Yee

Question 1

Identify the following affirmative defense to equitable relief: The plaintiff’s illegal or unethical conduct in bringing about the contract may be this affirmative defense.

Answer 1

Unclean hands

Question 2

In Virginia, a holographic will requires how many competent witnesses?

Answer 2

Zero. By definition, a holographic will is un-witnessed.

Question 3

The Virginia anti-lapse statute applies to the following (select all that apply):

a. inter vivos trusts
b. life insurance beneficiary designations
c. testamentary gifts
d. nonprobate transfers

Answer 3

C - testamentary gifts

Question 4

All active members of the Virginia State Bar must annual complete and certify attendance at a minimum of _______ credit hours of approved continuing legal education courses.

Answer 4

12 credit hours

Question 5

T/F: If an instrument contains contradictory terms:

• handwritten terms PREVAIL over printed terms,
• typewritten terms PREVAIL over both, and
• words PREVAIL over numbers.

Answer 5

True.

Question 6

Under the VA Rules of Professional Conduct, contingent fee arrangements between a lawyer and clients are prohibited in which types of cases?

Answer 6

• representing a defendant in a criminal case; and

- domestic relations matters (except in rare instances)

Question 7

What is the duration of a voting trust under the Virginia Stock Corporation Act?

Answer 7

Whatever period is stated in the voting trust agreement.

Question 8

Lottery tickets may be purchased with what two methods of payment?

Answer 8

(1) cash

(2) debit cards

Question 9

Under the Virginia Stock Corporation Act, what is the sole duty of the registered agent of a corporation?

Answer 9

The sole duty of the registered agent is to forward to the corporation at its last known address any process, notice, or demand that is served on the registered agent.

Question 10

Under the UCC, as adopted by VA, a “__________” is any practice or method of dealing having such regularity of observance to justify an expectation that it will be observed with respect to the transaction in question.

Answer 10

Usage of trade

Question 11

T/F: Under VA law, the privilege against self-incrimination applies to the taking of blood samples.

Answer 11

False. As under Federal law, under Virginia law, the privilege against self-incrimination does not apply tot he taking of blood samples.

Question 12

How is martial debt treated upon dissolution?

Answer 12

Martial debt can be apportioned like martial assets up to the date of the divorce decree.

Question 13

If the dwelling is rented for fewer than ______ days during the year, no deductions are allowed and income from the rental is not included in gross income.

Answer 13

15 days.

Question 14

All of the following are requirements for a valid holographic will EXCEPT (select all that apply):

a. must be dated
b. must be signed by the testator
c. must be entirely in handwriting
d. must be witnessed by at least two competent witnesses

Answer 14

A, C, and D.
A holographic will need not be dated. The presence of typewritten text does not affect the validity of the holographic will if the typewritten portion may be disregarded without violating the testator’s intent. Finally, to prove a holographic will in probate, two disinterested people must identify the testator’s handwriting; but there is no requirements that a holographic will be witnessed. A holographic will, be definition, is un-witnessed.

Question 15

Municipal powers are determined in accordance with the rule of construction known as Dillon’s Rule. Explain Dillon’s Rule

Answer 15

Under Dillon’s Rule, 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.

Question 16

T/F: Parental unfitness must be established by clear and convincing evidence before a court can terminate parental rights.

Answer 16

False.
Virginia courts have upheld the validity of section 16.1-283 – “termination of residual parents,” rejecting the argument that a finding of “unfitness” is required before parental rights can be terminated. Once a court finds that the factors in the statute are present, a further finding of parental unfitness is not necessary because that is tantamount to such a finding.

Question 17

Define a “Totten trust bank account.”

Answer 17

“Totten trust” is the term used to refer to an “A, trustee for B” bank account. Under such a bank account, A, the depositor, retains the passbook and continues to make deposits and withdrawals during her lifetime. Unlike a joint bank account, B has no access to the account during A’s lifetime. B succeeds to whatever is on deposit at A’s death.

Question 18

Under VA law, an unreasonable refusal to submit to a blood (or breathalyzer) test is admissible in evidence on a charge of driving while intoxicated for what purpose?

Answer 18

An unreasonable refusal to submit to a blood (or breathalyzer) test in Virginia is admissible in evidence on a charge of driving while intoxicated for the sole purpose of explaining the absence of a chemical test.

Question 19

What is a constructive trustee’s only duty?

Answer 19

A constructive trustee’s only duty is to convey the property to the person who would have owned it but for the fraud, undue influence, abuse of confidence, or mistake in the transaction that originated the problem.

Question 20

The U.C.C., as adopted by VA, provides that a holder who takes the instrument is a holder in due course if the following three requirements are met:

Answer 20

UCC provides that a holder in due course is a holder who takes the instrument:

1. for value;
2. in good faith; and
3. without notice

Question 21

What is a written accusation of a crime or a complaint for forfeiture of property or money, prepared and presented by a competent public official upon his oath of office?

Answer 21

• information

Question 22

What is the duration of a shareholder agreement under the Virginia Stock Corporation Act?

Answer 22

Whatever period is stated in the agreement

Question 23

The following torts have been abolished in Virginia (select all that apply):

a. adultery
b. alienation of affections
c. breach of promise
d. civil seduction

Answer 23

B, C, D.
The torts of alienation of affection, criminal conversation, breach of promise, seduction under breach of promise, and civil seduction have been abolished in Virginia.

Question 24

T/F: Under the Virginia Stock Corporations Act, a court MUST approve any settlement or discontinuance of a derivative proceeding.

Answer 24

True.
A derivative proceeding shall not be settled or discontinued without the court's approval.  If the court determines that the discontinuance or settlement will substantially affect the interests of the corporation's shareholders or a class of the corporation's shareholders, the court shall direct that notice be given to the shareholders affected.

Question 25

Proof of the facts necessary to establish a constructive trust must be made by what standard of proof?

Answer 25

Clear and convincing evidence

Question 26

What is the recitation to the accused of the charge on which he will be tried and calling on him to plead in open court called?

Answer 26

Arraignment

Question 27

Each general district court has a small claims court, with concurrent jurisdiction over claims that do not exceed $_____, exclusive of interest.

Answer 27

$5,000

Question 28

Which of the following taxes are deductible? (select all that apply)

a. state income taxes
b. non-business state sales taxes
c. personal property taxes
d. real property taxes

Answer 28

A, C, and D.
State and local income, real property, and personal property taxes are deductible.
Non-business state and local sales taxes are NOT deductible.

Question 29

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

Answer 29

60 days.

Question 30

A case appealed from a general district court to the circuit court is tried under what standard of review?

Answer 30

A case appealed to the circuit court is heard de novo.

Question 31

A motion to join an additional party must be filed with the clerk within ________ days after service of the complaint.

Answer 31

21 days

Question 32

Virginia follows the “Wigmore Rule” in determining the admissibility of confessions. Explain this rule.

Answer 32

Under the Wigmore Rule, the court determines the admissibility of confessions out of hearing of the jury, if so requested by the accused. The voluntariness of a confession is a factual question and the Commonwealth bears the burden of proving voluntariness by a preponderance of the evidence. If the court rules the confession is admissible, the jury has the duty of considering voluntariness only insofar as it affects the weight and credibility of the confession.

Question 33

T/F: Under the Virginia Stock Corporation Act, and unless otherwise provided for in the articles of incorporation, the shareholders of a corporation incorporated after December 31, 2005, have no preemptive right to acquire the corporation’s unissued shares upon the decision of the board of directors to issue them.

Answer 33

True

Question 34

T/F: The recitation of the Miranda warnings by the government to the accused serves to dissipate the taint of an illegal arrest.

Answer 34

False.
Whether a subsequent recitation of the Miranda warnings serves to dissipate the taint of an illegal arrest depends on (i) whether the Miranda warnings were given initially; (ii) the temporal proximity of the arrest and the confession; (iii) the presence of intervening circumstances; and (iv) the purpose of flagrancy of the police misconduct.

Question 35

Where expert witnesses are to testify in a civil action, the court may, at the request of all parties, allow each party to have how many of its expert witnesses remain in the courtroom?

Answer 35

One expert witness

Question 36

Under Article 3 of the UCC, as adopted by VA, a draft is a three-party commercial paper. Define “draft,” incorporation the following terms: “drawer,” “drawee,” and “payee.”

Answer 36

A draft is written and signed instruction by one party (the “drawer”) to another person (the “drawee”) ordering that the drawee pay money to still a third person (the “payee” or bearer).

Question 37

If a party has demanded trial by jury for only some of the issues, any other party within ______ days after service of the demand may serve a demand for trial by jury of any other or all of the issues of fact in the action.

Answer 37

10 days.

Question 38

Identify the following defense in divorce actions based on fault: Forgiveness of a martial offense constituting a divorce ground bars the right of divorce based on the offense.

Answer 38

Condonation

Question 39

All final judgments, orders, and decrees, irrespective of terms of court, shall remain under the control of the trial court and subject to be modified, vacated, or suspended for _____ days after the date of entry, and no longer.

Answer 39

21 days

Question 40

T/F: All verdicts must be unanimous in civil trials.

Answer 40

False. Verdicts must generally be unanimous, although counsel may agree to accept a majority decision. If the verdict is not unanimous, there is a “hung jury” and, consequently, a mistrial.

Question 41

Place the following actions in order in terms of their statutes of limitation, from shortest period of time to the longest period of time.
I. Attempt to produce abortion
II. Petit larceny
III. False statements or representations to obtain benefits under the Virginia Unemployment Compensation Act
IV. Misdemeanors

Answer 41

IV, I, III, II

Misdemeanors: one year
Attempt to produce abortion: two years
False statements or representations to obtain benefits under the Virginia Unemployment Compensation Act: three years
Petit larceny: 5 years

Question 42

The valid execution of a codicil that makes express reference to the revoked will would cause the will to be revived under the doctrine of “__________ of codicil.”

Answer 42

republication

Question 43

The Supreme Court of Virginia is comprised of how many justices?

Answer 43

The supreme court is comprised of seven justices elected for a term of 12 years.

Question 44

If the plaintiff is a minor at the time the cause of action accrues against a health care provider, the two-year statute of limitation period is not tolled if the minor is over the age of ________.

Answer 44

8 years

Question 45

If oral argument is permitted by the Virginia Court of Appeals, the court must give at least ______ days of advance notice to counsel of the date, time, and place for oral argument, except in extraordinary circumstances.

Answer 45

15 days

Question 46

The Court of Appeals of Virginia is comprised of how many judges?

Answer 46

The court of appeals consists of 11 judges who are elected for eight-year terms.

Question 47

Virginia is divided into how many districts?

Answer 47

32 districts

Question 48

Identify the warranty under the UCC, as adopted by Virginia, to which the following statement applies: Any affirmation of fact or promise made by the seller to the buyer, any description of the goods, and any sample or model creates this warranty if the statement, description, or sample or model is part of the basis of the bargain.

Answer 48

Express warranty

Question 49

Where children have a statutory duty to support their parents, there is an exception to this obligation if it is shown by what standard of proof that the child was deserted, neglected, abused, or not support by the parent prior to emancipation?

Answer 49

Substantial evidence

Question 50

A self-employment tax (Social Security) must be paid if income from self-employment exceeds what amount?

Answer 50

$400

Question 51

Penalties will be imposed if a taxpayer fails to pay at least what percentage of the tax due for the year?

Answer 51

90%

Question 52

T/F: Virginia does not recognize any common law marriages.

Answer 52

False. Virginia does not recognize common law marriages where the relationship was created in Virginia. However, Virginia does recognize common law marriages from another state that are valid in the state where the common law relationship was created, unless the parties are forbidden to marry under Virginia law.

Question 53

The scope of discovery in Virginia state courts is _________ Federal Rule 26(b).

Answer 53

Broader than.
The scope of discovery in Virginia state courts is broader than Federal Rule 26(b), which speaks of material that is relevant to the claim or defense of any party. Virginia uses an older test, allowing discovery into any topic that is relevant to the subject matter involved in the pending action.

Question 54

Courts not of record are called:

Answer 54

General district courts

Question 55

In Virginia, if settlement agreement provides for child support until age 21, what controls: the settlement agreement, or the statutory language which provides that judicial child support orders terminate when they reach age 18?

Answer 55

When a settlement agreement is entered into providing for child support until age 21, that agreement will control. The statutory language governs only when no agreement is reached.

Question 56

The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least _____ days prior to the next rent due date.

Answer 56

30 days

Question 57

Appeals from a court not of record generally lie as of right to the circuit court if the amount involved is more than $______.

Answer 57

$20.

Question 58

If a pleading, motion or affirmative defense sets up a new matter and contains words expressly requesting a reply, the adverse party shall within ______ days file a reply admitting or denying such new matter.

Answer 58

21 days. Note that if the pleading, motion, or affirmative defense does not contain words expressly requesting a reply, the allegation of new matter shall be taken as denied or avoided without further pleading.

Question 59

An indictment is a written accusation of crime, prepared by _______________, and returned “a true bill” upon the oath or affirmation of a legally impaneled regular grand jury.

Answer 59

An indictment is prepared by the attorney for the Commonwealth.

Question 60

T/F: The charge of committing an act of terrorism merges with a charge of murder if someone is killed during the act.

Answer 60

False. Terrorism is a separate offense and does not merge with any other substantive crime.

Question 61

Under the UCC, as adopted by Virginia, an action for breach of any contract for sale must be commenced within _______ year(s) after the cause of action has accrued.

Answer 61

four years

Question 62

Although the presumption that a child born during marriage is a martial child is strong, it can be overcome if __________ is presented.

Answer 62

sufficient evidence

Question 63

A magistrate is authorized to perform which of the following? (select all that apply)
A. Issue arrest and search warrants
B. Commit arrested persons to jail
C. Admit arrested persons to bail
D. Conduct preliminary hearings

Answer 63

All! A magistrate is a judicial or quasi-judicial officer authorized to issue arrest and search warrants, commit arrested person to jail or admit them to bail, or conduct preliminary hearings.

Question 64

What is the maximum number of witnesses whose depositions may be taken by a party?

Answer 64

There is no limit on the number of witnesses whose depositions may be taken by a party except by order of the court for good cause shown.

Question 65

T/F: In a motion to compel, the court has discretion in deciding whether to require the losing party to pay the prevailing party’s reasonable expenses, including attorney’s fees, unless the court finds that the opposition to the motion was substantially justified or that an award of expenses would be unjust.

Answer 65

FALSE.
The court MUST require the losing party to pay the prevailing party’s reasonable expenses, including attorneys’ fees unless the court finds that the opposition to the motion was substantially justified or that an award of expenses would be unjust.

Question 66

On September 18, 2015, Paul’s automobile was damaged in a two-car accident in Grundy, Virginia. On November 11, 2015, Paul paid $5,000 to have the damage to his automobile repaired. Under the applicable statute of limitations, what is the last day on which Paul can file suit in a general district court against the other driver to recover damages to his automobile?

Answer 66

September 18, 2020 - five years from date of the damage

Question 67

Under the Virginia Stock Corporation Act, what four items must the articles of incorporation include?

Answer 67

The articles of incorporation must set forth:

(1) a corporate name;
(2) the number of shares the corporation is authorized to issue;
(3) if more than one class or series of shares is authorized, the number of authorized shares of each class or series and distinguishing designation for each class or series; and
(4) the address of the corporation’s initial registered office, and the name of its initial registered agent at that office, and that the agent is either (i) an individual who is a resident of Virginia and either a director of the corporation or a member of the Virginia State Bar, or (ii) a domestic or foreign stock or non-stock corporation, limited liability company, or registered limited liability partnership authorized to transact business in the Commonwealth

Question 68

If the statute of limitation period for adverse possession is extended because of the plaintiff’s disability, the total cannot be longer than _____ years.

Answer 68

25 years

Question 69

A ____________ is a third-party neutral who facilitates communication between the parties and, without deciding the issues or imposing a solution on the parties, enables them to understand and resolve their dispute.

Answer 69

mediator