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VA Bar Exam
| Question | Answer |
|---|---|
| Unclean Hands | plaintiff's illegal or unethical conduct in bringing about the contract which may serve as an affirmative defense to equitable relief |
| Virginia Anti-Lapse Statute | Only applies to testamentary gifts |
| # of CLE Credits | 12 |
| Contradictory Terms in an Instrument | Handwritten > Typewritten > Printed > Words > Numbers |
| Contingent Fee Prohibited In | (1) criminal cases (2) domestic relations matters |
| Duration of Voting Trust | Period stated in the voting trust agreement |
| Lottery Payments | (1) cash (2) debit cards |
| Sole Duty of Registered Agent | Forward to the corporation at its last known address any process, notice, or demand that is served on the registered agent |
| Usage of Trade | Any practice or method of dealing having such regularity or observance to justify an expectation that it will be observed with respect to the transaction in question |
| Privilege of Self-Incrimination Apply to Blood Samples? | No |
| How is Marital Debt Treated Upon Dissolution? | Marital debt can be apportioned like marital assets up to the date of the divorce decree |
| If the Dwelling is Rented for Fewer than X Days During the Year, No Deductions are Allowed and Income From the Rental is Not Included in Gross Income | 15 Days |
| Requirements for Holographic Will | Must be signed by testator but need NOT be dated, fully handwritten, or witnessed |
| Dillon's Rule | A locality can exercise only those powers granted expressly by statute or charter and no other powers, unless necessarily implied in or incidental to the powers expressly granted or essential to the declared objects and purposes |
| Required That Parents be Deemed "Unfit" Before Rights Can Be Terminated? | No |
| Totten Trust | "A, trustee for B" bank account. A, the depositor, retains the passbook and continues to make deposits and withdrawals during A's lifetime, with B succeeding to whatever is on deposit at A's death. B has no access to the account during A's lifetime. |
| Refusal to Submit to a Blood or Breathalyzer Test Admissible | To explain absence of a chemical test |
| Duty of a Constructive Trustee | Convey the property to the person who would have owned it but for the fraud, undue influence, abuse of confidence, or mistake in the transaction that originated the problem |
| When a Lawyer May Prepare an Instrument Giving the Lawyer or Family Members a Gift | When the client has a familial relationship with the recipient of the gift |
| SoL Criminal Offense | Must be raised before verdict if jury trial or before judgment if nonjury trial; if not timely raised, waived |
| Intestate Share for Surviving Spouse if Descendent That is Not Descendant of Surviving Spouse | 1/3 |
| Annual Contribution to an Education Savings Account | $2,000 |
| Employee Education Assistance Benefits | Excludable |
| Distinguish Murder from Voluntary Manslaughter | Malice |
| Indictment | Written accusation of a crime, prepared by the attorney for the Commonwealth and returned "a true bill" upon the oath or affirmation of a legally impaneled grand jury |
| Order | Payable only to the person named or his order |
| Bearer | Payable to anyone legitimately possessing the instrument |
| Presentment | Written accusation of a crime prepared and returned a grand jury from its own knowledge or observation, without any appropriate bill laid before them |
| Connivance | Corrupt consent by one spouse to an offense by the other which bars a suit for divorce for such offense |
| Holder in Due Course | A holder who takes the instrument (1) for value, (2) in good faith, (3) without notice |
| Information | Written accusation of a crime or a complaint for forfeiture of property or money, prepared and presented by a competent public official upon his oath of office |
| Duration of Shareholder Agreement | Period stated in the shareholder agreement |
| Adultery | Valid Virginia Tort |
| Alienation of Affection | Abolished |
| Breach of Promise | Abolished |
| Civil Seduction | Abolished |
| Derivative Proceedings | Any settlement or discontinuance must be approved by a court |
| SoP for Constructive Trust | C&CE |
| Arraingment | Recitation to the accused of the charge on which he will be tried and calling on him to plead in open court |
| GDC Small Claims Court | Concurrent jurisidictions for claims that do not exceed $5000, exclusive of interest |
| Deductible Taxes | (1) state and local income (2) real property (3) personal property; NOT state and local sales tax |
| Days to File Responsive Pleadings to Complaint if Service of Summons Has Been Timely Waived on Request | 60 days after the date the request for waiver was sent |
| SoR GDC --> CC | De Novo |
| Days to Move to Join an Additional Party | 21 days after the service of the complaint |
| Wigmore Rule | Court determines admissibility of confessions out of hearing of the jury, if so requested by the accused |
| Preemptive Rights | (1) For corporations incorporated after Dec 31, 2005, no preemptive right to acquire corporations unissued shares upon the decision of the board to issue them (2) No preemptive rights when a corporation issues shares for consideration other than money |
| Expert Witnesses In Courtroom | Only 1 |
| Draft | Written and signed instruction by one party (drawer) to another (drawee) ordering the drawee to pay money to the payee or bearer |
| Days to Demand a Jury Trial on Other Issues of Fact | 10 Days |
| Condonation | Forgiveness of a marital offense constituting a divorce ground bars the right of divorce based on the defense |
| Breast of Court | All final judgments, orders, and decrees shall remain under the control of the trial court and subject to be modified, vacated, or suspended for 21 days after the date of entry, and no longer |
| Unanimity of Verdicts | Generally must be unanimous, although counsel may agree to accept a majority decision |
| SoL Misdemeanors | 1 year |
| SoL Attempt to Produce Abortion | 2 years |
| SoL False Statements or Representations to Obtain Benefits re Virginia Unemployment Compensation Act | 3 years |
| SoL Petit Larceny | 5 years |
| Republication by Codicil | Valid execution of a codicil that makes express reference to the revoked will which causes the will to be revived |
| Justices in Supreme Court of Virginia | 7 |
| Term Length for Justices/Judges of Court of Appeals/Supreme Court of Virginia | 12 years |
| SoL for Cause of Action Against Health Care Provider Tolled if Minor Under X Age | 8 years old |
| Notice to Counsel re Oral Argument in Court of Appeals | 15 days |
| Number of Judges on Court of Appeals | 11 judges |
| Districts in Virginia | 32 |
| Express Warranty | Any affirmation of fact or promise made by the seller to the buyer, any description of goods, and any sample or model if the statement, description, sample or model is a part of the basis of the bargain |
| SoP child deserted, neglected, abused or not support, such that duty to support parents is excused | Substantial Evidence |
| Threshold of Income of Self-Employment When Tax Must be Paid | $400 |
| Percentage of Tax Due That Must Be Paid to Avoid Penalties | 90% |
| Common Law Marriages | Not recognized in Virginia, but will recognize those from another state |
| Scope of Discovery | Broader than Fed Rule 26(b) - allows discovery into any topic that is relevant to the subject matter involving in the pending action |
| Courts Not of Record | General District Courts |
| Child Support Until What Age? | 18, or up to 21 if stated in settlement agreement |
| Notice to Terminate Month-to-Month Tenancy | 30 days |
| Amount to appeal from GDC --> CC | $20 aggrieved |
| Days to File Reply Admitting/Denying New Matter When Reply is Requested | 21 days |
| Terrorism | Separate offense that does not merge |
| SoL UCC Breach of Contract for Sale | 4 years |
| SoP to Rebut Presumption that Child Born During Marriage is Marital Child | Sufficient Evidence |
| Powers of Magistrates | (1) issue arrest and search warrants (2) commit arrested persons to jail (3) admit arrested persons to bail (4) conduct preliminary hearings |
| # Witness to Depose | No limit |
| Motion to Compel | Court must require losing party to pay prevailing party's reasonable expenses, including attorneys' fees, unless the court finds that the opposition to the motion was substantially justified or that an award of expenses would be unjust |
| SoL Property Injury | 5 years |
| Articles of Incorporation | (1) name (2) number of shares authorized to issue (3) number of authorized shares per class and distinguishing features for each class (4) name of agent and address of registered office |
| Max Period to Toll SoL for Adverse Possession | 25 years |
| Mediator | Third-party neutral who facilitates communications between parties and, without deciding the issues or imposing a solution on the parties, enables them to understand and resolve their dispute |
| Alternative Vesting Period Under the Uniform Statutory Rule Against Perpetuities | 90 years |
| Course of Dealing | Sequence of conduct concerning previous transactions between parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct |
| SoL for Contracts Governed by Another State | Shorter of the foreign or Virginia limitations period |
| Shares Outstanding | Number of shares of each class or series authorized by the articles of incorporation |
| Voir Dire | "To speak the truth" - questioning of potential jurors by the judge and lawyers to determine any biases, prejudices, or other reasons for disqualifications |
| Years Decedent Died Post-Injury Without Having Brought Suit After Which the Action is Barred | 2 years |
| Who Can Request Plea to an Equitable Claim be Tried by Jury | Either plaintiff or defendant |
| Accessory Before the Fact | One who orders, counsels, encourages, or otherwise aids and abets another to commit an offense, but who is not present during the commission |
| Permissible Transfer Restrictions | (1) right of first refusal (2) restriction needed to maintain the corporation's status that is dependent on the number or type of shareholders (3) restriction needed to preserve federal or state securities laws exceptions |
| Habeas Petitions in Death Penalty Cases | Supreme Court |
| Security Deposit | 45 days to return |
| SoP to Reform Terms of a Trust to Conform to Settlor's Intention if Affected by Mistake of Fact or Law | C&CE |
| Classification of Marital Property | Defines the pool of marital assets from which the court can make an equitable award |
| SoL Prescriptive Easement | 20 years |
| SoL Adverse Possession | 15 years |
| SoL Foreclosure | 10 years |
| Per Capital with Representation | Property divided into equal shares at the first generational level at which there are living takers, each living person at that level takes a share, and the share of each deceased person at that level passes to his descendants by right of representation |
| Registered LLP | Business association that limits personal liability of partners for obligations of partnership |
| SoR Trial Court Granting/Denying New Trial | Plainly wrong |
Created by:
jlorraine209
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