Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
28 Cards in this Set
- Front
- Back
|
Statute of limitations for breach of K for sale of goods?
|
2 years
|
|
|
How long is a VA Circuit Court judgment lien effective?
|
20 years
|
|
|
Standard of proof in a civil action based on fraud?
|
Clear and convincing evidence
|
|
|
What proceeding must joint tenants of real property w/ right of survivorship institute to sell property if the other joint tenants refuse to sell?
|
Partition
|
|
|
What are the responsibilities of a general partner in a general partnership?
|
o Duty of loyalty;
o Duty of care; and o Duty to disclose information material to partnership affairs |
|
|
No judgment shall be entered in a VA Circuit Court against a D not served w/ process within ____ MONTHS after commencement of a suit, unless P acted w/ due diligence in attempting service.
|
12 MONTHS
|
|
|
Reciting charges to an accused on which he'll be tried and calling on him to plead in open court.
|
ARRAIGNMENT: Reciting charges to an accused on which he'll be tried and calling on him to plead in open court.
|
|
|
BILL OF REVIEW
Lies from any final decree issued by a trial court sitting in chancery so long as the bill is filed w/i _______ after the date of the decree. |
6 MONTHS
|
|
|
What element of proof distinguishes murder from manslaughter?
|
Malice
|
|
|
The sovereign immunity defense is available to a municipality which has committed a tort while performing a ____________ function.
|
The sovereign immunity defense is available to a municipality which has committed a tort while performing a GOVERNMENTAL function.
|
|
|
A trust which provides a fund for beneficiaries of one other than the grantor, and secures it against the beneficiaries' own improvidences and places it beyond a creditor's reach.
|
SPENDTHRIFT TRUST: A trust which provides a fund for beneficiaries of one other than the grantor, and secures it against the beneficiaries' own improvidences and places it beyond a creditor's reach.
|
|
|
Statute of limitations for prosecution of a misdemeanor of petit larceny?
|
5 YEARS
|
|
|
A person who, knowing a felony to have been committed by another who is unrelated to him, receives, relieves, or assists the felon.
|
ACCESSORY AFTER THE FACT: A person who, knowing a felony to have been committed by another who is unrelated to him, receives, relieves, or assists the felon.
|
|
|
Powers granted to a locality that are essential and indispensable to the declared purpose and objectives of the local government.
|
DILLON'S RULE: Powers granted to a locality that are essential and indispensable to the declared purpose and objectives of the local government.
|
|
|
Unless he has a familial or prior professional relationship, a lawyer may NOT solicit by in-person communication for professional employment for compensation in the following cases:
(1) ____________________ (2) ____________________ |
Unless he has a familial or prior professional relationship, a lawyer may NOT solicit by in-person communication for professional employment for compensation in the following cases:
(1) PERSONAL INJURY CASES (2) WRONGFUL DEATH CASES |
|
|
Such indifference to others as constitutes an utter disregard of caution amounting to a complete neglect of the safety of another person and is such as would shock fair-minded people.
|
CRIMINAL NEGLIGENCE: Such indifference to others as constitutes an utter disregard of caution amounting to a complete neglect of the safety of another person and is such as would shock fair-minded people.
|
|
|
Type of trust created to prevent fraud.
|
CONSTRUCTIVE TRUST: Type of trust created to prevent fraud.
|
|
|
In determining subject matter jurisdiction for an action to be brought in federal district court, diversity is determined as of...
|
In determining subject matter jurisdiction for an action to be brought in federal district court, diversity is determined as of the date WHEN THE CAUSE OF ACTION IS FILED.
|
|
|
In the course of determining the equitable distribution of marital property, the court normally should value such property as of what date?
|
The date of the evidentiary hearing
|
|
|
Under Art. 2 of the UCC of VA, a sale of goods for $____ or more is not enforceable unless there is some writing signed by the party to be charged.
|
Under Art. 2 of the UCC of VA, a sale of goods for $500 or more is not enforceable unless there is some writing signed by the party to be charged.
|
|
|
Mutuality of ___________ and _________ are required to be shown in order to get the remedy of specific performance at common law.
|
Mutuality of OBLIGATION and REMEDY are required to be shown in order to get the remedy of specific performance at common law.
|
|
|
Identify the two remedies available in equity where a K is found to be based on mutual mistake of fact.
|
Recission and reformation
|
|
|
Pleading used by D in equity to raise an issue of fact which, if true, is sufficient to end the controversy in his favor.
|
SPECIAL PLEA: Pleading used by D in equity to raise an issue of fact which, if true, is sufficient to end the controversy in his favor.
|
|
|
An action for libel or defamation must be filed w/i __ YEAR(S) after the cause of action accrued.
|
An action for libel or defamation must be filed w/i 1 YEAR after the cause of action accrued.
|
|
|
Action used in VA by one NOT in possession to try title to real estate.
|
EJECTMENT: Action used in VA by one NOT in possession to try title to real estate.
|
|
|
The proceeding which a judgment creditor must undertake to obtain the funds in a bank account of a judgment debtor.
|
GARNISHMENT: The proceeding which a judgment creditor must undertake to obtain the funds in a bank account of a judgment debtor.
|
|
|
In an action at law, D has _______ to file a responsive pleading.
|
In an action at law, D has 21 DAYS to file a responsive pleading.
|
|
|
A civil action to recover P's personal property unlawfully withheld by D.
|
DETINUE: A civil action to recover P's personal property unlawfully withheld by D.
|
