study

Question 1

suit for negligence

Answer 1

a suit for negligence requires that the plaintiff shows the defendant had a legal duty, breached that duty, proximate cause and damages.

Question 2

Proximate cause

Answer 2

requires that the defendant’s negligence be the cause in fact of the injury and the injury be a forseeable consequence of the defendants negligent act.

Question 3

an intervening act..

Answer 3

will relieve the defendant of liability only if it constitutes a superseding act that was not foreseeable. Rescue efforts are generally a foreseeable act.

Question 4

Good samaritan statute

Answer 4

A person who renders aid in good faith without compensation at the scene of an emergency is not liable for negligence unless their conduct constitutes gross negligence or willful misconduct

Question 5

Contributory negligence

Answer 5

Pure contributory negligence which completely bars a plaintiff from recovery if their actions contribute to and were a proximate cause of their own injury.

Question 6

Merchant warranty implied

Answer 6

unless properly disclaimed a merchant seller gives an implied warranty that the goods are merchantable, meaning they are fit for their ordinary purposes.

Question 7

Disclaiming implied warranty

Answer 7

the disclaimer must mention merchantability and the writing must be conspicuous

Question 8

Implied warranty of fitness for particular purpose

Answer 8

when the seller has reason to know the buyer’s particular purpose in buying, the seller knows this, and the buyer relies on the sellers expertise and judgment. Conspicuous writing to disclaim

Question 9

express warranty

Answer 9

is created when the seller makes a promise that becomes part of the basis for the agreement.

Question 10

Breach of contract UCC

Answer 10

must be brought within 4 years of the breach occurring. This action accrues when the breach occurs.

Question 11

Tenants by the entirety

Answer 11

may only exist between married spouses. Death of one spouse, the title transfers to the other spouse automatically.

Question 12

Leaving a spouse and children not from that spouse

Answer 12

the surviving spouse takes 1/3 and the children divide 2/3 equally.

Question 13

A valid executed deed is effective when..

Answer 13

a validly executed and delivered deed is effective to convey title even if it is not recorded

Question 14

race notice

Answer 14

a subsequent purchaser without notice who records first takes priority over the unrecorded interest.

Question 15

transfer by gift

Answer 15

requires donative intent, acceptance and delivery of a properly executed deed. A subsequent purchaser or mortgagee for value without notice of a prior transfer and who first records has priority over the earlier transferee

Question 16

grounds for divorce

Answer 16

Adultery, cruelty, desertion and felony conviction or no fault. A court must apply Virginia divorce law when the case is adjudicated in va.

Question 17

Desertion

Answer 17

valid ground for divorce requires proof that one spouse intentionally abandoned the relationship with the intent to remain separate. Couple must remain separate for 1 year without cohabitation.

Question 18

written separation agreement

Answer 18

enforceable as a contract.

Question 19

Changing spousal support

Answer 19

may change going forward so as long as the parties did not agree in the settlement agreement to make it unmodifiable. Unless contrary to the provisions of the agreement, the court will change spousal support upon a showing of a change in circumstances that would justify the change.

Question 20

no fault divorce

Answer 20

may grant a no fault if the parties have a seperation agreement, they have no children and have been seperate for 6 months. Or seperate for 1 year and apart can grant no fault. Either case, during the waiting period, one party must have the intent to divorce and remain seperate.

Question 21

Default judgment

Answer 21

D must file a responsive pleading within 21 days after being properly served, or else a default may be entered against them. Default is not automatic, courts may allow late filing upon a showing of good cause and if the delay does not unfairly prejudice the plaintiff.

Question 22

Failure to mitigate damages

Answer 22

affirmative defense

Question 23

Affirmative defenses

Answer 23

general rule is that affirmative defenses must be raised in the answer or they are waived. However, where the affirmative defense is not dispositive of the claim, and at a trial, the plaintiff’s evidence established facts supporting that defense, the defendant may still use the defense when it presents in the cae and the fact finder will be free to consider the defense in deciding the case.

Question 24

statute of limitations affirmative defense

Answer 24

Failing to file within the applicable statute of limitations can be raised only as an affirmative defense, and set forth in a responsive pleading. It cannot be raised by a demurrer.

Question 25

Counties and county school boards

Answer 25

are considered arms of the commonwealth and are entitled to absolute sovereign immunity. Immunity for governmental or proprietary task

Question 26

employee sovereign immunity

Answer 26

FICD - nature of the function performed, government interest in the function, degree of control by the government, whether the act involved judgment or discretion - employees are not protected for gross negligence of intentional conduct.

Question 27

Contributory negligence

Answer 27

va pure cont neg. Any negligence on behalf of the plaintiff is a complete bar to recovery. A plaintiff is contributory negligent if they fail to act as a reasonable person would in similar circumstances.

Question 28

assumption of the risk

Answer 28

a plaintiff is barred from recovery if they knew and appreciated the risk they were about to encounter and proceeded anyway

Question 29

Marital communications privilege

Answer 29

applies only to confidential communications made during the marriage. The privilege does not protect observations. Protects communications made during the marriage even if the parties later divorce.

Question 30

Prior witness testimony

Answer 30

Deposition testimony may be used if the witness is unavailable at trial. Prior testimony may be used when the witness is unavailable and the parties had an opportunity to cross-examine.

Question 31

Witness unavialable when..

Answer 31

whether a party or not, may be used for any purpose when that witness is at a greater distance than 100 miles from the court, or is not in the commonwealth, unless the absence of the witness was caused by the party seeking to use the deposition.

Question 32

Failure to respond to request for admission

Answer 32

deemed admitted if a party fails to respond to a request within 21 days.

Question 33

Partial summary judgment

Answer 33

may be granted when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Question 34

Supporting documents for summary judgment

Answer 34

Depositions may not be used to support a motion for summary judgment. Answers to requests for admission may be used even if the request for admission are based on facts learned from testimony at deposition, so as long as the rfa makes no reference to the deposition, and does not require that the party admit that the deponent gave specific testimony at the deposition.

Question 35

search incident to arrest

Answer 35

after a lawful arrest, police may conduct a search of the arrestee's person incident to that arrest and seize any evidence of a crime they locate.

Question 36

Search incident to arrest (plain view)

Answer 36

a search incident to arrest allows the police to search the arrestee's person. Under the plain view doctrine, police are allowed to seize items if they are incriminating in nature

Question 37

Search of cell phone

Answer 37

Police generally may not search the digital contents of a cell phone seized during a lawful arrest without first obtaining a warrant. Searching the contents of a cellphone requires, consent, exigent circumstances, or a search warrant.

Question 38

Inventory search

Answer 38

police may conduct a warrantless inventory search of a vehicle that is lawfully impounded so as long as the police department has an inventory search policy and officers comply with that policy

Question 39

Intent to distribute

Answer 39

may be proven by circumstantial evidence found during a search incident to arrest. (The presence of a firearm can be indicative of the intent to distribute)

Question 40

easement

Answer 40

A deed granting the right to use a road creates an easement. An easement granted by deed is valid upon execution, it does not need to be recorded.

Question 41

Subsquent purchaser for value

Answer 41

who records without notice takes the land free of any encumbrances. However, the purchaser has notice if the interest is open and obvious through visible use.

Question 42

General warranty deed

Answer 42

SEC-WEA - 1) sesins which states that the owner is the lawful owner of the property 2) a right to convey 3) free from encumbrances 4) quiet enjoyment which meaning nothing will interfere with their right to enjoy the land 5) further assurances which states that the grantor will take whatever actions are necessary to fix problems 6) warranty, grantor will protect the grantee if someone else claims to have superior title to property.

Question 43

Dillions rule (PIE)

Answer 43

Strict statutory construction. Localities in VA may only exercise the powers that are expressly granted to them by the general assembly, necessarily or fairly implied from an express grant, or essential and indispensable to the locality. If there is any doubt whether a power has been granted to a locality, then it is resolved against the locality, and the power is denied.

Question 44

VA Freedom of information (Votes)

Answer 44

Public bodies must take official votes at a properly noticed public meeting.

Question 45

VA Freedom of information (Electronic Comms)

Answer 45

Official action may not be taken though electronic communication including email outside of a public meeting.

Question 46

VA Freedom of Information (Records Request)

Answer 46

allows public records to be disclosed upon request to a citizen or journalist of the commonwealth unless a statutory exemption applies. Public records include writings or recordings possessed by a public body used to transact public business.

Question 47

Gross negligence

Answer 47

Gross negligence in Virginia is the utter disregard of prudence amounting to complete neglect of the safety of another.

Question 48

Document request options and timeline

Answer 48

The government may respond by: 1) providing the requested documents, 2) give an exception that allows withholding the documents, 3) provide them but redact contents to which an exception applies, and 4) inform the requested that they cannot produce the documents within 5 days. If the locality informs the requester that it cannot be produced in 5 days, they will get an automatic extension of 7 additional days to provide the documents. If the locality cannot comply within the additional 7 days, it must petition the Circuit Court to extend its time to respond.