Multiple Choice Q's

Question 1

Decisions fo the State Corporation Commission may be appealed to

Answer 1

Virginia Supreme Court

Question 2

What is the object of a declaratory judgment action

Answer 2

To obtain a declaration of right with or without consequential relief. Only available if there is a ripe, pending dispute, and a declaratory ruling would guide the parties’ future conduct. A declaratory ruling is not available if any ordinary cause of actin would provide a remedy.

Question 3

Which remedy is designed to cure an award of damages that is grossly excessive without the necessity of a new trial or an appeal

Answer 3

Remittitur

Question 4

Service of process in a civil action or suit is deemed timely if made within ____ of the commencement of the action or suit against the defendant:

Answer 4

12 months

Question 5

If damages found by the jury are inadequate, the court may require the defendant to pay an amount in excess of the verdict or face a new trial, this is called

Answer 5

additur

Question 6

True or False: Sovereign immunity applies to the commonwealth in all suits for money damages caused by the negligence of a state employee

Answer 6

False. Commonwealth consents to suits for money damages for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of a state employee while in the scope of employment up to a liability limit of $100,000

Question 7

A lawsuit against the commonwealth generally will be forever barred if it is not brought within _____ after filing notice of the claim or within ______ of the cause of action accruing

Answer 7

18 months, 2 years

Question 8

True or False: Summary judgment as to liabiklity may not be granted if there is a genuine issue as to the amount of damages

Answer 8

false

Question 9

Generally, a bill of review may be filed within this time period after entry of the decree to be reviewed

Answer 9

6 months

Question 10

The plaintiff may, at plaintiff’s option, within _____ after service of the third-party complaint upon the third-party defendant, assert any claim against the third party defendant arising out of the transaction or occurrence that is the subject matter of the plaaintif’s claim against the third-party plaintiff:

Answer 10

21 days

Question 11

Generallyk, a person who has been called and reportef fror jury duty, cannot serve again within the next ___ years

Answer 11

3

Question 12

A plaintiff in a lawsuit against the commonwealth must notify the commonwealth of the claim within ____ of the accrual of the cause of action:

Answer 12

one year

Question 13

Unless otherwise provided, every action for personal injuries, whatever the theory of revo very, must be brought within ____ years after the cause of action accrues

Answer 13

2 years

Question 14

personal injury case against the commonwealth for which the SOL is 2 years, when msut the plaintiff notify the commonwealth of the claim before it will be barred?:

Answer 14

one year

Question 15

True or False: An arbitration award must be vacated if a vcourt of law or equity would not have arrived at the same result

Answer 15

false

Question 16

A trial court has the power to vacate a default judgment or decree on the ground of fraud within ___ of rendition:

Answer 16

2 years

Question 17

Leave to amend a pleading is to be:

Answer 17

liberally granted in furtherance of the ends of justice,

Question 18

Every action for injiry resulting from libel, slander, insulting words, or defamation shall be brough within _____ after the cause of action accrues:

Answer 18

one year

Question 19

) A(n) _____ requires a nonparty deponent to bring documentary evidence with him to a deposition

Answer 19

subpoena duces tecum

Question 20

In any judicial proceeding, civil or criminal, a duly executed affidavit by the tax commissioner may be accepted by the court as _______ evidence as to whether or not a tax return has been filed or the tax has been paid

Answer 20

prima facie

Question 21

______ of the appellate court justices are required for the court to sit en banc

Answer 21

8

Question 22

) Notwithstanding any other provision of law, when may a party in a civil action inform the jury of the amount of damages sought by the plaintiff?:

Answer 22

in both the opening statement and closing argument

Question 23

A notice of appeal must be filed within ____ days of entry of the final judgment or other appealable order or decree in circuit court

Answer 23

30

Question 24

Supreme court review is discretionary and by petition in all instances except where what kind of case is involved?:

Answer 24

Criminal cses in which the death penalty is imposed

Question 25

When an appeal is granted, the court issues a(n)_____ to all counsel. This determines the time period for filing briefs, etc.:

Answer 25

certificate of appeal

Question 26

When a party is required or permitted under Virginia rules of civil procedure to do an act within a presceibed time after service of paper on him, and the paper is served by mail, how many days will be added to the prescribed period?

Answer 26

three

Question 27

To appeal a case from a general district court to a circuit court, appeal must be taken within ____ days of entry of judgment by noting the appeal in writing with the clerk of the GDC

Answer 27

10

Question 28

When a party is required to permitted under the Virginia Rules of Civil procedure to do an act within a presxcribed time after service of a paper on him and the paper is served by facsimile, e-mail or commercial delivery service, how many day(s) will be added ot the prescribed period?

Answer 28

1 day

Question 29

Unless otherwise provided, every action for damages resulting form fraud shall be brough within ____ year(s) after the cause of acion accrues

Answer 29

2

Question 30

Any party may make a motion for summary judgment at any time, except in an action for

Answer 30

divorce

Question 31

An appellant must file an opening brief within _____ of the certificate of appeal

Answer 31

40 days

Question 32

Except as otherwise directed by the Virginia Court of Appeals, oral argument for a party shall not exceed _____ in length

Answer 32

15 minutes

Question 33

An appellee’s brief nmust be filed within ____ of the filing of the appellant’s brief:

Answer 33

25 days

Question 34

If the amount or value involved in a case does not exceed $25,000, a jury of ___ is required. If it does, a jury of ____ is required. If the parties consent, a jury of ____ may be used.:

Answer 34

five, seven, three

Question 35

The appellant may file a reply brief within ____ of the filing of the appellee’s brief

Answer 35

14 days

Question 36

In determining the amount in controversy in a civil action, which of the following is correct:

Answer 36

no interest or attorney's fees

Question 37

When may clerical mistakes in judgments or in the record be corrected by the court?:

Answer 37

at any time

Question 38

If service of the summons has been timely waived on request, an out-of-state defendant must file responsive pleadings to the complaint within _____ days after the date when the request for waiver was sent

Answer 38

90

Question 39

When answers in a defensive pleading in any suit on an equitable or legal claim are insufficient, what is the appropriate motion to be made by the complaining party?:

Answer 39

motion to strike

Question 40

) what is the purpose of VA”s long arm statute:

Answer 40

to confer PJ over nonrsidents who have contacts with Virginia, To confer PJ over nonresidents resulting from the ownership of property within VA

Question 41

In the Supreme Court of Virginia, under what circumstances may the time for filing any brief where an appeal has been granted be extended?

Answer 41

all counsel and a justice of supreme court

Question 42

If the subject matter of a counterclaim or crossclaim arises out of the same transaction or occurrence upon which the plaintiff’s claim is based, the SOL with respect to such actions

Answer 42

s tolled by the filing of the plaintiff’s action

Question 43

In cases in which fraud, concealment, or intentional misrepresentation prevented discovery within the statutorily specific limitation period of an injury caused by medical malpractice, the time which to bring a claim is extended by ____ years from the date the injury is discovered by, or reasonably should have been discovered:

Answer 43

one

Question 44

An interlocutory appeal is:

Answer 44

an appeal of a nonfinal order for which an appeal of right does not exist

Question 45

Amicus briefs are allowed as a matter of right when filed by

Answer 45

y: Commonwealth and US, all others must have consent of all counsel or leave of court

Question 46

no party shall serve upon any other party, at any one time or cumulatively, more than ____ written interrogatories, including all parts and subparts without leave of court for good cause shown:

Answer 46

30

Question 47

if a five-person jury is required, the jury panel begins with at least _____ jurors to allow each side ____ peremptory challenges.

Answer 47

11, 3

Question 48

A pecial grand jury consists of not less than ____ or more than ____ persons:

Answer 48

7, 11

Question 49

If a seven person jury is required, the jury panel begins with at least ____ to allow each side ____ peremptory challenges

Answer 49

13 jurors, 3 challenges

Question 50

May a plaintiff join a claim in tort with one in contract

Answer 50

Yes, if same transaction or occurrence

Question 51

True or false, a general denia of the entire complaint or plea of the general issue is not permitted.

Answer 51

true

Question 52

If a three person jury is used, each side selects one, who selects third

Answer 52

the two jurors