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VA Bar Exam: Equity

カード 31枚 作成者: gabriel (作成日: 2013/12/09)

  • Trial by jury in equitable cases

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  • 1

    Trial by jury in equitable cases

    補足(例文と訳など)

    答え

    • 1) When a plea is filed in response to an equitable claim and plaintiff denies that plea, either party can have issues raised in the plea decided by a jury 2) In any suit on an equitable claim, court on its own motion or motion of either party that case will be rendered doubtful by conflicting evidence, may direct an issue to be decided by an advisory jury 3) Parties may also agree to either an advisory or regular jury

    解説

  • 2

    Family settlement doctrine

    補足(例文と訳など)

    答え

    • Virginia recognizes the ability of equity to give effect to a promise by an individual to leave their estate to a caregiver (establishing a constructive trust)

    解説

  • 3

    Unintentional misrepresentation

    補足(例文と訳など)

    答え

    • May be grounds for rescission where:. 1) the misrepresentation is material; and. 2) relied upon the other party

    解説

  • 4

    Cancellation for fraud

    補足(例文と訳など)

    答え

    • Includes: 1) Intentional misrepresentation of fact. 2) Withholding of material information. 3) Misrepresentation of a promise with no intent to keep it

    解説

  • 5

    Laches

    補足(例文と訳など)

    答え

    • 1) Intent to abandon the claim. 2) Unreasonable delay. 3) Prejudice or detriment to the other side as a result of the delay

    解説

  • 6

    When must a specific injunction regarding a bill of review be sought?

    補足(例文と訳など)

    答え

    • Within 6 months of issuance of final decree

    解説

  • 7

    Writ of mandamus

    補足(例文と訳など)

    答え

    • Issued to compel governmental action. Must show:. 1) A clear right of petitioner to the relief sought. 2) A legal duty on the part of the respondent to perform the relief sought. 3) No adequate remedy at law. * Must be a ministerial act, not discretionary

    解説

  • 8

    Equitable rescission for mistake

    補足(例文と訳など)

    答え

    • 1) Mutual mistake: As to a fact that goes to the essence of the contract. 2) Unilateral mistake: The other party takes advantage of it

    解説

  • 9

    Can you contract for an indemnity to be paid to yourself if you're held liable for negligent acts?

    補足(例文と訳など)

    答え

    • Yes, such agreements are not contrary to public policy as long as they are reached in arm's length transactions between willing persons

    解説

  • 10

    Quasi-contract (unjust enrichment)

    補足(例文と訳など)

    答え

    • 1) A benefit conferred on D by P with expectation of compensation. 2) D's knowledge of receipt of the benefit. 3) Retention of the benefit without payment would be inequitable

    解説

  • 11

    What is cancellation?

    補足(例文と訳など)

    答え

    • An equitable decree returning the parties to the pre-contract status quo

    解説

  • 12

    Covenant not to compete

    補足(例文と訳など)

    答え

    • Three considerations: 1) Duration 2) Geography 3) Function (scope of work) * Generally disfavored and strictly construed

    解説

  • 13

    Fourth Circuit's test for an injunction

    補足(例文と訳など)

    答え

    • 1) Is P likely to succeed on the merits?. 2) Is P likely to suffer irreparable harm if the injunction is not granted?. 3) Does the balance of equities favor P?. 4) Is the injunction in the public interest?

    解説

  • 14

    What happens when there are mixed claims of law and equity?

    補足(例文と訳など)

    答え

    • Law claims are tried by the jury first, and then judge uses those finding when trying the equitable issue. Which courts have jurisdiction over equity claims?

    解説

  • 15

    What does reformation require?

    補足(例文と訳など)

    答え

    • 1) A valid written contract. 2) Mutual mistake, or a mistake induced by fraud or misrepresentation. 3) A contract that fails to reflect the true agreement of the parties

    解説

  • 16

    Priority of equitable liens

    補足(例文と訳など)

    答え

    • An equitable lien gives the holder a security interest in the property subject to the lien stretching back to the point in time when the defendant unlawfully obtained title to property

    解説

  • 17

    Unclean hands

    補足(例文と訳など)

    答え

    • Bars equitable relief if P engages in wrongdoing toward D relating to the specific transaction that is the subject of the litigation and causes prejudice to D

    解説

  • 18

    Equitable rescission for undue influence

    補足(例文と訳など)

    答え

    • 1) Must show by clear and convincing evidence that free agency has been destroyed by: (a) weakness of mind + gross inadequacy of consideration; or (b) existence of a confidential relationship between the parties. 2) If shown, burden of proving that transaction was fair shifts to the proponent of the contract

    解説

  • 19

    Misappropriation of the right to publicity

    補足(例文と訳など)

    答え

    • Any person whose name or picture is used without written consent for use of trade may enjoin that use and also recover damages. If unauthorized use is knowing, can recover punitive damages.

    解説

  • 20

    Constructive trust

    補足(例文と訳など)

    答え

    • 1) Prevents unjust enrichment when control of the asset has passed to another. 2) Places the asset under the control of the court and enables the court to return the asset to its equitable power. 3) Must be proved by clear and convincing evidence

    解説

  • 21

    Voluntary conveyance

    補足(例文と訳など)

    答え

    • A conveyance made without consideration is void as to creditors whose debts were contracted when the conveyance was made

    解説

  • 22

    When are equitable remedies available?

    補足(例文と訳など)

    答え

    • 1) No adequate remedy at law. 2) Equitable relief is discretionary with the court

    解説

  • 23

    Subrogation

    補足(例文と訳など)

    答え

    • When a third party discharges a debt that B owes to A, the third party is subrogated to A's claims against B, and steps into the shoes of A with the right to bring that claim

    解説

  • 24

    Fraudulent conveyance

    補足(例文と訳など)

    答え

    • A conveyance to delay, hinder, or defraud creditors is void as to those creditors unless: 1) Conveyance is to a third party for good & valuable consideration; and 2) Third party has no knowledge of the fraudulent intent

    解説

  • 25

    What is a forthcoming bond?

    補足(例文と訳など)

    答え

    • Party who is enjoined from removing property from Virginia may be required to post bond to keep property in his possession

    解説

  • 26

    What is rescission?

    補足(例文と訳など)

    答え

    • Makes a contract voidable, and if voided, leaves the parties as if no contract has ever been made

    解説

  • 27

    What is an injunction bond?

    補足(例文と訳など)

    答え

    • May be required of the plaintiff who is seeking the injunction to compensate the defendant for damages if the plaintiff does not prevail

    解説

  • 28

    Requirements for an injunction

    補足(例文と訳など)

    答え

    • 1) Threat of substantial harm. 2) Denial of a cognizable right. 3) Lack of an adequate remedy at law. 4) Determination that equitable relief is appropriate (in court's discretion)

    解説

  • 29

    What remedies are available for unjust enrichment?

    補足(例文と訳など)

    答え

    • 1) Equitable lien: P receives a security interest in the property that may be used to satisfy debt. 2) Constructive trust: Places property under control of court, giving it power to order movement of property to rightful owner

    解説

  • 30

    When must an appeal of an injunction order be sought?

    補足(例文と訳など)

    答え

    • Within 15 days of order to appropriate court

    解説

  • 31

    What must an employer prove to enforce a covenant not to compete?

    補足(例文と訳など)

    答え

    • 1) From employer's viewpoint, the restraint is reasonable (no greater than necessary to protect his interests) 2) From employee's viewpoint, the restraint is reasonable (not duly harsh or oppressive) 3) From the viewpoint of public policy, the restraint is reasonable

    解説

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