True or false: In essay writing, it is acceptable to be wishy-washy and use terms like likely or may.
FALSE
Clear and definitive language is encouraged.
What is the framework for answers in essay writing?
- Issue as header
- Rules
- Analysis
- Conclusion
This structure aids in organizing thoughts clearly.
In essay writing, conclusions must always use the exact words of the question, turned into a __________.
declarative statement
This reinforces the importance of directly addressing the question.
What is the timeframe for a no-fault divorce if the couple has children?
1 year
This is a requirement under Virginia law.
What is the timeframe for a no-fault divorce if the couple has no children and a property separation agreement?
6 months
This is a requirement under Virginia law.
What are the fault grounds for divorce in Virginia?
- Adultery
- Cruelty
- Sodomy
- Buggery
- Felony
- Willful desertion/abandonment
These grounds require corroboration.
What is required to prove adultery as a ground for divorce?
Clear and convincing evidence of sexual intercourse with another
Adultery is not grounds for divorce if both spouses are engaged in it (recrimination) or if it has been forgiven (condonation).
What is the statutory exemption for a Virginia householder regarding real and personal property?
$5,000 or less
If the householder is 65+, the exemption increases to $10,000 or less.
What are the poor debtor’s exemptions in Virginia?
- Family heirlooms under $5K
- Clothes under $1K
- Home furnishings under $5K
- Tools used in occupation under $10K
- Motor vehicles under $10K
These exemptions protect certain assets from creditors.
What is the statute of limitations for personal injury claims in Virginia?
2 years
This time frame is critical for filing claims.
What is the last clear chance rule?
Defendant can still be liable for a helpless plaintiff
For an inattentive plaintiff, the defendant must have actually seen them and realized they were in trouble.
What is the duty of care owed to invitees in premises liability?
- Use ordinary care
- Keep premises in reasonably safe condition
- Warn of any unsafe condition
No duty to warn of open and obvious unsafe conditions.
What is the adverse possession requirement?
- Actual and visible
- Continuous
- Exclusive
- Hostile
- For 15 years
These elements must be met to claim adverse possession.
Under the UCC, what is considered goods?
[insert item]
This is defined under Article 2 of the Uniform Commercial Code.
What must a buyer do if the goods are nonconforming under the UCC?
Reject the goods
The buyer must notify the seller of the nonconformance within a reasonable time.
What does Article 2 of the Uniform Commercial Code apply to?
The sale of goods
Virginia’s UCC applies to contracts to sell goods.
Under the UCC, a buyer is entitled to inspect goods tendered or delivered at a _______ and _______ before payment.
reasonable place and time
The inspection must be conducted in any reasonable manner.
If the goods are nonconforming, what is the buyer entitled to do?
Reject the goods
Buyer must notify the seller of the nonconformance within a reasonable time after delivery.
What happens if the buyer does not notify the seller of nonconformance within a reasonable time?
Buyer is deemed to have accepted the goods
Acceptance of the goods passes title from seller to buyer.
If goods become damaged prior to the buyer notifying the seller of rejection, who bears the risk of loss?
Buyer
This occurs if the buyer has not yet revoked acceptance.
What is the predominant purpose test used for?
To determine if Article 2 applies
It assesses the primary purpose of the contract.
Define merchant in the context of the UCC.
Deals in those goods
A merchant is someone who regularly engages in the sale of goods.
What does good faith entail under the UCC?
Honesty + reasonable business standards
It is a fundamental principle in commercial transactions.
Can an acceptance with new terms still form a contract under the UCC?
Yes
If both sides are merchants, those extra terms usually get added in.
