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36 Cards in this Set

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VIRGINIA SUPREME COURT

How many justices? ____
VIRGINIA SUPREME COURT

How many justices? 7
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.
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.
COURT OF APPEALS

How many judges? ____
COURT OF APPEALS

How many judges? 11
COURT OF APPEALS--ORIGINAL JURISDICTION

This court has original jurisdiction to:

(1) PUNISH FOR __________.
COURT OF APPEALS--ORIGINAL JURISDICTION

This court has original jurisdiction to:

(1) PUNISH FOR CONTEMPT.
COURT OF APPEALS--APPELLATE JURISDICTION

This court may issue ___________ in any case over which it may exercise appellate jurisdiction.
COURT OF APPEALS--APPELLATE JURISDICTION

This court may issue INJUNCTIONS in any case over which it may exercise appellate jurisdiction.
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.
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.
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.
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.
CIRCUIT COURTS--JURISDICTION

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

These courts have APPELLATE JURISDICTION to hear _________ COURT CASES DE _______.
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.
COURTS NOT OF RECORD (GENERAL DISTRICT COURTS)

Virginia is divided into ____ DISTRICTS.

Procedure is by _______ WARRANT or MOTION FOR ___________.
COURTS NOT OF RECORD (GENERAL DISTRICT COURTS)

Virginia is divided into 32 DISTRICTS.

Procedure is by CIVIL WARRANT or MOTION FOR JUDGMENT.
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.
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.
NONJOINDER AND MISJOINDER

NONJOINDER results from a/an _________ of parties.

MISJOINDER results from a/an _________ of parties.
NONJOINDER AND MISJOINDER

NONJOINDER results from a DEFICIENCY of parties.

MISJOINDER results from an EXCESS of parties.
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.
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.
ASSIGNED K'S

COMPLETE ASSIGNMENTS are enforceable IN ______.

PARTIAL ASSIGNMENTS must be enforced IN _______.
ASSIGNED K'S

COMPLETE ASSIGNMENTS are enforceable IN LAW.

PARTIAL ASSIGNMENTS must be enforced IN EQUITY.
ASSIGNED TORT LIABILITY

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

CLAIMS FOR _______ MALPRACTICE also CANNOT be assigned.
ASSIGNED TORT LIABILITY

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

CLAIMS FOR LEGAL MALPRACTICE also CANNOT be assigned.
CHANGE OF PARTIES

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

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

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

There is ___ STATUTORY ________ ON AMOUNT OF _________.
WRONGFUL DEATH

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

There is NO STATUTORY LIMIT ON AMOUNT OF DAMAGES.
Tests the legal sufficiency of the claims stated in the pleading being challenged.
DEMURRER: Tests the legal sufficiency of the claims stated in the pleading being challenged.
NOTICE OF APPEAL

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

Must be filed w/ the clerk of the trial court w/i 30 DAYS after entry of final judgment.
Petitions the court to include in the record documents necessary to reach a decision.
MOTION CRAVING OYER: Petitions the court to include in the record documents necessary to reach a decision.
NONJOINDER

Results from a/an _______ of parties.
NONJOINDER

Results from a DEFICIENCY of parties.
MISJOINDER

Results from a/an _______ of parties.
MISJOINDER

Results from an EXCESS of parties.
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.
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.
ACTIONS AT LAW

Commenced by filing what?
ACTIONS AT LAW

Commenced by filing a MOTION FOR JUDGMENT.
SUITS IN EQUITY

Commenced by filing what?
SUITS IN EQUITY

Commenced by filing a BILL OF COMPLAINT.
STATUTE OF LIMITATIONS

For personal injuries (physical)?
STATUTE OF LIMITATIONS

Personal injuries (physical) = 2 years
STATUTE OF LIMITATIONS

For fraud?
STATUTE OF LIMITATIONS

Fraud = 2 years from discovery
STATUTE OF LIMITATIONS

For injury to property?
STATUTE OF LIMITATIONS

Injury to property = 5 years
STATUTE OF LIMITATIONS

For wrongful death?
STATUTE OF LIMITATIONS

Wrongful death = 2 years
STATUTE OF LIMITATIONS

For written K's?
STATUTE OF LIMITATIONS

Written K's = 5 years
STATUTE OF LIMITATIONS

For unwritten K's?
STATUTE OF LIMITATIONS

Unwritten K's = 3 years
STATUTE OF LIMITATIONS

For right of contribution among joint tortfeasors?
STATUTE OF LIMITATIONS

Right of contribution among joint tortfeasors = 3 years
STATUTE OF LIMITATIONS

For domestic judgments?
STATUTE OF LIMITATIONS

Domestic judgments = 20 years
STATUTE OF LIMITATIONS

For defamation?
STATUTE OF LIMITATIONS

Defamation = 1 year
An action whose object is to try title and obtain possession.
EJECTMENT: An action whose object is to try title and obtain possession.
The object of this is to recover possession.
UNLAWFUL ENTRY AND DETAINER: The object of unlawful entry and detainer is to recover possession.
The object of this is to recover specific personal property.
DETINUE: The object of this is to recover specific personal property.