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28 Cards in this Set

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  • 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.