If the parties to a sales contract do not set a specific time of performance for any obligation under the contract, the contract must be performed within thirty (30) days from the date the contract was formed.
false.
If the parties to a sales contract do not set a specific time of performance for any obligation under the contract, the contract must be performed within a reasonable period of time.
When a buyer of goods accepts non-conforming goods, what measure of damages is he entitled to receive?
He may keep the non-conforming goods and recover damages for any loss resulting from the breach, including lost profits.
[c] UCC § 2-714(1) and (3) together permit a buyer that has accepted non-conforming goods to keep the goods and to recover damages “for any loss” resulting from the breach, including lost profits.
In an installment contract, a late-delivered installment of goods can be rejected only when:
In an installment contract, Late-delivered goods may be rejected only if the late delivery “substantially impairs” the value of the installment (UCC § 2- 612(2)).
To sustain a conviction for Conspiracy to Robbery, proof of an overt act in furtherance of the conspiracy is necessary for a conviction.
false
A conspiracy is an agreement between two or more persons by concerted action to commit a crime. Proof of an overt act in furtherance of the conspiracy is not necessary for a conviction. Gray v. Commonwealth 260 Va. 675 (2000). In Virginia, the crime of conspiracy is complete when the parties agree to commit an offense. Falden, 167 Va. at 544, 189 S.E. at 327. No overt act in furtherance of the underlying crime is necessary. Stevens v. Commonwealth, 14 Va. App. 238, 241, 415 S.E.2d 881, 883 (1992).
can u still be charged w attempted robbery if u pussy out
yeah
One who intends to commit a crime and commits a direct, but ineffectual act towards commission of the crime, has committed the crime of an attempt. Sizemore v. Commonwealth 218 Va. 980 (1978) In this case, Tom was guilty of the attempted robbery of the Bluewater Bank. He had formed the intent to rob the bank and entered the bank with the toy gun, approached the teller, and announced his purpose.
As a defense to the charge, Tom might claim that he abandoned the criminal activity and therefore is not liable. However no Virginia case recognizes abandonment as a defense to the crime of attempt and in any case the crime of attempt was already complete when Tom tried to abandon the criminal enterprise.
In a criminal trial, where either attorney makes a Motion to Separate the Witnesses:
The witnesses shall be excluded from the courtroom when not testifying, except the complaining witness who may remain if it would not impair the conduct of a fair trial.
Under §19.2-265.1, the court is required, on motion of either attorney to exclude the witnesses to be called. This is subject to the exception referenced in this code section and contained in §19.2-265.01, that permits the complaining witness to remain in the courtroom and shall not be excluded, unless the court finds in its description that the presence of the victim would impair the conduct of a fair trial.
Where either the prosecutor or defense attorney wishes to make a Motion to Suppress evidence in the Circuit Court, his motion must:
Under Va. Code §19.2-266.2, motions seeking to exclude evidence, must be raised in writing before trial by motion filed and notice given to opposing counsel not later than seven days before trial in circuit court.
When a person knowingly conceals a wanted felon, he can be found guilty as _______________.
an accessory after the fact.
An accessory after the fact is a person who knows a felony has been committed and thereby aids or assists a principal in the first degree or accessory before the fact avoid or escape prosecution.
Remember that a principal in the first degree is the perpetrator of the actus reus of the crime. Concealing a felon is insufficient to warrant conviction as the principal in the first degree with respect to the felony committed by the felon.
Also, a principal in the second degree is a person who is present at the commission of the crime and shares the principal in the first degree’s intent that the crime be committed or aids, abets, encourages, assists, or advises a principal in the first degree in the commission of the crime. Concealing a felon after the felony’s commission is insufficient to warrant conviction as a principal in the second degree.
Finally, an accessory before the fact must aid, abet, encourage, assist, or advise the principal in the first degree before the commission of a felony.
In a criminal case, at the close of the Commonwealth’s evidence, which of the following arguments can be appropriately made?
- That certain evidence the Commonwealth presented should carry less weight, causing the evidence overall to be insufficient as a matter of law to sustain a conviction.
- That viewed in a light most favorable to the Commonwealth, the evidence would be insufficient as a matter of law to sustain a conviction.
A motion to strike made at the conclusion of the Commonwealth’s case argues that, viewed in a light most favorable to the Commonwealth, the evidence would be insufficient as a matter of law to sustain a conviction. In this motion, it is appropriate for the attorney to comment on the evidence and any reasons that the court should give certain evidence more-or-less weight.
The legal standard at this stage is that all evidence is viewed in a light most favorable to the Commonwealth, not the defendant.
Also, it is not appropriate or useful for the defense to argue for evidence suppression at a motion to strike, because at that point all the Commonwealth’s evidence has already been admitted since it has rested and concluded its case.
Where all the requirements of adverse possession are met except that the possessor actually had the owner’s permission to possess & use the real property, the possessor is presumed to have:
a revocable license
A license to use real property may be granted orally, and is freely revocable. It will defeat a claim of title by adverse possession because the possession was not adverse or hostile to the rights of the owner.
To obtain title to real property by adverse possession in Virginia, the party seeking title must prove that his possession was: (1) actual and visible; (2) exclusive; (3) continuous; and (4) hostile to owners rights for a period of how many years?
15 years
what are the Key Aspects of Adverse Possession/Title Acquisition of Personal Property in VA:
The statute of limitations for bringing an action to recover personal property that has been adversely possessed is five years. Tacking is permitted.
While the statutory period for adverse possession of real property in Virginia is 15 years, the statutory period for adverse possession of personal property in Virginia is five years.
Where members of a condo association have misused common areas of the property, in violation of association rules and to the detriment of other members, who has standing to sue?
A unit owners’ association shall have standing to sue in its own name for any claims or actions related to the common areas of the property. Notice this rule essentially has two elements. Think about the rule like this: 1) Only a unit association, not an individual unit owner, has standing to sue for 2) misuse of common areas.
Where one spouse’s consistent and ongoing verbal abuse takes a measurably emotional toll on the mental health of other spouse such that she seeks psychological treatment and becomes fearful for her health and safety, the fault grounds for divorce most likely to succeed would be:
constructive desertion.
Where a spouse engages in exclusively verbal abuse, and that verbal abuse causes the other to become ill and to reasonably fear for her health and safety, a court would most likely find grounds for a Constructive Desertion claim. This claim requires conduct is so egregious as to warrant leaving the marital home, but does not require actual physical abuse or assault. Note that Cruelty requires acts that tend to cause bodily harm.
In a claim for divorce on the fault-based ground of Adultery, the act of adultery must be proved:
Adultery would have to be proved by clear and convincing evidence. Painter v. Painter, 215 Va. 418 (1975).
Cruelty justifying divorce must be proved by:
The standard of proof for fault grounds of desertion and cruelty is a preponderance of the evidence standard.
When a fault-based divorce is on the grounds of Desertion, what period of living separate and apart is required before the final divorce will be granted?
1 year
For divorces based upon either desertion or cruelty, a one year period of physical separation is required to finalize the divorce. There is no waiting period required for adultery; upon proof of adultery, the court can grant an immediate divorce.
Where there are no children and there is a separation agreement, a no-fault divorce may be granted so long as:
parties have lived separately for a continuous six months
A no-fault divorce may be decreed if the parties have lived separate and apart for 6 months, without cohabitation or interruption, if there are no children and the parties have a separation agreement.
The statute of limitations for personal injury actions is…
2 years after the claim accrues
–further detail–
A suit for personal injury must be filed within the first two years after the claim accrues. The statute of limitations can be tolled in certain circumstances. If a person entitled to bring such action becomes incapacitated, the time during which he is incapacitated shall not be computed as any part of the period within which the action must be brought. However, when a conservator or guardian has been appointed for such person, then suit must be filed before the expiration of the applicable period of limitations or within one year after a conservator or guardian has been appointed, whichever occurs later.
name the governmental functions
police/schools/stds/firez
1) police protection
2) fire protection
3) public education
4) public health services
Police Protection: Providing police services is considered a governmental function. This includes actions such as law enforcement, maintaining public order, and responding to emergencies.
Fire Protection: Firefighting and fire prevention services are governmental functions. This includes the operation of fire departments and emergency medical services.
Public Education: Operating public schools and educational programs is a governmental function. This covers activities related to the management and operation of public school systems.
Public Health Services: Services such as running public health departments, vaccination programs, and sanitation services fall under governmental functions.
name the proprietary functions
1) operation of utilities
2) maintenance of public parks and rec facilities
3) public housing
4) transportation services
Nonverbal conduct is a statement and may be hearsay, if the declarant intended the conduct to be an ___________.
assertion
Hearsay is an out-of-court _______, offered for the truth of the matter ________.
statement; asserted
An excited utterance is a ___________ statement, prompted by a startling event and made by a declarant with ____________ at a time they made the statement.
spontaneous; firsthand knowledge
