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

Under Virginia Rule 3:19, when a defendant fails to file a timely answer or other responsive pleading, the plaintiff may move for entry of default and subsequently for default judgment.

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

Virginia's transactional approach to res judicata bars not only claims actually litigated but all claims that could have been raised arising from the same transaction or occurrence.

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

The Supreme Court of Virginia has discretionary appellate jurisdiction, and a party dissatisfied with a Court of Appeals decision must petition for a writ of certiorari.

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

Under Va. Code § 8.01-671, a party must note an appeal within 30 days of the entry of the final order from which the appeal is taken.

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

Virginia's sovereign immunity doctrine shields state employees acting within the scope of employment in a governmental capacity, but does not protect against gross negligence or acts in a proprietary function.

(VA Bar) Virginia Bar Exam Practice Test

(VA Bar) Virginia Bar Exam Practice Test

VA Bar Civil Procedure 3