area, or which may be provided only on a fee basis, such as offering water or sewer services, trash collection, and running city-owned apartment complexes, are considered to be
Proprietary
57
The distinction between "governmental" activities (for which the locality cannot be sued) and "proprietary" activities (for which there is no sovereign immunity) generally requires
Discussion of whether the activity inherently involves discretion to decide the best interests of the community
58
The **planning, design, and initial placement of a city water or sewer system** is considered
Governmental
59
While maintenance of a city street has been found to be proprietary, the planning of streets or regulation of traffic is
A governmental function
60
T/F The planning of streets or regulation of traffic is a governmental function
True
61
What kind of a function is: planning of streets or regulation of traffic?
Proprietary function
62
The ongoing operation, maintenance, and repair of utilities are
Proprietary
63
A municipality may not be liable in negligence for failure to ________ because it is a _________
Properly design a street or to erect needed lighting or barricades; governmental function
64
Where governmental and proprietary functions coincide
Immunity will apply
65
Examples of public functions include
1) Garbage removal
2) Police and fire protection
3) Operation of hospitals and public educational facilities; and
4) Regulation of traffic
66
Where the injury is caused by an alleged agent of the municipality and the municipality is not otherwise immune from liability, the injured party must show that the municipality had ________ and that she was ________
The power of control over the agent; and that she was acting within the scope of her employment
67
Under a four-factor formula, certain public employees performing governmental functions may be cloaked with sovereign immunity as to the acts of **simple negligence** where interests of the sovereign in extending immunity are sufficiently strong. The factors are
1) The **nature of the function** performed by the employee
2) The **extent of the governmental entity's interest and involvement** in the function
3) The **degree of control and discretion exercised** by the governmental entity over the employee, and
4) Whether the alleged wrongful act involved the **exercise of judgment and discretion**
68
T/F The Supreme Court has previously held that a school-bus driver is entitled to immunity
True
69
The six-month notice provision only applies to what kind of claim(s)?
Negligence claims
[Inverse condemnation is not a negligence claim]
70
The six-month notice provision does not apply to what kind of claims?
Inverse condemnation claims
71
Inverse condemnation claims are not seen as negligence claims but as actions upon
An "implied contract" (between municipality and citizen)
72
T/F Although one may not have delivered a separate notice of their claim, but still filed the suit "promptly" may be able to convince the court that proper notice was given
True
73
Public recreational facility special treatment by statute
Any municipality that operates a recreational facility is liable only for gross or wanton negligence
74
T/F Cities have immunity from **simple negligence** in operating parks and certain other recreational facilities for the use and enjoyment of the public. Cities do, however, remain liable for gross or wanton negligence in operating these facilities
True
75
T/F Cities remain liable for gross or wanton negligence in operating parks and certain other recreational facilities for the use and enjoyment of the public
True
76
The Supreme Court of VA has described gross negligence as
The utter disregard of prudence amounting to complete neglect of safety of another, emphasizing the importance of deliberate conduct
77
The Court has held that gross negligence can be proved from the combination of
Several acts of simple negligence
78
Gross negligence - degree of negligence as would shock fair minded people, although something less than
Willful recklessness
79
What is needed before liability attaches to a municipality?
Actual or constructive notice
80
T/F A municipality must have **actual or constructive notice** of a defect on public property in time to have it remedied before liability attaches
True
81
Gross negligence is
The degree of negligence that shows such indifference to others that it constitutes an utter disregard of prudence amounting to a complete neglect of safety of the other person
It must be such a degree of negligence as would shock fair minded people, although something less than willful recklessness
82
Proprietary functions to which immunity does NOT attach
1) Maintenance of public ways
2) Maintenance and operation of recreational facilities
3) Utility services
4) Housing authorities
83
The provision of public water, sewage, storm drainage, gas, and municipal electronic power are
Proprietary functions
84
Storm sewer system maintained by County to support a new residential community is
A public use
85
FOIA
All public records not exempted under the FOIA must be available to citizens and certain media representatives
86
T/F All public records involving the transaction of public business shall be open to inspection and copying by any citizen of VA, unless a specific exemption from disclosure applies
[The Board of Supervisors falls within the definition of a public body]
True
87
A public record is
Any writing in possession of a public body that was generated during the transaction of public business
88
Requests under FOIA must come from
A Virginia citizen
89
If a request for FOIA does not come from a VA citizen, the City
Need not respond to the request
90
Maintaining public ways is considered
[E.g., Street sweeping]
A proprietary function
[Here, Stefan was a city employee sweeping the streets at the time of the accident. He was performing a function for the City. Since maintaining the streets is a proprietary function, the City will not be immune from France's suit]
[Because sovereign immunity does not attach to City's maintenance of streets and public ways, City may be held vicariously liable for Stefan's conduct]
91
T/F Records from a cell phone used by a City employee while on the job provided to the employee for use during his employee may qualify as public records if it does not fall within any exceptions to FOIA
True
92
Vicarious liability
An employer will be vicariously liable for tortious acts committed by their employee if the tortious act occurs within the scope of their relationship
93
The employee will still be considered to be acting within the scope of employment rather than on a "frolic" where
An agent's deviation from the employer's business is minor in **time and in geographic area**
94
The employee will still be considered to be acting within the scope of employment rather than on a "frolic" where an agent's deviation from the employer's business is
Minor in time and in geographic area
[The incident causing injury in this case - veering off the street as he was sweeping to the adjacent sidewalk - occurred while Stefan was driving the sweeper on his regular rounds and involved only a minor deviation in time and geographical area]
95
If a proprietary activity, the City is not entitled to sovereign immunity and neither is
The employee
96
T/F Even if the City were immune, an employee that has been alleged gross negligence, would not be
True
97
The notice requirement does not apply to
Individual employees
98
Under FOIA, all public records have to be open to citizens and representatives of
Newspapers and magazines with circulation in the Commonwealth
99
The sale of public property must be made by an ordinance passed by
Three-fourths vote of all members elected to the governing body. [For a 5-member council, a 4 to 1 vote would be required to pass the ordinance]
100
Governmental functions
Activities that a local govt performs as part of its obligation to provide for the **general welfare, safety, and security** of the public
These functions are typically protected by sovereign immunity, meaning the local govt is not liable for negligence when performing these actions
101
Proprietary functions
Activities that a local govt undertakes that could be performed by private entities
In these cases, local govts may be held liable for negligence
102
Governmental functions examples
1) Police protection
2) Fire protection
3) Public education
4) Public health services
103
Proprietary functions examples
1) Operation of utilities
2) Maintenance of public parks and recreation facilities
3) Public housing
4) Transportation service
104
As of January 01, 2022, all civil appeals go first to the
VA Court of Appeals as of right. No petition is required
105
In PI actions, when a conservator or guardian has been appointed for an incapacitated person, the suit must be filed
Before the expiration of the applicable period of limitations or within one year after a conservator or guardian has been appointed, whichever occurs later
106
When filing suit for PI, filing must be within
2 years, not including any time he was incapacitated
107
A suit for PI must be filed within the first two years after the claim accrues. If a person entitled to bring such action becomes incapacitated, timing is
Tolled. UNLESS a conservator or guardian has been appointed for such person, then suit must be field before the SOL ends, or within one year after a conservator or guardian has been appointed, whichever occurs later
108
A court determining whether a govt employee is entitled to sovereign immunity must consider
1) The nature of the function performed by the employee (is employee doing a job that is governmental)
[Driver's function essential to City carrying out its task to protect the community from the fire]
2) The municipality's interest in the function (whether it is function that classically supports safety, security, etc.)
[CIty's interest in protecting citizens from fires is extremely high]
3) The degree of control exercised by the municipality over the employee (govt function the more the employee exercises discretion and judgment); and
[City presumably exercises complete control over its fire department and employees]
4) Whether the act in question involved the exercise of judgment and discretion
[Driver was expected to exercise his own judgment and discretion in his operation of the fire truck]
[Therefore, City's interest in extending sovereign immunity to driver is sufficiently strong and sovereign immunity should apply to bar Wilma's claim against him]
109
When sovereign immunity applies, municipalities are not liable for
Gross negligence of employees
110
If a municipality employee is grossly negligent, he loses the defense of
Sovereign immunity
111
T/F The defense of contributory negligence is available to municipalities
True
112
The six month notice is deemed filed when it is
Received in the office of the official to whom the notice is directed
113
Burden of proof (6 month notice requirement) is on
The claimant
114
T/F While a written statement is the proper way of providing notice, imperfect notice may be cured if the city attorney, chief executive, mayor, or any insurer or entity providing coverage or indemnification of the claim, had **actual knowledge of the claim within 6 months**
True
115
The Supreme Court of VA has long recognized that sovereign immunity applies to the discretionary acts of
Govt employees
116
A court determining whether a govt employee is entitled to sovereign immunity must consider
1) The nature of the function the employee performs
[Responding to scene of an accident which is within the nature of an ambulance driver's expected role]
2) The extent of the govt's interest and involvement in the function
[Govt's interest in providing ambulance service and its involvment in purchasing the required equipment and hiring qualified personnel demonstrate govt's high interest in providing ambulance services to its citizens]
3) The degree of control and direction exercised over the employee by the govt; and
4) Whether the act in question involved the exercise of discretion and judgment
[Decide how quickly to get to the scene of the accident, what route to take, what action was needed to protect the public, and whether to alert the general public of his approach by employing his flashing lights and siren]
117
Under VA law, the affirmative defense of contributory negligence operates as a complete bar to recovery for a P whose own negligence contributes to her injuries
[If City can show that Sarah's own negligence contributed to her fall and injuries, Sarah will be prevented from recovering against City]
[City will argue that a reasonably prudent person in Sarah's situation would have noticed the slime and avoided it]
118
Last clear chance doctrine
Permits the P to recover despite her own contributory negligence if the D had the last clear chance to prevent an accident
[City did not have the last clear chance to avoid the slip and fall bc the City did not have knowledge of the green slime on the tennis court]
119
T/F When a P knew of the existence of a dangerous condition but without reasonable excuse forgot about the condition, he is guilty of contributory negligence as a matter of law
True
120
T/F Contributory negligence is an affirmative defense and must be raised in writing in an initial responsive pleading or the defense is waived, unless contributory negligence is shown by the P's own evidence
True
121
Contributory negligence is a what kind of defense?
Affirmative defense
122
Contributory negligence must be raised in writing in
An initial responsive pleading or the defense is waived, unless contributory negligence is shown by the P's own evidence
123
T/F A P is contributorily negligent if he fails to act as a reasonable person for his own safety under the circumstances
True
124
A P is contributorily negligent if he fails to act as
A reasonable person for his own safety under the circumstances
125
T/F As in all negligence claims, the D has the burden of proving not only that a P is negligent, but that his negligence is a proximate cause of P's injuries
True
126
If a municipality is not immune to suit, it may be held
Vicariously liable for the employee's conduct
127
Assumption of risk, if proven, is
A complete bar to recovery by a P in VA
128
T/F Assumption of risk - D must prove that P fully understood and appreciated a known danger and voluntarily exposed himself of that danger
True
129
Assumption of risk - D must prove that P
Fully understood and appreciated a known danger and voluntarily exposed himself of that danger
130
Assumption of risk
Under VA law, a P may be denied recovery if she knew of the risk (either impliedly or expressly) and voluntarily assumed it.
[A P has implied knowledge of a risk if it is one that the average person would clearly appreciate]
131
Under VA law, a P may be denied recovery if she knew of the risk either ________ or ________ and ________
Impliedly; expressly; voluntarily assumed it
132
Under VA law, a P may be denied recovery if she
Knew of the risk (either impliedly or expressly) and voluntarily assumed it [assumption of risk]
133
A P has implied knowledge of a risk if it is
One that the average person would clearly appreciate
134
T/F The maintenance and operation of recreational facilities is a proprietary function to which immunity does not attach
True
135
The maintenance and operation of recreational facilities is
A proprietary function to which immunity does not attach
136
Under VA law, any municipality that operates a recreational facility is liable only for
Gross or wanton negligence in the facility's operation
137
T/F A VA statute confers on municipalities immunity from simple negligence claims arising from operation of recreational facilities
True
138
When an activity involves both governmental and proprietary aspects - that is, where it is a "public function" -
Sovereign immunity will apply
139
The regulation of traffic and the provision of fire protection to the community are considered to be
Public functions
140
Sovereign immunity extends to protect
An employee of the municipality
141
Solicitation of clients
Solicitation generally referred to a lawyer's initiation of individual contact with a layperson, designed to entice the layperson to hire the owner
The Supreme Court has held that in-person solicitation is likely to result in over-reaching or misleading a layperson, and therefore states may adopt prophylactic rules to forbid in-person solicitation for profit
Virginia does not strictly prohibit in-person contact with potential clients, but judges the proprietary of the communications by the totality of the circumstances, including the parties' previous relationship, the physical and mental state of the potential client, and the lawyer's conduct
142
False or misleading communication
Under the VA rules, a lawyer must not make a false or misleading communication about himself or his services
A communication is misleading if there is a substantial likelihood that the communication will lead a reasonable person to reach and unfounded conclusion
143
Competent representation
Under the VRPM, a lawyer acts competently when he acts with the legal knowledge, skill, and preparation reasonably necessary for the representation
The VRPC do not prohibit a lawyer who has little or no experience in a particular area of the law from undertaking the representation of a client in that area
However, the lawyer must put in the time and study necessary to become competent and/or consult with counsel competent in that area
144
Contingency fees
A contingency fee agreement must be in writing and state the method by which the fee is to be determined, including:
1) The percentage or percentages that accrue to the lawyer in the event of settlement, trial, or appeal
2) Litigation and other expenses to be deducted from the recovery; and
3) Whether such expenses are o be deducted before or after the contingent fee is calculated
If there is any doubt as to whether a contingent fee is consistent with the client's best interest, the lawyer should offer the client alternative bases for the fee and explain their implications
145
The grants of authority (Dillon's rule) also include any powers
Reasonably necessary or fairly implied to carry out the functions expressly authorized
146
If there is no reference [to local govt operating charging stations], this issue turns on whether doing so falls under
A power necessary or fairly implied to carry out the powers expressly granted
147
Dillon's rule is to be strictly construed against
Local governments, where there is any reasonable question as to whether the local govt has been granted the authority in question
148
Snow removal is
A governmental function
149
Routine street and parking lot maintenance is
A proprietary function
150
When there is a weather emergency and the local govt needs to make decisions on how and where to allocate resources, this is
A governmental function because it is directly related to the general health, safety, and welfare of the citizens
151
The City enjoys sovereign immunity from liability for negligence in either the exercise or the failure to exercise
A governmental function
152
Virginia localities may exercise only those powers which are
Expressly granted by charter or statute, necessarily implied, or essential
153
Dillon's rule is a rule of
Strict statutory construction, so the locality may not exercise a power if any reasonable doubt exists as to whether the power has been conferred
154
The FOIA's purpose includes ensuring that, absent a statutory exception, meetings of public bodies conducting public business
Shall be open to the public
155
Under FOIA, if not practically possible to provide the requested records or to determine whether they are available within 5 working days, the records must be provided within an additional
7 working days
156
T/F Even if the City were immune, an employee defendant in which a P has alleged gross negligence would not be immune
True
157
T/F Even if the CC did not rule on Loudoun County's **sovereign immunity** defense below, the appellate court can consider it on appeal bc it implicates the court's **SMJ**
[County argued for the first time that, bc it has sovereign immunity from tort claims, the CC lacked jurisdiction to hear RP's lawsuit]
True
158
T/F Although a court's jurisdiction over the parties or concerning geographical limits may be waived, SMJ may not be waived or conferred by consent
True
159
T/F Objection to SMJ may be made by plea or motion, or by the court on its own motion at any stage of a cause of action, even in appellate court
True
160
Objection to SMJ may be made by ________ or ________, or by _________ on its own motion at ________, even in ________
Plea; motion; the court; any stage of a cause of action; appellate court
161
Objection to SMJ may be made by
Plea or motion, or by the court on its own motion at any stage of a cause of action, even in appellate court
162
T/F Under VA law, sovereign immunity is a SMJ issue. Therefore, the appellate court may consider it on appeal
True
163
Under VA law, sovereign immunity is
A SMJ issue
164
T/F The Virginia Tort Claims Act (VTCA) waives the sovereign immunity of the Commonwealth for damages up to $100,000 caused by the negligent or wrongful act or omission of any employee while acting within the scope of his employment
However, by its express terms, the VTCA excludes counties and other municipalities from its limited abrogation of immunity
[Bc the VTCA does not apply to counties, the VTCA has no effect on P's claim against the county]
True
165
The VTCA waives the sovereign immunity of the Commonwealth for damages up to ________ caused by the ________ while acting within ________. However, by its express terms, the VTCA excludes ________
$100,000; negligent or wrongful act or omission of any employee; scope of his employment; Counties and other municipalities from its limited abrogation of immunity
166
T/F A locality cannot be sued directly for gross negligence or intentional wrongs by employees
True
167
T/F If the court concludes that street sweeping is a proprietary activity, then the City is not entitled to sovereign immunity, and Stefan, as an employee of the City, also is not entitled to the benefit of that defense
True
168
T/F If the court concludes that street sweeping is a proprietary activity, then the City is not entitled to sovereign immunity, and Stefan, as an employee of the City, also is not entitled to the benefit of that defense
True
169
Indispensable party - insured whose claim has been paid in full
If the insurer has paid the entire claim, it is the real party in interest and must sue in its own name. If no money or enforceable promise to pay money has been advanced, then there has not been any subrogation and the insured remains the real party in interest
An insured whose claim has been paid in full, would likewise not be an indispensable party because the subrogee insurance company has all of the rights needed to get relief. It would be improper to include the insured after it has been fully paid and no longer a real party in interest
170
T/F Although a city or town many not be liable in negligence for failure to properly design a street or to erect needed lighting or barricades, it may be liable for failure to abate a public nuisance if lighting and barricades are needed to remedy a dangerous condition adjacent to a street that threatens the safety of motorists and others
True
171
T/F If a judge sustains the demurrer and also dismisses the complaint, it is a final order
True
172
T/F A judge's ruling on a demurrer is a ruling of law, not fact, and the appellate court will review that ruling de novo, without any deference to the lower court's ruling
True
173
A judge's ruling on a demurrer is a ruling of
Law, not fact, and the appellate court will review that ruling de novo, without any deference to the lower court's ruling
174
A judge's ruling on a demurrer is a ruling of ________, not ________, and the appellate court will review that ruling ________, without any deference to ________
Law; fact; de novo; the lower court's ruling
175
T/F A municipality must have actual or constructive notice of a defect on public property in time to have it remedied before liability attaches
The Supreme Court of VA has held that open and obvious defects do not give rise to municipal liability
True
176
T/F A municipality is bound to use due and proper care to see that its property which is open to use by the public is reasonably safe to persons passing on or along the property when exercising ordinary care and prudence
True
177
T/F A P must show more than that a defect on a public property has come into being and caused P's injury
True
178
To whom notice must be given
County, city, or town attorney; or
Mayor or chief executive of the locality
179
Fire hydrant is
A governmental function
180
Operation of a water department supplying water for domestic and commercial purposes is
A proprietary function
181
T/F If sovereign immunity does not attach and the accident occurred within the scope of Stefan's employment, City may be held liable for Stefan's conduct
True
182
Sometimes, a municipal employee may
Share in the municipality's sovereign immunity
183
T/F Sometimes, a municipal employee may share in the municipality's sovereign immunity
True
184
T/F If the court concludes that street sweeping is a proprietary activity, then the City is not entitled to sovereign immunity and neither is Stefan
True
185
T/F Because P has alleged gross negligence against Stefan, even if the City were immune, Stefan would not be
True
186
T/F Communicating electronically to ascertain a public body member’s position is permissible under § 2.2-3710(B), provided the contact is done on a basis that does not constitute a “meeting.” When discussing the details of a locality’s business with 3 or more members or a quorum, whichever is less, or conducting votes on locality business, the activity does constitute a “meeting” and must be scheduled, noticed, and open to the public for physical attendance
True
187
T/F Even though the CC did not rule on County's sovereign immunity defense below, the appellate court can consider it on appeal bc it implicates the court's SMJ
True
188
T/F SMJ connotes the power of a court to adjudicate the subject matter of a particular case
True
189
T/F SMJ may not be waived
True
190
T/F Objection to SMJ may be made by plea or motion, or by the court on its own motion at any stage of a c/a, even in appellate court
True
191
T/F An affirmative defense is a defense that can preclude liability even if the P's allegations are true
[City should raise three affirmative defenses to Sara's complaint: failure to provide statutory notice, contributory negligence, and assumption of risk]
True
192
T/F Govt functions include actions ntaken for the general health, safety or welfare of the public
True
193
T/F Proprietary functions are those performed for the benefit of the City and are ministerial in nature
True
