! Special Forms of Action and Relief

Question 1

What is detinue?

Answer 1

An action at law to recover specific personal property unlawfully withheld by the defendant from the plaintiff, who is entitled to immediate possession of the property.

The court may also award damages for wrongful retention of the property.

Question 2

In which courts can a detinue action be brought?

Answer 2

Circuit court or general district court, subject to general jurisdictional dollar limitations.

In a circuit court, a detinue action begins by filing a complaint; in a general district court, it typically begins by filing a warrant or motion for judgment.

Question 3

What is the permissible venue for a detinue action?

Answer 3

The county or city where the property is physically located or where evidence of the property is located.

This is defined in § 8.01-262(5).

Question 4

Who should be made a defendant in a detinue action?

Answer 4

The person in possession of the property and any other person who claims the property.

Refer to § 8.01-116.

Question 5

What must a plaintiff do before filing a detinue action?

Answer 5

Make a demand for the return of the property if the defendant’s acquisition of the property was lawful.

This is crucial to establish a basis for the action.

Question 6

What is required for pretrial seizure in a detinue action?

Answer 6

A petition in detinue must be filed.

The petition must describe the property and its value, basis of the claim, and supporting facts regarding the defendant.

Question 7

What bond amount must a plaintiff post for pretrial seizure?

Answer 7

At least twice the value of the property if requesting pretrial seizure by the sheriff.

If only seeking a levy on the property, the bond must be at least equal to the value of the property.

Question 8

What are the elements a plaintiff must establish at trial for a detinue action?

Answer 8

• Legal right to the property
• Right to immediate possession
• Property is capable of identification
• Property has some value
• Defendant had possession of the property before the suit.

Refer to Vicars v. Atl. Disc. Co., 140 S.E.2d 667 (Va. 1965).

Question 9

What may the court award if the plaintiff is successful in a detinue action?

Answer 9

Either possession of the property or its value, along with damages for wrongful detention.

Refer to § 8.01-121.

Question 10

What is distress?

Answer 10

An in rem action at law by which a landlord collects rent through the seizure and sale of the tenant’s tangible personal property.

Defined in §§ 8.01-130.1–8.01-130.13.

Question 11

Where must a distress action be brought?

Answer 11

In the general district court, regardless of the amount in controversy.

See § 16.1-77(1).

Question 12

What is the proper venue for a distress action?

Answer 12

Where the premises yielding the rent is located or where goods liable to distress may be found.

This is outlined in § 8.01-261(20).

Question 13

What is the time frame for rent that can be collected through a distress action?

Answer 13

Rent due within the preceding five years, with limitations for residential and agricultural properties.

Residential rent recovery is limited to six months; agricultural rent is limited to 12 months.

Question 14

What is a partition action?

Answer 14

An equitable action by which jointly owned property is divided among its owners.

Defined in §§ 8.01-81–8.01-93.

Question 15

Who can bring a partition action for real property?

Answer 15

• Tenant in common
• Joint tenant with the right of survivorship
• Judgment lien creditor
• Coparcener
• Executor of a decedent’s estate with the power to sell real property.

See § 8.01-81.

Question 16

What is the preferred method of dividing property in a partition action?

Answer 16

Division in kind of the property.

The court may sell the property if a division in kind cannot conveniently be made.

Question 17

What is ejectment?

Answer 17

An action at law to try title and the right of possession of real property.

Defined in §§ 8.01-131–8.01-165.

Question 18

Where must an ejectment action be brought?

Answer 18

In a circuit court.

This is specified in the Virginia Code.

Question 19

What is the preferred venue for an ejectment action?

Answer 19

Where the land, or a portion of the land, is located.

See § 8.01-261(3).

Question 20

What type of action seeks compensation rather than title or possession of property?

Answer 20

Inverse condemnation action

Refers to a legal action where a property owner seeks compensation for property taken for public use without just compensation.

Question 21

In which court must an ejectment action be brought?

Answer 21

Circuit court

Question 22

Where does the preferred venue for an ejectment action lie?

Answer 22

Where the land, or a portion of the land, is located

Question 23

Who may bring an ejectment action?

Answer 23

A person with a current right to possess the property based on title

Question 24

Can a person currently possessing the property bring an ejectment action?

Answer 24

No

Question 25

Who may bring an ejectment action if they are the grantor of a deed of trust?

Answer 25

The grantor of a deed of trust

Question 26

Is the trustee a necessary party in an ejectment action brought by the grantor of a deed of trust?

Answer 26

No

Question 27

An ejectment action must be brought against whom?

Answer 27

A person claiming title to the property preventing the plaintiff from possessing it

Question 28

What must a plaintiff establish in an action against a cotenant?

Answer 28

That she has been denied her right to possess the property (ouster)

Question 29

What is the effect of a judgment in an ejectment action?

Answer 29

Conclusive as to title to the property between the parties

Question 30

What type of action seeks to remove an invalid claim or encumbrance affecting a property owner's title?

Answer 30

Quiet title action

Question 31

Where must an action to quiet title be brought?

Answer 31

Circuit court

Question 32

What are the elements of a quiet title action?

Answer 32

* Plaintiff has equitable or legal title to property * There is a perceived threat to plaintiff’s interest * The plaintiff lacks an adequate remedy at law

Question 33

Can a plaintiff with equitable title bring a quiet title action?

Answer 33

Yes

Question 34

What is a 'cloud on title'?

Answer 34

An outstanding claim or encumbrance that negatively affects a property owner's title

Question 35

What must be established for a perceived threat to be actionable in a quiet title action?

Answer 35

There must be an imminent danger of irreparable injury

Question 36

What must a court determine in a quiet title action?

Answer 36

Who has better title

Question 37

What is the purpose of an action to establish a boundary line?

Answer 37

To determine the legal boundary of real property

Question 38

In which court must an action to establish a boundary line be brought?

Answer 38

Circuit court

Question 39

Who may file a complaint in a boundary line action?

Answer 39

Any person with a real property interest and right to possess the property

Question 40

Who must be made defendants in a boundary line action?

Answer 40

All persons with a present interest in the boundary lines

Question 41

What typically establishes the location of a boundary in a boundary line action?

Answer 41

The plaintiff’s deed

Question 42

What is the general standard for disposing of property held by a person under a disability?

Answer 42

The disposition must promote the interest of the person under a disability

Question 43

Who may bring an action to sell or dispose of land owned by a person under a disability?

Answer 43

A fiduciary of the person under a disability or any person with an interest in the subject matter

Question 44

What must be appointed for any person under a disability not otherwise represented?

Answer 44

Guardian ad litem

Question 45

Can a fiduciary purchase property in an action for the disposition of land of a person under a disability?

Answer 45

Yes, if the court finds it is in the best interests of the person under a disability

Question 46

What happens to the proceeds from the disposition of property held by a person under a disability?

Answer 46

They are subject to the control of the court for the benefit of the person under the disability

Question 47

What type of action is an unlawful entry or detainer?

Answer 47

An action at law

Question 48

What is the main purpose of an unlawful detainer action?

Answer 48

To regain possession from a person wrongfully in possession

Question 49

Where may an unlawful entry or detainer action be filed?

Answer 49

In either a circuit court or a general district court

Question 50

What notice must a landlord provide when a tenant fails to pay rent?

Answer 50

* Notice of nonpayment of rent * Intention to terminate the lease if not paid within 14 days

Question 51

What must occur if a summons for unlawful detainer is filed by an owner of a residential dwelling unit?

Answer 51

An emergency hearing must be held

Question 52

What is the status of a former owner who remains in possession of their home after foreclosure?

Answer 52

They become a tenant at sufferance

Question 53

What is the time frame for an emergency hearing after filing a case?

Answer 53

Must be held within 30 days after the date of filing ## Footnote If the case cannot be heard within 14 days from the date of filing, it must be held as soon as practicable.

Question 54

What happens if a former owner remains in possession after a foreclosure sale?

Answer 54

They become a tenant at sufferance ## Footnote This tenancy may be terminated by a written notice from the successor owner.

Question 55

How long before termination must the successor owner provide notice to the tenant?

Answer 55

At least three days before the effective date of termination

Question 56

What can a person entitled to possession of property file in circuit court?

Answer 56

A motion for judgment ## Footnote A summons is issued to the defendant, and either party may request a jury trial.

Question 57

What must be served at least 10 days before a general district court hearing?

Answer 57

A summons

Question 58

What relief may the court award in an unlawful detainer action?

Answer 58

Damages and rent proven to be owed ## Footnote The court may also award possession of the premises.

Question 59

What must happen immediately if the court awards possession to the landlord?

Answer 59

A writ of eviction must be issued

Question 60

How long before eviction must the sheriff notify the defendant?

Answer 60

At least 72 hours in advance

Question 61

What is the appeal period for a general district court decision?

Answer 61

Must be filed within 10 days of the judgment

Question 62

What is the cap on damages under the Virginia Tort Claims Act?

Answer 62

The greater of $100,000 or the amount of liability insurance coverage

Question 63

In what type of court may an action under the Virginia Tort Claims Act be filed?

Answer 63

Either a circuit or general district court

Question 64

What is the time frame for providing notice of a claim under the Virginia Tort Claims Act?

Answer 64

Generally within one year after the cause of action accrued

Question 65

What is the statute of limitations for bringing a tort action under the Virginia Tort Claims Act?

Answer 65

Within 18 months of the notice of claim or two years after the cause of action accrues

Question 66

Who can bring a wrongful death action?

Answer 66

The personal representative of the decedent

Question 67

What must be proven for a wrongful death action?

Answer 67

The decedent's death was caused by a defendant’s negligence or intentional act

Question 68

What is the general statute of limitations for wrongful death actions?

Answer 68

Must be brought within two years after the decedent’s death

Question 69

Who are the primary beneficiaries of a wrongful death action?

Answer 69

Decedent’s spouse, children, grandchildren, and dependent household relatives

Question 70

What types of damages can be recovered in a wrongful death action?

Answer 70

Sorrow, lost income, medical expenses, funeral expenses, and punitive damages

Question 71

What is the cap on punitive damages in wrongful death actions?

Answer 71

$350,000

Question 72

What is a medical malpractice action based on?

Answer 72

Tort or contract law for personal injuries or wrongful death

Question 73

What is required to file a medical malpractice claim?

Answer 73

A written opinion from an expert witness

Question 74

What is the cap on total recoverable damages in a medical malpractice action?

Answer 74

$2.60 million for the period from July 1, 2023 through June 30, 2024

Question 75

What is a writ of mandamus?

Answer 75

An order to perform a ministerial task

Question 76

What must a petitioner establish to issue a writ of mandamus?

Answer 76

Clear right to relief, duty of the respondent, absence of adequate remedy at law

Question 77

What are the three conditions that must be met for a writ of mandamus?

Answer 77

1. The petitioner has a clear right to the relief sought 2. The respondent has a duty to perform the act sought 3. There is an absence of an adequate remedy at law

Question 78

Can a writ of mandamus undo an act that has already been taken?

Answer 78

No, a writ of mandamus is not available to undo an act that has been taken, even if that act was erroneous

Question 79

In which case did a funeral directors’ association compel a public safety director to comply with a city ordinance?

Answer 79

Richmond Funeral Directors’ Ass’n v. Groth, 120 S.E.2d 467 (Va. 1961)

Question 80

True or False: The Commonwealth can compel a hearing examiner to accept the decision of an administrative commissioner using a writ of mandamus.

Answer 80

False

Question 81

Which courts can issue a writ of mandamus?

Answer 81

A circuit court, the Court of Appeals, and the Supreme Court

Question 82

What is the preferred venue for issuing a writ of mandamus?

Answer 82

Where the record or proceeding to which the writ relates is located

Question 83

What does a writ of prohibition do?

Answer 83

It prevents a judge from exercising jurisdiction either because the court does not have jurisdiction or the judge is exceeding his jurisdiction

Question 84

Can a writ of prohibition be issued against an administrative entity?

Answer 84

Yes, it can be issued to an administrative entity with quasi-judicial functions that improperly exercises jurisdiction

Question 85

In which case did a circuit court improperly issue a writ of prohibition?

Answer 85

Elliott v. Great Atl. Mgmt. Co., 374 S.E.2d 27 (Va. 1988)

Question 86

What is a writ of quo warranto used for?

Answer 86

It may be issued against a domestic corporation for misuse of corporate privileges, a person for misuse of legal privileges, or someone practicing a profession without authorization

Question 87

Who can seek a writ of quo warranto?

Answer 87

The Attorney General, any attorney for the Commonwealth, or any interested person

Question 88

What is the basic form of injunctive relief?

Answer 88

Mandatory or prohibitory

Question 89

When can a person seek a declaratory judgment?

Answer 89

When an actual controversy exists regarding her rights

Question 90

Which court must a declaratory judgment action be brought in?

Answer 90

A circuit court

Question 91

Is there a special preferred venue for declaratory judgment actions?

Answer 91

No, the general permissive venue is applicable

Question 92

What is the discretionary nature of a circuit court’s authority in declaratory judgments?

Answer 92

A circuit court’s authority to enter a declaratory judgment is discretionary

Question 93

What is inverse condemnation?

Answer 93

It occurs when the government takes or damages a person’s property without compensation

Question 94

What inherent power does a court have regarding contempt?

Answer 94

A court has the inherent power to punish for contempt

Question 95

What are the conditions under which a court may issue attachments for contempt?

Answer 95

1. Misbehavior in the presence of the court 2. Violence or threats to court officials 3. Contemptuous language addressed to a judge 4. Misbehavior of an officer of the court 5. Disobedience to lawful court processes

Question 96

What must a court order include to punish for contempt?

Answer 96

The order must be in definite terms as to the duties imposed and the command must be expressed rather than implied

Question 97

How is a court's contempt order reviewed?

Answer 97

Under an abuse of discretion standard