Handouts And Prior Exams

Front 1

What is the non-resident motorist act

Back 1

Plaintiff can bring a cause of action against the owner or operator of a motor vehicle involved in an accident in the Commonwealth

Hint 1

A plaintive can bring the cause of action under the non-resident motorist art, which allows jurisdiction over the owner or operator of a motor vehicle involved in an accident in the Commonwealth

Front 2

What are the two issues most important when considering the defendants contacts in the forum state For personal jurisdiction

Back 2

Purposeful availment and foreseeability

Front 3

When determining the relatedness of the defendant to the forum what are the two considerations

Back 3

General versus specific jurisdiction

Front 4

What are the three issues to consider in determining the fairness of bringing an action and a particular forum for purposes of jurisdiction

Back 4

Convenience, the states interest, and the plaintiffs interest

Front 5

International shoe applies to in rem and quasi- in rem cases what is the rule of international shoe

Back 5

A corporation may be subject to the jurisdiction of a state court if it has minimum contacts with the state

Front 6

What does a Demurrer challenge

Back 6

Misjoinder of claims, lack of subject matter jurisdiction, lack of personal jurisdiction, failure to state a cause of action. any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer. All demurrers shall be in writing and shall state specifically the grounds on which the demurrant concludes that the pleading is insufficient at law. No grounds other than those stated specifically in the demurrer shall be considered by the court. A demurrer may be amended as other pleadings are amended.

Front 7

Is a pre-injury release from liability from negligence form which must be signed in order for a person to participate in an activity void for public policy reasons Virginia

Back 7

Yes

Front 8

What’s the difference between bequest and devise

Back 8

Bequest is a gift of personal property in a will and devise is a gift of real property in a will

Front 9

If spouses divorce prior to death and a will of one of the spouses leaves property to the other is the will revoked by operation of law when they divorce

Back 9

Yes

Front 10

When a will is revoked by operation of law after espouses divorce and one of those spouses dies how is the other former spouse treated according to law

Back 10

The other spouse is treated as if she pre-the ceased the divorced spouse and any bequest to that spouse lapses but the anti-lapse statute will not apply

Front 11

What happens to lapsed bequests

Back 11

They fall into the residuary of the estate

Front 12

Does a tenancy by the entirety become a tenancy in common upon divorce

Back 12

Yes

Front 13

What’s the wife’s marital share of her husband’s decedents estate

Back 13

1/3

Front 14

What’s the wife’s marital share of her husband’s decedents estate

Back 14

1/3

Front 15

How does a person make a claim of succession based on the relationship between a child born out of wedlock and a deceased parents

Back 15

Within one year of the date of death of that parent an affidavit by the child or by someone acting for the child alleging parenthood must be filed in the clerks office of the circuit court where the property is located. The standard is clear and convincing

Front 16

Is a showing a fraud or other wrongdoing required before a court will impose a constructive trust

Back 16

No a showing of fraud or other wrongdoing is not required. For example when the property is given or devised to a defendant in breach of a donors or testator’s contract with a plaintiff . In equity a court will impose a constructive trust even though there was no fraud and no knowledge

Front 17

Is a demurrer sufficient if it simply states that the opposing party failed to plead a cause of action

Back 17

No it’s not sufficient. Demurrer must state specific grounds and the judge may only look to the face of the plaintiffs pleading in ruling

Front 18

What is the family allowance for a wife when a husband dies

Back 18

$24,000 or $2000 a month plus a $20,000 Homestead allowance. These claims take priority over all other claims except cost administration

Hint 18

$24,000 or $2000 a month plus a $20,000 Homestead allowance. These claims take priority over all other claims except cost administration

Front 19

How much money from the decedent husband’s estate does a wife get if all of the children from her husband or her own issue

Back 19

The wife gets 100% of the husband’s estate

Front 20

What happens if an instrument purporting to create a survivorship interest cannot be declared. a tenancy by the entirety because the parties are not married?

Back 20

The purported tenancy by the entirety will create a joint tenancy with right of survivorship.

Front 21

What are the formalities involved in filing a demurrer

Back 21

Demurrer in Virginia circuit court must be filed in writing within 21 days after service of process unless the judge grants leave for more time to file

Front 22

What is an irrevocable agency

Back 22

An agency coupled with an interest or a power given as security

Front 23

What are the English warranties

Back 23

**Covenant of right to convey, **covenant of quiet enjoyment, **covenant of free from encumbrances, **covenant of further assurances

Front 24

What is the doctrine of merger in a real property sales transaction

Back 24

Under the doctrine of merger of a previous contract is extinguished by an instrument of higher dignity, a deed, but it only applies to the issue of the deed

Front 25

What are the requirements for a deed to be valid

Back 25

**Meet certain formalities, **be delivered by the grantor, **be excepted by the grantee

Front 26

Is a lien discovered on a property after sale likely to create a cause of action by the buyer against the seller

Back 26

Only if there is damage. The holder of the lien must take action against the buyer to enforce it before damage arises and the cause of action is incurred

Front 27

And Virginia does mitigation of damages need to be specifically pleaded in order for a person to assert it

Back 27

No, mitigation of damages while an affirmative defense does not need to be specifically pleaded . It may be adduced from the evidence at trial

Front 28

Does statute of limitations need to be specifically pled as an affirmative defense in order to be raised at trial

Back 28

Yes, statute of limitations must be specifically pled as an affirmative defense in order to be raised a trial

Front 29

Why is it that mitigation of damages does not have to be pled as an affirmative defense unlike other affirmative defenses for example statute of limitations

Back 29

Unlike most affirmative defenses, mitigation of damages is not a defense that if proven constitutes an absolute bar to the plaintiffs claim. It could be a reason for reducing damages but not a bar to recovery

Front 30

What are the familiar affirmative defenses which must be pled because they constitute an absolute defense

Back 30

Statute of limitations, absence of proper parties, res judicata, Usery, prior award, infancy, bankruptcy, denial of partnership, bona fide purchaser, denial of essential jurisdictional fact alleged in the bill.

Front 31

When must affirmative defenses be raised

Back 31

Rule 38A requires responsive pleadings to be filed within 21 days of service on the defendants affirmative defenses must be raised in responsive pleadings

Front 32

What is the warranty of merchantability

Back 32

Goods must be at least of average quality properly packaged, and labeled, and fit for the ordinary purpose they are intended to serve

Front 33

What is the warranty of fitness for a particular purpose

Back 33

If the seller knows the purpose for which the goods are intended the seller impliedly warrants that the goods being sold or suitable for that purpose

Front 34

What is the UCC knockout rule

Back 34

If there is a contract inconsistent terms will be knocked out and replaced with UCC gap filler’s

Front 35

What warranty does the as is requirement relate to

Back 35

The as is requirement for disclaimer relates to the warranty of merchantability. As is must be prominently displayed to disclaim

Front 36

What is gross negligence in Virginia

Back 36

Gross negligence in the Commonwealth is described as the utter disregard of prudence amounting to complete neglect of the safety of another emphasizing the importance of deliberate conduct

Front 37

Do cities have immunity from simple negligence and operating parks in recreational facilities

Back 37

Yes cities have immunity from simple negligence in Virginia in operating parks and recreational facilities however they remain liable for gross and want to negligence for operating these facilities

Front 38

Is maintenance of a sidewalk a governmental or proprietary function

Back 38

The supreme court of Virginia has held that maintenance of the sidewalk is a proprietary function

Front 39

Defined demurrer

Back 39

Pleading that challenges the legal sufficiency of the factual allegations in the complaint. It challenge in defects in the pleadings not the evidence

Front 40

What are the elements of negligent entrustment and virginiia

Back 40

When the vehicle owner knew or had reasonable cause to know he was intrusting his vehicle to an unfit driver likely to cause injury to others. If intoxicated knowledge or imputable knowledge the person was addicted to or had a habit of drinking

Front 41

Does a locality in the Commonwealth have a duty to correctly construct and maintain streets and roads

Back 41

Yes, the duty exists, and if the locality is on actual or constructive notice of an issue it may be held liable

Front 42

What is another term to describe proprietary functions in Virginia

Back 42

Discretionary functions

Front 43

When a municipality adopts a plan for construction of public streets is it a governmental function

Back 43

Yes

Front 44

When a city adopts a plan which is defective for streets or highway is the city liable

Back 44

No the city is not liable when it adopts a defective plan for streets or highways, but may be liable for defective construction or maintenance

Front 45

Does a principal have a duty to compensate a sub agent

Back 45

No the principal has no duty to compensate a sub agent even if the agent had authority to hire the sub agent.

Front 46

What are the duties owed by a principal to his agent

Back 46

If appointed with proper authority a principle owes an agent all duties imposed by contract plus reasonable compensation, reimbursement for expenses, cooperation, and non-interference

Front 47

If a sub agent is unauthorized does he owe duties to the principal

Back 47

No a sub agent who is not authorized owes no duties to the principal but he does owe duties to the agent

Front 48

What is the level of liability an agent has to the principal for breaches of a sub agent

Back 48

Absolute liability

Front 49

Can an uninporated. organization be a principal

Back 49

NO, NO, NO

Front 50

What are the capacity requirements of agents and principal

Back 50

The principal must have contractual capacity but the agent must have minimal capacity

Front 51

What elements are required to create an agency relationship

Back 51

Capacity, consent, a writing if required

Front 52

Are contractual waivers in forcible in Virginia

Back 52

No in Virginia contractual waivers such as customer agrees that garage is not liable for loss are disfavored and generally not enforceable in Virginia. They are not a Defense

Front 53

What is apparent authority

Back 53

Apparent authority is where a third-party reasonably believes based on manifestations of the principle that the agent is authorized and arises out of the principal holding out the agent as authorized

Front 54

Over what matters does juvenile and domestic relations court have concurrent jurisdiction with circuit court in VA

Back 54

Custody, visitation, support of child, custody under habeas corpus, termination of residual parents rights, spousal support after separation, petitions to obtain services for a minor

Front 55

If divorce proceedings are handled in circuit court what family matters go exclusively to juvenile court

Back 55

Spousal support, spousal abuse, intra-family offenses, commitment, custody of abused children, mentally ill children, children separated from parents, desertion, non-support, minors charged, protective orders, emancipation of Minors

Front 56

At what age may children charged with felonies be transferred to circuit court

Back 56

15

Front 57

Does General District Court have power to hear applications for mandamus on freedom of information act issues

Back 57

Yes

Front 58

What must be done to perfect an appeal to General District Court

Back 58

Note the appeal in writing, file the required bond, deposit costs and the writ tax with general district

Front 59

What cases may be appealed from General District Court to circuit court

Back 59

Within 10 days any action where the amount in controversy exceeds $50 of which implicates the constitutionality of a statute or ordinates

Front 60

What is the standard a circuit court will use to review a general district court decisions

Back 60

Denovo

Front 61

Who must post an appeal bond in circuit court

Back 61

Indigent parties are required to file the bond only to appeal landlord tenant cases, trespass, ejectment, recovery of rent

Front 62

Who does not have to post appeal bond for circuit court review

Back 62

Estate, minor conviction, incompetent person, city, county, town, the Commonwealth

Front 63

Does General District Court have power to award equitable relieve

Back 63

No General District Court cannot enter an injunction

Front 64

What is the equal dignities rule

Back 64

See: the statute of frauds. Equal dignity‘s rule requires that if an agent is handling a transaction for a principal that requires a writing, there must also be a writing to form the agent principal relationship. Note: VA does NOT require a signed contract for a real estate agent

Front 65

What is the landlords remedy against the tenant in possession in other words what is the landlords remedy in a landlord tenant case

Back 65

To bring in action for unlawful entry or detainer it Has to be brought within three years from the unlawful entry or detainer. judgment for possession is not a bar in a subsequent action of trespass or ejectment but only a bar to rents or damages claimed

Front 66

Describe a petition for detinue

Back 66

The object is to recover specific personal property or it’s alternate value along with damages for detention. Plaintiff must have a general or special interest in the property and a right to immediate possession. If detention was unlawful the actual lies whether or not the defendants original possession was unlawful. Plaintiff may be granted immediate possession pendent lite on application of the judge showing her bases for claiming entitlement to the property and posting bond. Defendant may recover property prior to trial by posting bond

Front 67

What is an option for declaratory relief or declaratory judgment

Back 67

The object is to obtain a declaration of right with or without consequential relief. Actual controversy must exist. Jury trial may be had on specific questions of fact unless the claim is equitable. If takings or damages without compensation is found the court may appoint a special commissioner to proceed as if an eminent domain

Front 68

Are there ever compulsory counter claims in Virginia

Back 68

No

Front 69

Is a cross claim in Virginia ever compulsory

Back 69

No they are always permissive but most grow out of the matter pleaded in the plaintiffs complaint and must be brought by one defendant against another defendant

Front 70

If a party does not move for a continuance before the return date in General District Court must the motion be denied unless she shows a continuance is in the best interest of justice

Back 70

Yes under these conditions the motion must be denied unless she shows continuance is in the best interest of justice

Front 71

What is a motion for a bill of particulars

Back 71

Ask the court to require the other side to amplify her pleading it’s similar to a federal motion for more definite statement

Front 72

What is the purpose of a special appearance

Back 72

Where the defend it asserts that the court lacks personal jurisdiction or that service of process was never made

Front 73

What is the special plea

Back 73

Also known as a plea and bar of recovery, it would include affirmative defenses like statute of limitations or Resjudicata and may be raised separately as a motion to dismiss or stated like affirmative defenses in the answer

Front 74

What does Virginia call affirmative defenses

Back 74

Virginia calls affirmative defenses special pleas

Front 75

What’s the Virginia version of same transaction or occurrence

Back 75

The same conduct transaction or occurrence

Front 76

Will misjoinder alone in a case cause it to be dismissed

Back 76

No the parties will be correctly aligned

Front 77

What are the defenses that require special sworn pleading affidavits

Back 77

If the defendant asserts ** lack of genuineness of hand writing, **lack of corporate or partnership or **agency status, **lack of ownership or operation of property or instrumentality ,he must do so in a sworn pleading or affidavit such documents or called verified

Front 78

What is the comparison between magic numbers in federal court and magic numbers in Virginia court

Back 78

Everything that you have 30 days to do in federal court per the rules of civil procedure do you have 21 days to do in Virginia

Front 79

Is there a limit on the number of depositions that may be taken in Virginia court

Back 79

There is no limit on the number of depositions in Virginia court but in federal court you cannot take more than 10 depositions or depose someone twice without court permission

Front 80

What is a minor in Virginia

Back 80

A minor is someone under age 18

Front 81

As a defendant can a minor be sued in her name

Back 81

Yes but only if the clerk or the court is requested to appoint a guardian ad litem for litigation who must be present throughout trial if no guardian ad litem is appointed but the minor is represented by a lawyer who is entered an appearance for the minor the judgment will be valid with one exception there must be a guardian ad litem in a suit to encumber a minors land

Front 82

Can a convict who is in custody be sued individually

Back 82

No a committee must be appointed

Front 83

If a convict sues does he wave a Committee

Back 83

Yes if the convict Sue’s in his own name he waives the committee

Front 84

Do causes of action in Virginia survive the death of any plaintiff or defendant

Back 84

Yes but the plaintiffs executor will make a motion to substitute himself as plaintiff

Front 85

If a party has a change in civil status for example becomes insane or under a disability or convicted and goes to jail does a case that he filed as plaintiff survive

Back 85

Yes but it must be revived in the representatives name

Front 86

On the counter claim how long does the defendant have to file after service of process

Back 86

21 days

Front 87

And General District Court how long does a defendant have to file a counterclaim

Back 87

Anytime before trial

Front 88

Do counterclaims have to be transactionally related

Back 88

No counter claims can be for any claim under any theory the defendant has against plaintiff

Front 89

Can a counter claim by the defendant exceed a plaintiffs claim

Back 89

Yes

Front 90

Does a cross claim have to be transactionally related to the underlying case

Back 90

Yes

Front 91

How to handle issues of service on cross-claims does there need to be formal service

Back 91

There is some argument that formal service of process is no longer required but to be safe say that it should be required

Front 92

When should an impleader be filed

Back 92

The defendant has a right to file impleader not later than 21 days after he served his first responsive pleading after that he needs to leave the court

Front 93

What is Virginia law on impleader

Back 93

Defending party can implead anyone who may owe in indemnity or contribution on the underlying claim

Front 94

What is Virginia law on impleader

Back 94

Defending party can implead anyone who may owe in indemnity or contribution on the underlying claim

Front 95

Can the General District Court hear in an interpleader case

Back 95

Yes as long as it is for $25,000 or less and does not involve an injunction

Front 96

Is intervention allowed in General District Court

Back 96

No only in circuit court

Front 97

Under what conditions will a defendant be found in default for failure to file timely responsive pleadings

Back 97

Defendant has 21 days to file a responsive pleading after the service of process and if the defendant does not do so the defendant is in default

Front 98

Prior to the entry of judgment may a Court grant leave to a defendant who is in default to file a late responsive pleading

Back 98

Yes for a good cause shown the court may grant leave to file a late responsive pleading

Front 99

What is the Virginia rule on responsive pleadings

Back 99

Rule 3:8

Rule 3:19

Front 100

What are the circumstances that allow the court to exercise it’s discretion on allowing late responsive pleadings

Back 100

The court may consider extending the time for filing based on **lack of prejudice to the opposing party, **the good faith of the moving party, **the promptness of the moving party in **responding to the opposing parties decision to progress with the cause, **the existence of a meritorious claim or a substantial defense, **the existence of legitimate extenuating circumstances, and **justified belief that the suit has been abandoned or will be allowed to remain dormant on the docket

Front 101

How does the appellate court determine whether the trial court abused it’s discretion

Back 101

the consideration is only whether the record fairly supports the trial courts action, the appellate court does not substitute it’s judgment for that of the trial court. The abuse of discretion standard also includes review to determine that the discretion was not guided by erroneous legal conclusions

Front 102

Is a determination whether the trial court abused it’s discretion fact specific

Back 102

Yes the determination of whether the trial court abused its discretion is fact specific but a review in court will also determine whether there were any erroneous conclusions of law

Front 103

Under what circumstances may a default judgment be set aside

Back 103

The default judgment can be set aside when the Motion for judgment in the action fails to stay the cause of action

Front 104

Does the defendant in default give up the right of a jury trial

Back 104

Yes the defendant in default Is deemed to have waived any right to trial of issues by jury per rule 3:19

Front 105

If the defendant fails to file a responsive pleading is he in default

Back 105

The failure to plead responsibly to the plaintiff’s motion for judgment is an admission that the plaintiff was entitled to recover some damages the only issue before the trial court after the defendant default is the amount of damages to be awarded.

Front 106

What’s the difference between a trespasser, licensee and invitee

Back 106

What Is an Invitee?

There are two categories of invitees: business invitees and public invitees. Business invitees are invited onto a premises for business dealings with the property owner or possessor. Examples include restaurant patrons and retail store customers.

Public invitees are members of the public who have the right to be on the premises. Those who visit a public park or library while it’s open—and are therefore not trespassing—are considered public invitees.

Property owners and possessors owe invitees the HIGHEST DUTY OF CARE; they must keep their premises reasonably free of dangerous conditions by performing regular inspections and fixing hazards in a reasonable amount of time or posting clearly visible warnings. Even if an invitee creates a dangerous condition—for example, if a grocery store customer spills a gallon of milk on an aisle—the property owner may be held liable for any resulting injuries if the hazard had existed on the premises for so long that it should have been discovered through the exercise of reasonable diligence.

What Is a Licensee?

Like invitees, licensees are invited onto the premises, but not for the benefit of the property owner. Most social guests are considered licensees. Even if a licensee is formally invited onto a property, they are NOT OWED THE SAME DUTY OF CARE as invitees. While property owners must still notify licensees about known hazards, they don’t have a specific duty to inspect the premises before allowing licensees to enter.

What Is a Trespasser?

Unlike invitees and licensees, trespassers do not have a lawful right to be on the premises. It may seem unfair, but property owners still owe a duty of care to trespassers. They cannot, for example, set up traps to injure trespassers.

Front 107

What are the spousal testimony privileges in Virginia

Back 107

19.2-271.2. Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section).

In criminal cases, persons married to each other shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled to be called as a witness against the other, except (i) in the case of a prosecution for an offense committed by one against the other, against a minor child of either, or against the property of either; (ii) in any case where either is charged with forgery of the name of the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the other; or (iii) in any proceeding relating to a violation of the laws pertaining to criminal sexual assault (§§ 18.2-61 through 18.2-67.10), crimes against nature (§ 18.2-361) involving a minor as a victim and provided that the defendant and the victim are not married to each other, incest (§ 18.2-366), or abuse of children (§§ 18.2-370 through 18.2-371). The failure of either spouse to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by any attorney.

Except in the prosecution for a criminal offense as set forth in clause (i), (ii), or (iii), in any criminal proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects to disclosure. For the purposes of this section, "confidential communication" means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.

Front 108

Is evidence that shows or tends to show that the defendant has committed a prior crime admissible to prove the crime charged

Back 108

No

Front 109

Is evidence of other or prior crimes admissible as proof of modus operandi or signature

Back 109

Yes

Front 110

Is evidence of other crimes admissible if it tends to prove any fact in issue even though it also tends to show the defendant is guilty of another crime

Back 110

Yes

Front 111

Where evidence of a separate crime is used to establish the identity of the accused is that all that is required in order to allow admission of the separate crime into evidence

Back 111

No more is generally required merely proving the repeated commission of crimes of the same class generally the device used to commit the crime or the manner in which the crime was committed must be so distinctive as to indicate a modus operandi or act as a signature

Front 112

In Virginia there are two marital privileges what are they short version

Back 112

The so-called take the stand privilege in which a spouse can determine whether he or she wishes to take the stand to testify in the second privilege is the marital communication privilege the marital communication privilege is a privilege to cut off the spouse from testifying about comments that were clearly intended to be confidential

Front 113

When a grantor of land conveys a deed describing The property for sale as bounded by a road or street is the purchaser of the land entitled to use the Road or Street

Back 113

The rule in Virginia according to the Supreme Court is that if the Deed describes land that is bound by a Road or Street the fee of which is vested in the grantor he implies that such right of way exists and that the grantee acquires the benefit of it

Front 114

What is the formal title of the individual who is named to manage the estate of someone who had a will but their executor was not available to serve

Back 114

It is administrator CTA which is a Latin term and I don’t know what it means

Front 115

What are the requirements that must be alleged and proven in an action in detinue

Back 115

**The plaintiff has a current property right in the property, **plaintiff must have a right to immediate possession,

**the property must be capable of possession,

**the property must have some value,

**defendant must have had possession of the property prior to filing the suit

** plus a bond must be posted

Front 116

Will equitable conversion or specific performance be ordered in a land contract if there are changed circumstances not contemplated by the parties and if such an order would lead to an inequitable result

Back 116

No neither specific performance nor equitable conversion will be ordered by the court if they were changed circumstances not contemplated by the parties and such an order would lead to an inequitable result

Front 117

If a mailing address for an in state or out of state motorist cannot be ascertained for purposes of service of process who is the default recipient of service

Back 117

The commissioner of the department of motor vehicles will be deemed the Courier agent for service of process and an action arising out of operation of a motor vehicle in the commonwealth.

Front 118

What is the Virginia state supreme court’s Definition of entrapment ?

Back 118

Entrapment is conception and planning of offense by officer and his procurement of its commission by one who would not have perpetrated it except for trickery, persuasion, or fraud of officer.

Front 119

In Virginia how many jurors are required In a felony criminal trial

Back 119

12 Persons from a panel of not less than 20 shall constitute a jury in a felony case. Seven persons from a panel of not less than 13 shall constitute a jury in a misdemeanor case

Front 120

Virginiia if counsel or the accused or not able to agree on the full number of persons to be stricken from a jury pool how would the issue be resolved

Back 120

The Clerk shall place in a box ballots bearing the names of the jurors whose names have not been stricken and shall cause to be drawn from the box such number of ballots as may be necessary to complete the number of strikes allowed the party or parties failing or refusing to strike

Front 121

How does Virginia statute define burglary

Back 121

If any person break and enter the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, he shall be guilty of burglary, punishable as a Class 3 felony; provided, however, that if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

Front 122

Does both breaking and entering have to be established in a burglary in Virginia if it occurs at night

Back 122

No. Only in entering but not a break-in as required want to statutory burglary is committed in the night time.

Front 123

Does both breaking and entering have to be established in a burglary in Virginia if it occurs at night

Back 123

No. Only in entering but not a break-in as required want to statutory burglary is committed in the night time.

Front 124

What the common law definition of burglary

Back 124

The unlawful entry of a building at night with the intent to commit a felony therein

Front 125

Do expressions such as as is, with all faults, or other language which in common understanding call the buyers attention to the exclusion of warranties serve to sufficiently just claim and implied warranty of merchantability

Back 125

Yes unless the “circumstances indicate otherwise” but this is an important distinction

Front 126

What are the elements of fraud in the inducement

Back 126

The elements of fraud in the inducement are intentional misrepresentation of a material fact not discoverable by reasonable inspection, center,

Scienter (knowledge),reliance, detriment, and damages damages