1
Q
Motion in Limina
A
Legal request to exclude certain evidence from trial
2
Q
Notice of appeal
A
must be filed in the circuit court within 30 days of entry of final order of judgement being entered
3
Q
Misnomer
A
mistake of the name of the person in the legal proceedings.
4
Q
Misjoinder
A
wrong party is sued
5
Q
Wrongful death
A
must be filed within 2 years
6
Q
Personal injury
A
must be filed within 2 years for adult. For child - does not start until 18.
7
Q
Contract dispute
A
must be filed within 5 years
8
Q
SOL for Fraud
A
must be filed within 2 years of discovery of fraud
9
Q
Sale of goods
A
4 years
10
Q
Personal Jurisdiction
A
VA only applicable when the out of state D causes tortious injury in VA by act or omission.
11
Q
SMJ
A
a court must have jurisdiction over the subject matter of the litigation
12
Q
What is SMJ?
A
the authority to hear and decide a general type of suit. Granted by the VA const and cannot be waived by the parties.
13
Q
What happens if a court lacks SMJ?
A
its judgment is void and can be directly or collaterally attacked
14
Q
VA SC has what jurisdiction?
A
appellate jurisdiction over all other courts in virginia and original jurisdiction in certain cases.
15
Q
When does the SC have original jurisdiction?
A
Habeaus corpus; mandamus; prohibition; claims of actual innocence; matters of judicial censure; certification of questions of state law.
16
Q
when does the SC have appellate jurisdiction?
A
any judgment or controversy concerning the title to boundaries of land; the condemnation of property; the probate of will; appointment of representative; mill roadway ferry landing; levy tolls or taxes; construction of any statute, ordinance; final judgment of any civil case
17
Q
What is an En Banc hearing?
A
the court may sit with no fewer than 8 judges. Need majority concurrence.
18
Q
when will an en banc hearing be used?
A
when there is dissent in the panel that originally heard the case.
19
Q
When does the court of appeals have original jurisdiction?
A
to punish for contempt; to issue writ of mandamus; any judge of the court of appeals will exercise initially the authority concerning injunctions vested in a justice of the SC.
20
Q
Appellate jurisdiction
A
as a general rule, the court of appeals has appellate jurisdiction over criminal and domestic relations matters.
21
Q
Who can appeal to the court of appeals?
A
aggrieved parties from; any final decision of a circuit on appeal from: a decision of an administrative agency, a grievance hearing decision.
22
Q
Petition for appeal
A
an aggrieved party may petition for an appeal from any final conviction in a circuit court of a traffic violation or a crime. Death sentence must appeal directly to SC
23
Q
When are the decisions of the court of appeals deemed final?
A
deemed final, unless upon a petition for review to the SC, it determines that the decision of the COA involves a substantial constitutional question as to determantive issue or matters of precedential value.
24
Q
when can the SC review a case before the court of appeals?
A
if the case is of such imperative public importance as to justify deviation from normal appellate practice. Docket of the COA is full and justice requires.
25
What jurisdiction do the circuit courts have?
General and original over all civil matters for which the amount in controversy exceeds $25k.
Appellate jurisdiction over decisions of general district court and juvenile and domestic relations courts.
26
In what other matters can the circuit court exercise jurisdiction?
proceedings by quo warranto; the issue of writ of mandamus; cases involving validity of ordinance or bylaw; cases pertaining to probate or wills; divorce proceedings.
27
When does the General district court have exclusive jurisdiction?
over claims for $4500 or less.
28
When does the GDC have concurrent jurisdiction with circuit court?
claims over $4500 and less than $25K.
29
What other claims does the GDC have jurisdiction over?
cases involving attachment, actions of unlawful entry or detainer; actions confered
30
When does small claims court have concurrent jurisdiction over with the general district court?
when a tort claim or contract action when the amount claimed does not exceed 5K
31
When can a party appeal from GDC to CC?
a party may appeal a decision when the amount in controversy is greater than $50, case involves the constitutionality or validity of a VA statute.
32
Juvenile and domestic relations courts exercise jurisdiction over matters involving:?
custody, visitation, support, control of disposition of a child; admission of minors for inpatient treatment; decisions requiring parental consent, medical decisions; any person charged with deserting, abuse neglect.
33
in addition to SMJ a court must also have jurisdiction over the parties. Which is called?
Personal Jurisdiction
34
In personam jurisdiction
gives a court the power to award judgment imposing personal liability on the defendant.
35
When can the court assert pj?
a court may assert pj over a party solely on the basis of the party being served with process within the jurisdiction.
36
What is a domicile?
a basis for jurisdiction even if the service is made outside of the state. Requires the maintenance of a residence of physical presence in the state.
37
what does express consent do?
PJ may be conferred by the consent of the defendant. A person may expressly consent to PJ by designating an agent in VA to accept service.
38
what is implied consent?
When the P files suit, P impliedly consents to PJ. if the D appears and defends on the merits without raising an objection to jurisdiction, the objection waived then D has impliedly consented.
39
what is a non resident motorist?
by operating a vehicle in VA, a nonresident motorist is deemed to have appointed DMV as his agent for service of process in any action growing out of any accident in the state.
40
When does a defendant satisfy the constitutional due process requirements for long arm jurisdiction?
The defendant must have certain minimum contacts with the forum state, such that maintenance of a suit does not offend traditional notions of fair play and substantial justice.
41
When may the VA long arm statute exercise PJ?
for acts arising from:
1) transacting any buisness in VA
2) contracting or supplying services in VA
3) causing tortious injury in VA by act or omission
4) causing tortious injury outside of VA
5) having interest or property in VA
6) having executed an agreement in VA
7) matrimonial domicile in VA
8) having incurred liability or taxes
42
PJ over a party is not effective unless?
The party has been properly notified that an action has been commenced against him. The D is served with a copy of P's initial pleading.
43
What is the service of process for civil proceedings?
The process is by means of a summons, with the plaintiff's complaint attached.
44
When is service of process timely?
if accomplished within 12 months of the commencement of the action against the D. Or if the court determines that the P exercised due diligence in attempting to timely serve the D.
45
what is a special appearance?
When a D who has not been served within one year of the commencement of the action. makes a special appearance to file a motion to dismiss
46
What happens if the P did not exercise due diligence to have timely service?
the court must dismiss the action
47
when must the D file a responsive pleading?
within 21 days
48
Who is authorized to serve process?
a sheriff in the political subdivision in which he serves and in any contiguous county or city, and any person 18 or older who is not a party or otherwise interested in the subject matter controversy.
49
what is personal service?
The primary manner in which the process is served is by delivering a copy of the process to the defendant personally at his usual place of abode.
50
what is substituted service?
if the party to be served is not at their abode, a copy of the process may be left at the D's abode with a member of the family who is 16 years or older. Such that the person receiving process is given info as to the nature of the process.
51
What if service cannot be left with a family member?
a copy of the process can be posted to the front door of the residence.
52
what happens if service is posted to the front door of a residence?
Must also mail complaint at least 10 days before any default judgment may be entered. The party making service must mail to the party served a copy of the process and thereafter file a certificate with the clerk.
| after diligent attempts to provide service
53
What is service by publication?
if personal service or substituted service doesn't work. An order of publication may be used to notify the person of the action against them.
54
Service of process on a non resident outside of VA may be made by?
any person authorized to serve process in the jurisdiction where the party to be served is located; or any person 18 or older who is not a party or otherwise interested in the subject matter of the controversy.
55
Process may be served on domestic corporations by?
Personal service on any officer, director or registered agent, or the clerk of the state corporation commission.
56
service on foreign corporations may be served by?
Personal service on any officer, director or registered agent. Clerk of the state corp commission.
57
what is the 21 day rule?
After entry of a final judgment, a case rests in the breast of the court" for 21 days. after 21 days the trial court has no further jurisdiction over the case
58
When should a juror be stricken for cause?
When a potential juror is related to a party, has any interest in the case being tried, or has expressed an opinion or bias in the matter, he can be stricken from the panel
59
what is preservation of error?
Issues raised on appeal for the first time will not be considered by the appellate court unless the ends of justice exception applies. Trial counsel must have objected to the issue and given the trial judge a chance to rule on it.
60
what must the complaint include?
must be captioned with the name of the court, names of the parties, ask for specific relief sought. must state the amount of money
61
how long to answer a complaint?
21 days
62
what is a motion for a bill or particulars?
asks the plaintiff to amplify his pleading in the case
63
what is a motion to dismiss?
the D may file a motion to dismiss based on any grounds that would result in dismissal of the suit.
Common grounds:
Failure to state a cause of action → Demurrer
Lack of subject matter jurisdiction → Motion to dismiss
Lack of personal jurisdiction → Special appearance + motion
Improper service → Motion to quash
Statute of limitations → Plea in bar
64
what is a demurrer?
a pleading stating that although the facts alleged in a complaint may be true, they are insufficient to state a claim for relief and for the D to frame an answer.
| Eg. Time barred, failed to insert necessary party, fails to state legal
65
what is a default judgement?
a D is in default if he does not answer a complaint within 21 days.
66
what is a counterclaim?
a D may plead as a counterclaim any cause of action that the defendant has against the plaintiff, whether it aroses out of the action in the complaint or not.
67
how long to respond to a counterclaim?
21 days
68
what is a cross-claim?
D can file a claim against other defendants growing out of any matter pleading in the complaint.
69
Timing of cross claim?
must be filed within 21 days after service of the summons.
70
what is impleader?
At any time after the commencment of the action, a D may file and serve a third party complaint on a person not a party to the action, who may be liable in part or whole for damages.
71
what is statutory interpleader?
Whenever any person is or may be exposed to multiple liabilities, such person may file a pleading and require other parties to interplead their claims
72
what is a bill of particular?
If D wants more details about P's case, he moves for a Bill of Particulars. If fail to file, court can enter summary judgment.
73
what is a misjoinder of claims?
Can join claims arising from same transaction or occurrence. If join unrelated claims, it is a misjoinder of claims.
74
GDC discovery
No discovery as a general matter. Can compel witness's attendance at trial through subpoena and subpoena duces tecum ("bring the stuff with you"). Should file request for subpoena at least 15 days prior to trial, after that must show good cause.
75
circuit court discovery
No required disclosures. Everything you have 30 days for in fed. ct. you have 21 days in VA (e.g., interrogatories). Max interrogatories is 30, no limit on depositions. Can use SDT to get info from third parties.
Material must be "reasonably calculated to lead to admissible evidence"). Discovery narrower for divorce, habeas corpus, eminent domain. Can refer a party to documents where answers can be found if done with sufficient detail.
76
what is a necessary party?
Necessary same as in fed. ct. Also, statute lets a court order joinder as the ends of justice require. Unlike fed., no such thing as "indispensable," court won't dismiss for nonjoinder.
77
what is a declaratory judgment?
Circuit only. Litigant wants declaration of rights in situation where there's actual controversy (so it's not just an advisory opinion). In that or a later proceeding, can seek consequential relief: e.g., damages or an injunction.
| Preventative measure to prevent future litigation
78
SOL for PI?
2 years
79
SOL for nonphysical personal torts?
2 years
80
Defamation sol?
1 year
81
property damage sol?
5 years
82
Property damage for sales covered by ucc sol?
4 years
83
Fraud sol?
2 years from discovery
84
wrongful death SOL?
2 years from death
85
Written contract sol?
5 years
86
Unwritten contract sol?
3 years
87
Unlawful detainer sol?
3 years from detention
88
what is a nonsuit?
P decides to drop case.
89
how many non suits does a plaintiff get?
Has a right to do so once without prejudice unless any of these is true:
1) Jury is retired from the bar (deliberating);
2) Non-jury case is submitted to court for decision;
3) Motion to strike the evidence is sustained/granted;
4) Demurrer or special plea is fully argue + awaiting decision
P should refile against D within 6 months or the limitations period, whichever is longer.
90
what is summary judgment?
pre-trial motion to end a case if there are no genuine disputes over material facts, meaning one party is entitled to judgment as a matter of law
91
what is partial summary judgment?
may be entered as to the undisputed portion of a contested claim, or on the issue of liability alone, although there is a genuine issue as to the amount of damages.
92
right to jury
VA const. expressly preserves the common law right of a trial by jury in all civil actions
93
how may a party demand trial by jury?
In the complaint, or must file a written demand within 10 days after service of the last pleading, served upon other parties and filed with the trial court.
94
what is a bill of review?
Procedure used to challenge a final court decision in Circuit Court after the court has lost jurisdiction (21 days after the final order). It provides a mechanism to re-examine a case based on specific grounds, primarily error of law apparent on the record or newly discovered evidence
95
what is Res Judicata?
prevents relitigating claims already decided by a final judgment on the merits
96
what is a motion to set aside the verdict?
may be granted when the jury verdict is contrary to the evidence or without evidence to support it.
97
Motion to set aside the judgment?
this may be used in instances of fraud, accident, surprise or mistake that would justify the setting aside of a judgment and ordering a new trial.
98
what are the steps in filing an appeal?
must be a final judgment; file notice of appeal within 30 days of the final judgment; designate the appellate court, pay filing fees, serve opposing counsel
99
what must be included in notice to appeal?
Transcript deadline: 60 days after final judgment
Written Statement of Facts deadline: 55 days after final judgment
Must be signed by the judge
100
what courts have general jurisdiction?
Circuit courts of VA
101
what courts have limited jurisdiction?
General district court
102
Monetary limit for GDC?
50k
103
where is venue proper?
where the D resides or has principal office, where cause of action arose, where the property is located if land dispute.
104
what motions may be raised before pleading?
Demurrer, motion to dismiss, plea in bar
105
is discovery automatic in VA?
No discovery must be requested
106
what are the tools of discovery?
depositions, interrogatories, request for production, request for admission, subpoenas
107
Is subject matter jurisdiction waivable in Virginia?
no
108
Is venue waivable in Virginia?
yes
109
What facts are assumed true on demurrer?
Well-pleaded facts.
110
Motion attacking vague pleadings?
Motion for a bill of particulars
111
What is “subject matter jurisdiction”
It’s the court’s power to hear the type of case. Cannot be waived, can be raised anytime, and court can raise it sua sponte. If missing, judgment is void.
112
What is a counterclaim?
Defendant’s claim against plaintiff; can be compulsory/permissive depending on rules
113
What is a crossclaim?
Claim by one defendant against another defendant arising from same transaction/occurrence.
114
What is a counterclaim?
Defendant’s claim against plaintiff; can be compulsory/permissive depending on rules
115
What is a crossclaim?
Claim by one defendant against another defendant arising from same transaction/occurrence.
116
What is summary judgment in Virginia?
A pretrial device to resolve claims where there is no genuine dispute of material fact and movant is entitled to judgment as a matter of law; Virginia courts are cautious with it.
117
What can’t the court do on summary judgment?
Weigh credibility or resolve factual disputes.
118
What evidence supports or defeats summary judgment?
affidavits, admissions, documents—anything in admissible form/usable form
119
What is a nonsuit
Plaintiff’s voluntary dismissal without prejudice; plaintiff typically gets one nonsuit as of right
120
When is nonsuit available as of right?
Before a motion to strike is submitted to the court, before the case is submitted to the factfinder
121
What’s the legal effect of nonsuit on statute of limitations?
Plaintiff may refile and typically gets a 6-month saving period
122
Can a defendant nonsuit?
No — nonsuit is plaintiff-controlled.
123
What if plaintiff nonsuits but there’s a counterclaim?
Counterclaim can proceed; nonsuit may not wipe it out depending on posture
124
What is a motion to sever?
Requests separate trials for claims/parties to avoid prejudice/confusion or for convenience.
125
Motion to dismiss for failure to state a claim Virginia equivalent?
Demurrer
126
Motion for default judgment what must plaintiff still prove?
That the D was properly served and failed to respond, that D was no a minor or incompetent, evidence of the claims liability and damages
127
What is “plea in bar”?
A defensive pleading raising a single dispositive issue (e.g., SOL, res judicata) that can be tried by the court.
128
What is a motion to strike at trial
Requests the court remove a claim/defense from jury consideration because evidence is insufficient as a matter of law.
129
When do you make a motion to strike?
At the close of plaintiff’s evidence and again at close of all evidence to preserve the issue.
130
What is a motion to set aside the verdict?
Post-verdict request that the court vacate verdict
131
What is remittitur?
Court reduces excessive damages
132
What is personal jurisdiction
The court’s power to bind a particular defendant to its judgment, obtained through proper service of process and constitutionally sufficient contacts with Virginia.
133
Is personal jurisdiction waivable in Virginia?
Yes. Unlike subject matter jurisdiction, PJ is waived if not timely raised.
134
How does PJ differ from subject matter jurisdiction?
PJ concerns power over the person and can be waived; subject matter jurisdiction concerns power over the type of case and can never be waived.
135
What two things are required for personal jurisdiction?
A statutory basis (Virginia long-arm statute or in-state service), and
(2) Constitutional due process (minimum contacts + fairness).
136
What happens if a court lacks personal jurisdiction and defendant timely objects?
The court must dismiss or quash service; any judgment entered would be invalid as to that defendant
137
Can a court raise personal jurisdiction on its own?
No. PJ is a personal defense that must be asserted by the defendant.
138
What is the constitutional source of PJ limits?
The Due Process Clause (minimum contacts, fairness).
139
What are the two types of personal jurisdiction?
General jurisdiction and specific jurisdiction.
140
What is general personal jurisdiction?
Jurisdiction over a defendant for any claim, even if unrelated to the forum contacts.
141
When does Virginia have general jurisdiction over an individual?
their ties to the Commonwealth are so continuous, systematic, and substantial that they are essentially "at home" there, regardless of where the specific cause of action arose. This typically applies to residents, domiciliaries, or those served with process while physically present in Virginia
142
Common long-arm statutory bases tested?
Transacting business in Virginia
* Contracting to supply services or goods in Virginia
* Causing tortious injury in Virginia
* Owning or using real property in Virginia
143
What does “transacting business” mean?
Purposeful activity directed at Virginia, even a single act if the claim arises from it.
144
What is required for tort-based PJ besides injury?
Purposeful availment—defendant must reasonably anticipate being haled into Virginia court.
145
What is purposeful availment?
Defendant deliberately engages in activities within Virginia or targets Virginia residents.
146
What does “arising out of” mean?
There must be a nexus between defendant’s Virginia contacts and the plaintiff’s claim.
147
Motion to quash service what does it do?
Challenges defective service of process; attacks personal jurisdiction, not subject matter jurisdiction.
148
When must a motion to quash be filed?
Before answering or making a general appearance, or the defect is waived.
149
Motion to dismiss for lack of personal jurisdiction purpose?
Asserts defendant lacks sufficient contacts with Virginia or was improperly served.
150
Motion for SMJ?
To assert the court lacks authority to hear the type of case (e.g., equity claim in GDC).
Not waivable
Anytime, even on appeal
151
When should a defendant file a motion to transfer venue?
When venue is statutorily improper or inconvenient. Must be raised before or with first responsive pleading.
152
What is a demurrer and when is it used?
A demurrer asserts that even if all facts alleged are true, the pleading fails to state a legally sufficient cause of action. It is filed before answering.
153
When should a bill of particulars be requested?
When allegations are too vague to respond to, even if legally sufficient.
154
What is a plea in bar and when is it used?
It raises a single, dispositive factual defense that bars recovery (e.g., statute of limitations, res judicata, release).
| before or a the time of filing the answer
155
When should summary judgment be used in Virginia?
When there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
156
What is a nonsuit and when may it be taken?
Plaintiff’s voluntary dismissal without prejudice. One nonsuit is allowed as of right before:
a motion to strike is submitted, or
the case is submitted to the factfinder
Effect: Plaintiff may refile within 6 months
157
When should a motion to compel be filed?
When a party fails to respond or responds inadequately to proper discovery requests.
Result: Court orders compliance; sanctions possible
158
What does a motion to strike at trial do?
Argues that no reasonable jury could find for the opponent, even viewing evidence favorably.
Timing:
Close of plaintiff’s evidence
Renew at close of all evidence
159
Motion to Set Aside Verdict when should this be used?
After a jury verdict that is contrary to law or evidence.
Timing: Within 21 days of final judgment
160
Motion for New Trial what grounds justify a new trial?
Prejudicial error, misconduct, or verdict against evidence.
161
What is a motion for default judgment in Virginia?
A request for judgment against a defendant who fails to file a timely responsive pleading after being properly served.
162
What is required before default judgment can be entered?
Proper service
Failure to timely respond
Motion by plaintiff
Proof of damages
163
What is joinder in Virginia civil procedure?
Joinder refers to the rules governing who may be joined as parties and what claims may be joined in a single lawsuit.
164
What is misjoinder?
Misjoinder occurs when parties or claims are improperly joined under Virginia’s joinder rules.
165
Does misjoinder require dismissal of the entire case?
No. Misjoinder is not grounds for dismissal of the action.
166
What is the usual remedy for misjoinder?
Severance or dropping parties/claims, not dismissal.
167
What is claim joinder?
The ability of a party to assert multiple claims against an opposing party in a single action.
168
Must joined claims arise from the same transaction or occurrence?
No. That limitation applies to party joinder, not claim joinder.
169
What is permissive joinder of parties?
Allows multiple plaintiffs or defendants to be joined if certain conditions are met.
170
What is the test for permissive joinder in Virginia?
Claims arise out of the same transaction or occurrence, and
There is a common question of law or fact.
171
When is a party considered necessary?
Complete relief cannot be accorded without them, or
Their absence may impair their interests or expose existing parties to inconsistent obligations.
172
What is an “indispensable party”?
A necessary party whose absence requires dismissal because the case cannot proceed equitably without them.
173
Common example of compulsory joinder?
All parties to a contract in a contract rescission action.
174
What is a declaratory judgment?
A court judgment that declares the rights, status, or legal relations of the parties without necessarily ordering damages or coercive relief.
175
What is the purpose of a declaratory judgment?
To resolve uncertainty and prevent future litigation before a full breach or injury occurs.
176
In which Virginia court is declaratory judgment typically sought?
Circuit Court, because declaratory relief is equitable in nature.
177
What is equitable relief?
Relief that is non-monetary and seeks to prevent, compel, or shape conduct or declare rights when money damages are inadequate.
178
Which Virginia court has general equitable jurisdiction?
CC
179
What is the threshold requirement for equitable relief?
No adequate remedy at law
180
Must a plaintiff plead equitable relief specifically?
Yes. The motion for judgment must request equitable relief and plead facts supporting it.
181
What is an injunction?
A court order requiring or prohibiting conduct.
182
What is specific performance?
An order compelling a party to perform a contractual obligation.
183
What is rescission?
Equitable cancellation of a contract, returning parties to the status quo ante.
184
What is a declaratory judgment?
A declaration of rights or legal relations (often equitable in nature).
185
What is a legal remedy?
A money-based remedy awarded when damages are adequate to compensate the plaintiff.
186
What are compensatory damages?
Money awarded to make the plaintiff whole for actual losses suffered.
187
What types of compensatory damages exist?
Economic (medical bills, lost wages) and non-economic (pain and suffering).
188
What are consequential (special) damages?
Indirect losses that flow from the breach and were foreseeable at contracting.
189
When are nominal damages awarded?
When a legal right is violated but no actual loss is proven.
190
What are punitive damages?
Damages awarded to punish and deter willful, malicious, or reckless conduct.
191
What must be shown for an injunction?
Irreparable harm, no adequate legal remedy, likelihood of success, and balance of equities.
192
What is an unlawful detainer action?
A statutory action used to recover possession of real property from someone who lawfully entered but now wrongfully remains.
193
What is the primary purpose of unlawful detainer?
To determine the right to possession, not title.
194
Who commonly brings an unlawful detainer action?
Landlord tenant situation
195
How does unlawful detainer differ from ejectment?
Unlawful detainer: lawful entry → wrongful holding
Ejectment: wrongful entry or title dispute
196
Can unlawful detainer be used to resolve title disputes?
No, only possession, not title.
197
What is detinue?
A legal action to recover specific personal property wrongfully detained by another, or its value if return is impossible.
1️⃣ Ownership or a superior right to immediate possession of the personal property
2️⃣ The property is specifically identifiable personal property
3️⃣ The defendant is in possession of the property at the time suit is filed
4️⃣ The defendant’s possession is wrongful (i.e., refusal to return or unlawful detention)
198
What is the primary purpose of detinue?
To recover the specific chattel itself, not just money damages.
199
What is the most important rule for appeals in Virginia?
Errors must be preserved in the trial court to be reviewed on appeal.
199
What happens if an issue is not preserved?
It is waived and cannot be raised on appeal.
200
Can appellate courts consider new evidence?
No review is limited to the trial court record.
201
What is the general standard of review for legal issues?
De novo.
202
What is the standard of review for factual findings?
Highly deferential upheld unless plainly wrong or without evidence.
203
What is the Virginia preservation rule?
An objection must be timely, specific, and ruled upon by the trial court. Timely meaning the moment it occurs.
204
When must evidentiary objections be made?
Before or when the evidence is introduced, not after.
205
When must a motion to strike be made?
At the close of plaintiff’s evidence and renewed at the close of all evidence.
206
excluding victim witnesses
A court is required, on motion of either party, to exclude the witnesses to be called in a trial. However, this is subject to an exception that permits victims to remain in the courtroom during the trial, unless the court finds that the presence of the victims would impair the conduct of a fair trial.
207
motion to strike
Motions to strike test the sufficiency of the evidence, and when made at the conclusion of the Commonwealth’s case, they are viewed in a light most favorable to the Commonwealth. An attempt to suppress particular items of evidence, such as witness statements of identification or items of physical evidence, must be made by a motion to suppress, not a motion to strike.
208
Cross claim
A cross-claim must involve subject matter growing out of a matter pleaded in the complaint.
209
Jury Statements
While a juror generally may not testify about any statement made or incident that occurred during the jury’s deliberations, Virginia recognizes that a juror may testify as to one or more statements made by a juror during trial that exhibited overt racial/national origin bias tending to show that a racial/national origin stereotype or animus was a significant motivating factor in the juror’s vote and casting serious doubt on the fairness and impartiality of the jury’s deliberations or the verdict
210
Federal courts have SMJ over ___ under 28 U.S.C
Claims that assert federal law as the basis for the claim and relief sought. Although a plaintiff does not need to cite the specific statutory basis for federal question jurisdiction, she must plead sufficient facts to establish jurisdiction.
[Feb ‘16:] E.g., although the Federal Declaratory Judgment Act is a federal statute, it merely creates a remedy and thus cannot on its own serve as a basis for subject matter jurisdiction.
211
In federal court, citizenship of an LLC for diversity purposes is determined by…
…the citizenship of each member of the LLC.
212
A federal court has supplemental jurisdiction over claims…
arising from the same common nucleus of operative fact as a claim over which the court has proper SMJ.
213
How can a case be sent to state court under the federal removal statute?
If the case originated in state court, was removed to federal court, and was remanded to state court due to defective removal.
(Removal only goes from state to federal.)
214
In diversity jdx and supplemental jdx over state-law claims, federal courts should use ___ model jury instructions.
Virginia.
215
May a plaintiff aggregate damages from claims against multiple defendants to meet the amount in controversy requirement for diversity jdx?
Not unless those defendants’ negligence jointly contributed to a single injury, such that they are jointly liable.
216
How to calculate amount in controversy where an injunction is sought?
Cost of compliance with injunction.
217
Factors for an injunction
Irreparable harm
No adequate remedy at law (money damages insufficient)
Likelihood of success on the merits (for temporary relief)
Balance of equities favors plaintiff
VA Civil Procedure
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Decks in class (12)
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