VA Bar Civil Procedure 3

Question 1

Under Virginia Rule 3:19, a plaintiff may seek entry of default judgment against a defendant who:

Accepted Answer

Fails to file a responsive pleading within the time allowed by the rules

Answer

Fails to appear at a scheduling conference

Answer

Fails to respond to interrogatories within 30 days

Answer

Refuses to pay court costs

Question 2

Virginia applies the transactional approach to res judicata (claim preclusion), meaning a final judgment on the merits bars:

Accepted Answer

All claims arising from the same transaction or occurrence, whether or not raised in the prior suit

Answer

Only claims actually litigated and decided in the prior proceeding

Answer

Claims involving the same legal theory regardless of the underlying facts

Answer

Claims between the same parties for up to 10 years after final judgment

Question 3

After the Court of Appeals of Virginia issues a decision in a civil case, a party seeking further review must:

Accepted Answer

Petition the Supreme Court of Virginia for a writ of certiorari

Answer

Appeal directly to the U.S. Supreme Court

Answer

Petition the full Court of Appeals for rehearing en banc as the only option

Answer

Return to the circuit court that originally heard the case

Question 4

Under Va. Code § 8.01-671, the deadline for filing a notice of appeal from a final judgment of a Virginia circuit court is:

Accepted Answer

30 days after the final order

Answer

14 days after the final order

Answer

21 days after the final order

Answer

60 days after the final order

Question 5

Virginia's sovereign immunity doctrine generally protects state employees from personal liability when they are:

Accepted Answer

Acting within the scope of employment in a governmental (not proprietary) capacity without gross negligence

Answer

Acting in any capacity as a government employee regardless of the act

Answer

Only the Governor and members of the General Assembly in official actions

Answer

Private contractors working on government projects

Question 6

Under Virginia Rule 2:9, an ex parte temporary restraining order (TRO) may be granted without notice to the opposing party only if:

Accepted Answer

Immediate and irreparable injury will occur before notice can be given and the applicant certifies efforts made to provide notice

Answer

The plaintiff requests it in the verified complaint

Answer

The plaintiff's attorney certifies the case is urgent in writing

Answer

The plaintiff posts a bond equal to the full amount in controversy

Question 7

Virginia follows the doctrine of contributory negligence, which means that if a plaintiff is found to be even slightly at fault for their own injuries:

Accepted Answer

The plaintiff is completely barred from any recovery

Answer

The plaintiff's damages are reduced proportionally to their percentage of fault

Answer

The jury allocates fault and the plaintiff recovers the defendant's share only

Answer

The plaintiff may still recover if the defendant's negligence was the primary cause