Term
| What are the four ways to meet the statutory requirement for personal jurisdiction? |
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Definition
You are served in VA.
You reside in VA
Long-Arm Statute
Non-Resident Motorist Act |
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Term
| What are the ways under which the Long Arm statute may reach you? |
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Definition
You cause a tortious injury in VA by an act or omission in OR out of VA
You have an interest in, uses or posses realty in VA
Contract breach affects someone in VA
You transact ANY business in Virginia (single-transaction state)
Causing injury by breach of warranty where the sale was out of state
Maintained a matrimonial domicile when the time the suit was filed, separation arose, etc. |
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Term
| What is the classic test for constitutional requirement (due process) for personal jurisdiction? |
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Definition
| Does the D have such minimum contacts with the forum that the exercise of jurisdiction does not offended notions of fair play and justice? |
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Term
| My Parents Frequent Forgot to Read Children's Stories |
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Definition
Minimum contacts
Purposeful Availment
Foreseeability: that D could be sued in the forum
Fair play
Relatedness to Claim—contact; are they related?
States’s interest |
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Term
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Definition
| A suit to recover personal property or its value. |
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Term
| What is GDC's exclusive jurisdiction? |
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Definition
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Term
| What is the amount in which you must be aggrieved to appeal from GDC to CC? |
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Definition
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Term
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Definition
1. Local actions: lay venue where the land lies
2. Wills: where the will was probated, or where it could be probated
3. Writs: mandamus
4. Injunctions: where the subject is pending, or where rendered, or where the subject act is to be done |
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Term
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Definition
Where the D resides or PPE
Where cause of action, or any part thereof, arose
Where the K was entered or breached
Where D has a registered office or an agent
Where D regularly conducts substantial business activities
To recover PP, where it lies |
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Term
| Motion Objecting to Venue |
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Definition
Cir. Ct: must file the motion within 21 days after service of process, unless the court extends the time to file a responsive pleading; aka
it has to reach the clerk within 21 days
GDC: you can object to venue on or before on the day of trial
If correct, the court will transfer to proper venue unless it finds good cause to keep the case.
If venue is OK for one defendant it is OK for all
If one D is entitled to Category A venue, she can have it transferred there
*If all the Ds are non-residents, you can lay the venue where the P resides. |
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Term
| What is it called when the court trafsers from one proper VA venue to another? |
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Definition
Forum Non Conviens Transfer.
Before transferring from proper venue to another proper venue, you have to show good cause. P waives; substantial inconveniences to witnesses, “center of gravity,” etc.; delay |
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Term
| What will the court do if the cause of action arose out of state, by non-resident, and P sets the forum in VA and D objects? |
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Definition
Dismissal for forum non conviens.
VA courts will not transfer venue to a court outside the commonwealth. |
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Term
| What must propoer service contain? |
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Definition
| summons + copy of the complaint |
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Term
| What is the summons called in GDC? In CC? |
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Definition
GDC: Warrant, notice of motion for judgment
CC: summons |
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Term
| Who is authorized to serve process in VA? |
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Definition
| An adult civilian, non-interested; OR sheriff in his county of jurisdiction or contiguous county |
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Term
| What is the mandatory order to follow when serving process in VA? |
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Definition
1. Personal Service
2. Substituted Service
3. Posted Service |
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Term
| What are the elements of substituted service? |
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Definition
1. you serve the D’s usual place of abode,
2. a member of D’s family,
3. who is at least age 16 and
4. is not a guest or temporary sojourner, and
5. tell her of the contents |
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Term
| What are the elementes of posted service ("nail and mail")? |
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Definition
post it to the front door, at least 10 days before
default judgment mail a copy to D AND certify to clerk you mailed it |
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Term
| What is the curing statute? |
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Definition
| only for substituted service: even though service didn’t meet reqs for substituted service, but D actually and timely received it, service is OK; never applies for divorce or annualment though |
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Term
| How do you execute a waiver by mail? |
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Definition
P can request by mail that D waive formal service of process; send 2
copies and SASE and waiver form |
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Term
| How do you serve under the long arm? |
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Definition
1. Servce Sec’y of commonwealth, who mails copy process by certified mail; you have to apply. Affidavit that D is non-resident or can’t be found with due diligence, and his last known address; then Sec’y files a certificate of mailing in court, THEN service is complete.
2.You can arrange service in the other state, under that’s state’s rules |
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Term
| How long do you have after filing a claim to serve the D in VA? |
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Definition
| The case is commenced by filing, and that tolls the SOL, you must service within 12 mos. of the filing; court can then dismiss, but there must be a hearing (in fed court its 120 days) |
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Term
| What are the requirments for pleading in VA GDC? |
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Definition
Numbered paragraphs;
the facts (fact-pleading) on which the party relies, which must
clearly inform the party of the claim
At least one individual lawyer must be there and signature
You can annex documents |
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Term
| What if you want to see a document attached to pleadings that isn’t there? |
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Definition
| You make a motion craving oyer. |
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Term
| What does the "Attorney Certification" signify? |
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Definition
| You have read it, to the best of your knowledge after reasonable inquiry it is ground in law or fact, or a good faith effort to change law, and not for harassment; if not? Sanctions. you can be held of costs and attorneys’ fees incurred because of the improper document. If no signature, then document can be stricken. |
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Term
| What does "Alternative Pleading" mean in VA? |
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Definition
| You can plead alternative facts as to alternative parties if they arise from the same t/o. |
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Term
| What are your two options for filing a claim in GDC? |
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Definition
1. Civil Warrant – fill in the blanks, OR (service by deputy) – service by warrant
2. Motion for Judgment (you draft like a complaint) service must contain
notice of motion for judgment |
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Term
| What is a timely return date in GDC? |
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Definition
You pick a return date, can’t be more than 60 days or fewer than 5
You can motion for a continuance |
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Term
| What if D wants more details on the case after reading the complaint? |
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Definition
| He moves for a Bill of Particulars. It will be granted at the court's discretion. |
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Term
| What is P wants D to file an response? |
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Definition
You can Move for Grounds of Defense to make a D file an answer – NOT
automatic, granted at court’s discretion |
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Term
| If either of these parties fail to follow court’s order in sending a bill of particulars or grounds for defense... |
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Definition
COURT CAN
ENTER SUMMARY JUDGMENT AGAINST PARTY FAILING TO FILE |
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Term
| What are the requirments for a complaint in CC? |
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Definition
Name of court, names and address of parties signature of parties, fact
pleading in numbered paragraphs, inform D of true nature of claim,
prayer for relief, – THAT’S IT. |
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