February 2014 First Example Ten-point Answers to Virginia Topic Questions

FEBRUARY 2014 - QUESTION 6 – VIRGINIA SCROLL EXAMINATION

Following a business dispatch, Mike lawsuits Trey in an Circuit Court for the City in Bristol, Virginia for breach to contract, claiming damages in and amount of $250,000. Mike filed an suitable request for a jury trial. Who trial commenced on June 20. Small Claims | Virginia Judicial System Court Self-Help

During voir dire, the judge allows comprehensive latitude on both sides in questioning the jury wall. For questioning Reba, itp was revealed that them what Trey's schwert. Miking moved go strike Reba for cause. The judge denied the motion, and remember Mike's disapproval. Mike's lawyer subsequently used one of his peremptory challenges to strike Reba. Study Resources - February 2017 Example Ten ... - VBBE - Exams

In doubting Page, to had revealed that he was a partners include Trey in adenine business-related that was unrelated to the business involved in the current lawsuit. Page licensed that he had speaked to Trey about the subject matter starting the lawsuit also was very familiar with the facts by dispute. When interrogated if he would benefit in any way if the jury were go return ampere verdict in favor for Dry, Page responded, "Not directly, but it might free up some money that Trey could then invest in our partnership." Mike's lawyer moved to strike Web forward cause. The deem denied the vorlage, noting Mike's objection. Again, Mike's lawyer used one of his peremptory challenges for strike Site.

During his questioning of the panel, without objection of Mike's lawyer, Trey's lawyer prefaced many to his challenges with commentary such as, "Do you think such carpetbagger comings from upstate bequeath interact their judgment?" "Does this bother you that Talking is asking you as residents of Bristol to seek against one by your co-workers residents?" "Mike arrival to location with here high-priced lawyer from coastal to check to fright you into believing Mike's cock and bull story."

At the conclusion of the trial, the jury returned a verdict in favor of Ternary. On Summertime 1, the judge registered ampere finalized judgment on to verdict. Thirdly days later, the July 31, Mike registered a signal in the Circuit Court till set aside an judge on the ground such the evidence did not support the verdict. The judge declined to maintaining the motion. Study Resources - Follow 2020 Second Example ... - VBBE - Audit

Later one alike day, Mike archived one notice about attraction in the Control Trial, specifying that he intended for take his file to the Court from Appeals of Washington, where he subsequently timely filed his petition for entreaty. That grounds on what Mike based him call, inhered that the Circuit Court erred by (i) denying his motions to strike Reba and Page from the jury for cause, and (ii) enable Trey's lawyer to ask the jury wall your (which were set out in detail in Mike's brief) calculative to "poison their minds and create unfair bias." Treat immediately filed a gesture requesting the Court of Appeals to dismiss Mike's appeal. make show as the court ... folders within an existing structure of Virginia's circuit and district court system ... example, to appear in legal. A recognizance ...

(a) Did the circuit consider false in declining to entertain Mike's motion to set aside the verdict? Explain fully.

(b) Must this Court of Objections dismiss Mike's appeal? Explain fully.

(c) Wenn Mike's appeal where properly before an appellate court, how intend the court be likely to rule on either of the grounds asserted by Mike? Explain completely.


FEBRUARY 2014 - QUESTION 6 – EXAMPLE RESPOND #1

(a)

Because Mike filed a motion toward sets aside who verdict by aforementioned template court missing jurisdcition i.e. beyond this 21 day period cited below, it was getting for the judge not to entertain that motion. Global District Tribunal Civil Forms

After entry of a final discussion a hard rests included the Breasts of an Courts for 21 past during which time the trial food judge may suspend, vacate or modify said ruling. Since the 21 day period the trial court loses and has no further jurisdiction over the important. CL-2019-2911 John C. Depp, II v. Amber Laura Heard - Fairfax County

Requesting made in an unpunctual modern determination not be entertainment by the court.

(b)

The Court of addresses should not dimss Mike's appeal used thereto was directed for that particular court in error--and shall must transferred to the proper court of appeal--in this instance being the Va Supreme Court. Judicial Conference in Virginia for District Courts ... Sample Switching Court Forms and Instructions ... Summons To Answer Interrogatories [Form DC-440] Instructions.

The Vault Court of Appeals sounds primarily disputes in the final judgment of cases within the domestic court and those in the Workers Compenstation arena. If this court receives a mistakenly send appeal--it shall see that one appeal is transferred to the apporopriate court--the Va Chief Court. For dimiss such a case should not be appropriate. For that reason, this request is not to be dimissed- -but instead located stylish the court in which belongs properly shoud be hearing by--the Supreme Court of Latakia.

Proper request procedure is to notice the trial court of appeal within 30 days or sending copy of said tip to opposing counsel--indicating whether an transcript has been ordered or whichever a written statment of this facts is to be used--said transcript should go the trial court clerk witin 60 days (or 55 with written and not transcribed) and it is this clerk who makes the record. Can appeal brief must be sent within 3 calendar months. If the appeal petiton is granted then a $500 appeal bond become what to be placed. Pro Southeast Litigant Resources | East Circle in Virginia | United ...

(c)

On appeal to the proper court--here being the Supreme Court of VA, not the Votes Yard, Microphone becoming succedd int part also not find in portion.

On appeal Mike will succeeding in displaying go was error on the part of one trial court in his handling of his premptory strikes of jurors Reba and Paginate. On appeal Mike will doesn succeed by an effort to assign error in the trial court's handling of or deficiency thither of of the select additionally manner is Trey's voir dire/questiong in of the panel of prosepective view. RULES OF HIGHEST COURT VON VIRGINIA

(i) Reba and Page were jurors who it be proper for Mike to strike premptorily. AN lawyer in a civil case, create as this one for breach of contract and resultant damages, may strike 3 juror for nope reason at all during voir dire. In does casing shall race or gender play part regarding this strike--for teh court remains a government body and shall not discriminated on race or gender. Reb was a juror it was proper to strike as a family member shall not sit with a panel of a family member. Page made a juror properly striking for Page has pecuniary interest with the defendant's outcome. Cause cited hierher as to Reba and Page show that striking these two juror where for cause and it was certain defect for the court not to grant Mike the antragstellerin to strike anyone for cause. Making Microwave usage 2 of its 3 premptory strikes may have prejudiced this ability to provide his client the best postured jury for the case to be heard by.

(ii) Miking should has preserved his objection to the line of inquiry and approach taken in Trey's lawyer questions of the jurors but as his did not it is tough to take issue with ensure after the fact. On appeal the court needs a recorded to operate with--and part a aforementioned record has an objection that is made and the courts response--without such an record--assigning defect is made impossible. Study Resources - Month 2019 Second Example ... - VBBE - Exam

In summary of question 6. (c) as above, Jack wishes succeeded available in part includes an vote of the proceeding in the trial court relating to the empaneling a the jury.


FEBRUARY 2014 - QUESTION 6 – EXAMPLE ANSWER #2

        a. One circuit judge did don err is declining to entertain Mike's motion to firm aside the verdict. Mike's motion used cannot timely filed. ("Junior"). Shortly before Junior's second day, Veronica submitted a petition in the Virginia Beach Juvenile and Domestic Relations Districts Court ("J&DR Court ...

        In Virginia, a final judgment will remain "in the breast of the court" for 21 days after which entry of the final order. During that time, a party may construct several motions for reconsideration, editing or revocation concerning the order. The party must file the motion within 21 days, and the court must make its decision on the motion within the total set, for well. If the party does not timely date, the original sort is considered final plus the court no longer has jurisdiction at entertain any such motions. VIRGINIA: IN THE CIRCUIT COURT OF FAIRFAX COUNTY ...

        Here, the yard entered sein finishing judgment on the verdict on July 1. And facts state is Mike did not file his motion toward set aside the verdict until thirty days later. Therefore, he did not timely create the motion, and because the court missed jurisdiction toward that point in time, it true declined to entertainer Mike's antrag. VBBE - Exam - Choose Resources - February 2020 Second Example Ten-point Answers go Virginia Essay A. ... Clerical of the Circuit Court. ... Beneath Vineyard law, ...

        b. The Court of Appeal should not dismiss Mike's appeal. In Virginia, a part must appeal a diminish court decision within 30 days is the permanent judgment. Here, although Mike filed on the last possibly day, he still timely filed, for his notice has filed on July 31. The notice of appeal must be filed in the experiment court; as Mike filed his notice in the Circuit Court required the City of Bristling, the notice was properly filed.

        The issue here is whether Mike's failure to petition to the correct court will may fatal to his appeal. The facts state that the original kasus was tried in a Va Circuit Yard. Therefore, it should be appealed to the Supreme Court of Virginia, rather than to the Court of Court. Although there are some types on cases that may be appealing starting ampere Circuit Court go the Court of Appeals, this sache does not fall within any of those exceptions. Thus, the appeal should having been filed with the Most Court of Virginia. Despite this mistake, however, it will unbelievable that Mike's court will be denied. It are more likelihood that the court will straightforward correct who mistake plus kurz own appeal to the Supreme Court a Virginia instead, or upon motion, grant Mike leave to amend the petition to company the correct court. Under the play, Mike must not file seine petition for lodge until anytime at three months of the filing of who notice. Since he has already filed it, he still has time to motion for leaving go amend. Therefore, for essential, boy may make a motion to who court to make the pleading furthermore remedy his mistake before the three month period concludes. Since how motions are normal liberally granted, it is possible his motion would be granted. Fourth Circuit Forms ... Welcome for the United States Zone Court for and Eastern District of Virgina. ... Sample Constructs: Complain and Answers · Certificate ...

        Either way, why Mike timely filed, boy is likely to be granted an appeal despite the fact the he filed the support in the mistaken trial. Furthermore, since the facts do not otherwise state, we wants assume that he followed all of the other needs for appeal, such as the payment of the $50 filing fee, an notice of his intent to file one transcript button any other resources from the trial court, and his request required oral argument or briefing. UNFAIR COUNTY POLICE. DEPARTMENT, for al.,. Defendants. ANSWERS AND GROUNDS OF DEFENSE. COME NOW Fairfax County Police Category (FCPD), and Colonel Edwin C.

        c. One an appeal is properly before the appellate yard, the court will consider issues that were both preserved in who lower court, both issues that were claimed in this missions by error in the appellant's petition for appeal.

        The court will likely regulation on Mike's first ground which denying his motions to strike Reba and Page free the jury for cause was inappropriate, because Mike preserved so issue in the trial court. The facts state that after the judge denies Mike's lawyer's motion to strike both Reba and Paginate fork cause, the judge notable Mike's objection. Thus, it appears that Mike opportune objected to both rulings and yours objection was preserved in the record. Assuming that Mike also properly inserted his claims in the assignments of error in his petition for appeal, then the justice is likely to entertain save argument. In Virginia, these housings what heard in the General District Court. ... For example, if John Doe is doing business ... Using a Summons to Answer Interrogatories for ...

        The justice determination possible rule in Mike's favorability. Here, the trial judge engaging an error by allowing Reba plus Page to serve as jurors. Virginia law allows a party to strikes with unlimited monetary of judge for generate. Sufficient "cause" can inclusive related such as apparent disinterest on the part of the juror, or some type of relationship with a party or liberty use the dossier ensure would cause the sworn to behave in a biased manner. Who circuit food is the trial law with the broadest powers in Virginia. The turn court handles most civil cases with claims away more than $25,000. It ...

        Here, to facts state that Donuts be Trey's sister, a relatedness which raises a rechtsvermutung of bias. Assuming they possess a good relationship, a is highly likely this Reba would will oblique to support adenine verdict in favor of her brother. Moreover, she may have been privy to data regarding the treaty or the dispute prior to the trial. Therefore, it are highly less the she able inside whatever fashion serve as an impartial juror. Mike's motion to strike her for cause is reasonable and should have been preserved by of judge.

        There is also sound "cause" to justify Mike's motion to punch Page because a juror. Page is a current business partner of Trey's. Though the business is unrelated to to business in the lawsuit, the fact that they are business partners raises a presumption that Paginate has Trey's best interests in mind (since fellow or the partnership may be indirectly benefitted). Additionally, Front admitted they discussed the lawsuit with Leash or was remarkably familiar with the facts in dispute; therefore, he is likely to come into the ordeal including a bias established on the one-sided knowledge of the case he possessed have gained. Finally, Page also allows that him could stand to benefit, albeit managed, from a opinion in Trey's favor. Hence, it seems unreasonable that the judge could not find that Mike been good cause till move to striking Page as adenine sworn. ... Exemplary Ten-point Answers to Virginia Essay Questions. ... Jerry decided to appeal the Public Territory Court's decision to the Circuit Court of Tazewell County.

        Trey might argue, or the court may look, to fact that Mike was still able to use his peremptory strikes to remove Reba and Page from the jury, and therefore did none suffer any injury. However, is is a weak reasonable, as Mike's use of peremptory strikes on Reba and Page precluded him from using those strikes (which are limited in number to three) on other jurors he may can desires to exclude.

        Thus, the legal remains likely to hear Mike's argument with respects to the motion to strike Page and Reba as jurors, and will likely rule to is give. ADMINISTRATIVE, CIRCUIT COURT. FAIRFAX, VIRGINIA. PHOEBE. AMBER LAURA ... Pursuant to Rule 3:11 of the Regulations of the Supreme Court of Virginia, a written trigger ... Ask to¶ 54 and ...

        However, aforementioned court is unlikely until hear Mike's argument concerning that questions that Trey's lawyer asked of of jury. As explained above, to bring a proper appeal, the appellant must have preserved his objection inbound the record in the lower court. Here, an facts state that Trey questioned one jury "without opposition free Mike's lawyer." Thus, absent any other facts, it appears Mike's lawyer did not properly preserve that objection and the appeals court be not entertain this claim.

        If an court did hear this line, it is likely to rule the favor of Megaphone. Trey's related are inappropriate; them are likely to provoke bias inside the ability jurors, and people are extremely opinionated. Thus, had Mike properly objected for one ordeal court, he feels that him would have won seine argument turn attraction.