Civil Procedure (State)

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VIRGINIA SUPREME COURT

How many justices? ____

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VIRGINIA SUPREME COURT

How many justices? 7

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VIRGINIA SUPREME COURT--ORIGINAL JURISDICTION

Actions of:

(1) HABEAS _________;

(2) ___________;

(3) PROHIBITION; and

(4) DISCLIPLINING/________ OF JUDGES.

NOTE: The VA Supreme Court has ___________ jurisdiction in ALL OTHER CASES.

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VIRGINIA SUPREME COURT--ORIGINAL JURISDICTION

Actions of:

(1) HABEAS CORPUS;

(2) MANDAMUS;

(3) PROHIBITION; and

(4) DISCLIPLINING/REMOVAL OF JUDGES.

NOTE: The VA Supreme Court has APPELLATE jurisdiction in ALL OTHER CASES.

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COURT OF APPEALS

How many judges? ____

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COURT OF APPEALS

How many judges? 11

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COURT OF APPEALS--ORIGINAL JURISDICTION

This court has original jurisdiction to:

(1) PUNISH FOR __________.

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COURT OF APPEALS--ORIGINAL JURISDICTION

This court has original jurisdiction to:

(1) PUNISH FOR CONTEMPT.

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COURT OF APPEALS--APPELLATE JURISDICTION

This court may issue ___________ in any case over which it may exercise appellate jurisdiction.

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COURT OF APPEALS--APPELLATE JURISDICTION

This court may issue INJUNCTIONS in any case over which it may exercise appellate jurisdiction.

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COURT OF APPEALS--APPEALS AS OF RIGHT

These are allowed from FINAL ___________ or RULINGS granting or denying _________ in the following cases:

(1) _______ COURT DECISIONS ON ______________ AGENCY ____________;

(2) ___________ RELATIONS CASES; and

(3) FINAL ___________ OF WORKERS' _____________ COMMISSION.

Back 6

COURT OF APPEALS--APPEALS AS OF RIGHT

These are allowed from FINAL JUDGMENTS or RULINGS GRANTING OR DENYING INJUNCTIONS in the following cases:

(1) CIRCUIT COURT DECISIONS ON ADMINISTRATIVE AGENCY APPEALS;

(2) DOMESTIC RELATIONS CASES; and

(3) FINAL DECISIONS OF WORKERS' COMPENSATION COMMISSION.

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COURT OF APPEALS--APPEALS BY PETITION

The following are appealable by petition:

(1) FINAL DECISIONS OF ________ COURTS in _________ and ___________ CASES other than those where the _________ SENTENCE HAS BEEN IMPOSED.

A ______, COUNTY, or _______ may appeal DECISIONS DECLARING LOCAL ___________ INVALID except where a violation is made a __________ by statute.

Back 7

COURT OF APPEALS--APPEALS BY PETITION

The following are appealable by petition:

(1) FINAL DECISIONS OF CIRCUIT COURTS in TRAFFIC and CRIMINAL CASES other than those where the DEATH SENTENCE HAS BEEN IMPOSED.

A CITY, COUNTY, or TOWN may appeal DECISIONS DECLARING LOCAL ORDINANCES INVALID except where a violation is made a MISDEMEANOR by statute.

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CIRCUIT COURTS--JURISDICTION

These are courts of _________ JURISDICTION in BOTH _____ AND _______.

These courts have APPELLATE JURISDICTION to hear _________ COURT CASES DE _______.

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CIRCUIT COURTS--JURISDICTION

These are courts of GENERAL JURISDICTION in BOTH LAW AND EQUITY.

These courts have APPELLATE JURISDICTION to hear DISTRICT COURT CASES DE NOVO.

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COURTS NOT OF RECORD (GENERAL DISTRICT COURTS)

Virginia is divided into ____ DISTRICTS.

Procedure is by _______ WARRANT or MOTION FOR ___________.

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COURTS NOT OF RECORD (GENERAL DISTRICT COURTS)

Virginia is divided into 32 DISTRICTS.

Procedure is by CIVIL WARRANT or MOTION FOR JUDGMENT.

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COURTS NOT OF RECORD (GENERAL DISTRICT COURTS)--CIVIL JURISDICTION

These courts have __________ ORIGINAL JURISDICTION where the AMOUNT CLAIMED DOES NOT _______ $4,500.

These courts have ___________ JURISDICTION where the AMOUNT CLAIMED IS ________ $4,500 and __________.

They may ____ grant _________.

Their power to give AFFIRMATIVE ___________ RELIEF is LIMITED TO _________ OF PERSONALTY.

Each general district court also has a _____ CLAIMS COURT, w/ concurrent jurisdiction over claims that DO ____ EXCEED $2,000.

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COURTS NOT OF RECORD (GENERAL DISTRICT COURTS)--CIVIL JURISDICTION

These courts have EXCLUSIVE ORIGINAL JURISDICTION where the AMOUNT CLAIMED DOES NOT EXCEED $4,500.

These courts have CONCURRENT JURISDICTION where the AMOUNT CLAIMED IS BETWEEN $4,500 and $15,000.

They may NOT grant INJUNCTIONS.

Their power to give AFFIRMATIVE EQUITABLE RELIEF is LIMITED TO PARTITION OF PERSONALTY.

Each general district court also has a SMALL CLAIMS COURT, w/ concurrent jurisdiction over claims that DO NOT EXCEED $2,000.

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NONJOINDER AND MISJOINDER

NONJOINDER results from a/an _________ of parties.

MISJOINDER results from a/an _________ of parties.

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NONJOINDER AND MISJOINDER

NONJOINDER results from a DEFICIENCY of parties.

MISJOINDER results from an EXCESS of parties.

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NONJOINDER AND MISJOINDER

Neither is a ground for ________ or ABATEMENT but can be cured by _______ to the court, or by the court ____ ________, at any stage of the case.

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NONJOINDER AND MISJOINDER

Neither is a ground for DEMURRER or ABATEMENT but can be cured by MOTION to the court, or by the court SUA SPONTE, at any stage of the case.

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ASSIGNED K'S

COMPLETE ASSIGNMENTS are enforceable IN ______.

PARTIAL ASSIGNMENTS must be enforced IN _______.

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ASSIGNED K'S

COMPLETE ASSIGNMENTS are enforceable IN LAW.

PARTIAL ASSIGNMENTS must be enforced IN EQUITY.

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ASSIGNED TORT LIABILITY

_________ INJURY CLAIMS are ____ normally assignable, but OTHER ______ CLAIMS ARE.

CLAIMS FOR _______ MALPRACTICE also CANNOT be assigned.

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ASSIGNED TORT LIABILITY

PERSONAL INJURY CLAIMS are NOT normally assignable, but OTHER TORT CLAIMS ARE.

CLAIMS FOR LEGAL MALPRACTICE also CANNOT be assigned.

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CHANGE OF PARTIES

All actions in law or equity (EXCEPT ________ and ________) SURVIVE THE DEATH OF ALL PARTIES.

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CHANGE OF PARTIES

All actions in law or equity (EXCEPT DIVORCE and INJUNCTIONS) SURVIVE THE DEATH OF ALL PARTIES.

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WRONGFUL DEATH

A wrongful death action must be brought by the DECEDENT'S ____________ _____________.

There is ___ STATUTORY ________ ON AMOUNT OF _________.

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WRONGFUL DEATH

A wrongful death action must be brought by the DECEDENT'S PERSONAL REPRESENTATIVE.

There is NO STATUTORY LIMIT ON AMOUNT OF DAMAGES.

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Tests the legal sufficiency of the claims stated in the pleading being challenged.

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DEMURRER: Tests the legal sufficiency of the claims stated in the pleading being challenged.

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NOTICE OF APPEAL

Must be filed w/ the clerk of the trial court w/i __ DAYS after entry of final judgment.

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NOTICE OF APPEAL

Must be filed w/ the clerk of the trial court w/i 30 DAYS after entry of final judgment.

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Petitions the court to include in the record documents necessary to reach a decision.

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MOTION CRAVING OYER: Petitions the court to include in the record documents necessary to reach a decision.

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NONJOINDER

Results from a/an _______ of parties.

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NONJOINDER

Results from a DEFICIENCY of parties.

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MISJOINDER

Results from a/an _______ of parties.

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MISJOINDER

Results from an EXCESS of parties.

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Gives in personam jurisdiction over nonresidents as to certain causes of action arising from activities engaged in by them or resulting from ownership of property by them in VA.

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LONG-ARM STATUTE: Gives in personam jurisdiction over nonresidents as to certain causes of action arising from activities engaged in by them or resulting from ownership of property by them in VA.

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ACTIONS AT LAW

Commenced by filing what?

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ACTIONS AT LAW

Commenced by filing a MOTION FOR JUDGMENT.

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SUITS IN EQUITY

Commenced by filing what?

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SUITS IN EQUITY

Commenced by filing a BILL OF COMPLAINT.

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STATUTE OF LIMITATIONS

For personal injuries (physical)?

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STATUTE OF LIMITATIONS

Personal injuries (physical) = 2 years

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STATUTE OF LIMITATIONS

For fraud?

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STATUTE OF LIMITATIONS

Fraud = 2 years from discovery

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STATUTE OF LIMITATIONS

For injury to property?

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STATUTE OF LIMITATIONS

Injury to property = 5 years

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STATUTE OF LIMITATIONS

For wrongful death?

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STATUTE OF LIMITATIONS

Wrongful death = 2 years

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STATUTE OF LIMITATIONS

For written K's?

Back 29

STATUTE OF LIMITATIONS

Written K's = 5 years

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STATUTE OF LIMITATIONS

For unwritten K's?

Back 30

STATUTE OF LIMITATIONS

Unwritten K's = 3 years

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STATUTE OF LIMITATIONS

For right of contribution among joint tortfeasors?

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STATUTE OF LIMITATIONS

Right of contribution among joint tortfeasors = 3 years

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STATUTE OF LIMITATIONS

For domestic judgments?

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STATUTE OF LIMITATIONS

Domestic judgments = 20 years

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STATUTE OF LIMITATIONS

For defamation?

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STATUTE OF LIMITATIONS

Defamation = 1 year

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An action whose object is to try title and obtain possession.

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EJECTMENT: An action whose object is to try title and obtain possession.

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The object of this is to recover possession.

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UNLAWFUL ENTRY AND DETAINER: The object of unlawful entry and detainer is to recover possession.

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The object of this is to recover specific personal property.

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DETINUE: The object of this is to recover specific personal property.