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43 Cards in this Set
- Front
- Back
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What are the statutory bases for general personal JX?
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-D resides in state
-D is served in state |
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What are the 7 statutory bases for specific personal JX?
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-Causes tortious injury by an act in state
-Causes tortious injury in state by act outside of state (if regularly engages in business in state) -K to supply things in state -Realty in state -Transacts ANY business in state -Injury in state by warranty where sale was out of state -Domestic relations -Non-Resident Motorist Act (process served on Commissioner of Motor Vehicles) |
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What is the constitutional test for personal JX?
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Does D have such minimum contact with the forum so that the exercise of JX does not offend traditional notions of fair play and substantial justice?
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What are the elements of minimum contacts?
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1. Purposeful availment
2. Foreseeability |
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What are the elements of fair play and substantial justice?
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1. Relatedness between claim and forum
2. Convenience 3. State's interest |
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What is the subject matter JX of circuit courts?
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Court of general JX (except can't hear personal property claims for $4,500 or less).
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What is the subject matter JX of GDC?
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-Original JX for claims where AIC is $4,500 or less.
-Concurrent JX w/ CC for claims $4,501-$15,000 |
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What cases are appealable from GDC to CC?
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Cases where AIC is more than $50. Must be appealed within 10 days.
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Who has JX over small claims? What is the AIC limit?
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GDC has concurrent JX. AIC is $5,000.
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What type of cases require that venue be in a specific location?
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-Land (where located)
-Wills (where probated) -Injunctions (where subject action done) -Actions involving state and local officials |
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What will justify a change in venue?
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-Parties agree, or
-To avoid substantial inconvenience to parties or witnesses |
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What types of service of process are available?
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(Descending order rule):
-Personal service -Substituted service -Posted service ("nail and mail") |
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What is substituted service?
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Serve (1) a member of D's family who is at least 16 and not mere guest at (2) D's usual abode and (3) tell person of contents.
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What is the service of process curing statute?
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Any written process that actually reaches the person to be served is effective service.
NOTE: does not apply to divorce and annulment. |
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What motion should be filed if pleadings that should be annexed are not?
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A motion craving oyer.
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What pleadings standard is required?
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Every pleading must state facts on which the party relies such that it informs opposing party of true nature of claim.
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How are pleadings made in the GDC?
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P obtained a printed-form "civil warrant" from clerk of court or files his own "motion for judgment"; served by sheriff.
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How does D object to personal JX?
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D must make a special appearance to raise objection first and by itself or it is waived.
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What does D file if service was improper?
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File a motion to quash
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What does D file if P failed to state a claim/cause of action?
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A demurrer
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What does D file to make affirmative defenses?
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A special plea
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How can the time be extended for parties to file pleadings/motions?
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Can be done at the court's discretion.
NOTE: court can't extend time for motion to change venue unless it extends time to file a responsive pleading. |
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What does D file if he wants more details about P's case?
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A bill of particulars.
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How do counterclaims work in VA?
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All counterclaims are ALL permissive.
They need not be transactionally related to P's claim. Must be against all Ps jointly. |
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How do cross-claims work in VA.
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They are all permissive.
They must be transactionally related to underlying case. Can be asserted against 1 of several co-parties. |
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How is joinder of necessary third parties different in VA?
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In VA, a case will not be dismissed for nonjoinder of necessary parties (=no "indispensable" parties).
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What is interpleader?
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Where a holder of money/property wants to force all others with claims to litigate in a single proceeding.
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What is an action in detinue?
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An action to recover for wrongful detention of goods (P can get immediate ex parte possession if describes in verified petition right & risk of removal--must post 2x bond).
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What is an action for declaratory judgment?
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Litigant wants declaration of rights in situation where there's actual controversy (can also seek damages/injunction/etc. in it)
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What is an action for unlawful detainer?
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Basically allows a landlord to oust a tenant and recover possession of realty (can also get back rent and damages to property).
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What is a nonsuit?
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A voluntary dismissal. P gets 1 as of right unless:
-Jury is deliberating (or submitted to court for decision) -Motion to strike the evidence is granted -Demurrer/special plea is fully argued and awaiting decision |
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How many jury members are there for a case involving more than $15,000?
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7
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How many jury members are there for a case involving $15,000 or less?
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5
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What is the smallest number of jurors that can be used?
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3 if both parties consent.
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What is JMOL called in VA?
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Motion to strike the evidence.
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How many jurors must agree for a verdict?
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It must be unanimous, unless there are only 3 jurors, in which case only 2 have to agree.
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What is RJMOL called in VA?
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Motion to set aside the verdict as contrary to the evidence (motion to strike the evidence need not have been made at trial).
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What happens if damages are excessive but not to the point where they shock the conscience?
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Court can order "remittitur", whereby P can accept a reduced award or the judge will order a new trial.
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What happens if damages are obviously inadequate?
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Court can order "additeur", whereby D can accept an higher amount of damages or the judge will order a new trial (now allowed in fed court because of the 7th A).
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What happens during the 21 days after CC enters final judgment?
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Case is "in the breast of court"; court can suspend, vacate, or modify the judgment or decree.
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What is a bill of review?
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For equity caes only, a party can seek review of final decree for up to 6 months after entry of judgment (trumps breast of court rule).
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When can you appeal from CC to VA Court of Appeals?
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Only for divorce, adoption, custody, support, and some admin cases. All other cases are NOT appealable to the Court of Appeals.
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What is the minimum amount in controversy to appeal from the CC to the VA Supreme Court?
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Amount on appeal must involve at least $500. Appeal is ALWAYS discretionary.
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