VA Bar Exam MC Unit 2 Solved 100%
A birth parent in Virginia offered her child to a child-placing agency for adoption. Both
natural parents have consented to the adoption in writing. The child has been placed in
the home of prospective adoptive parents, but no final adoption decree has been
issued. Which of the following situations would allow the birth parent to revoke her
consent to this adoption?
The consent was obtained by fraud or duress.
The birth parents agree in writing.
The birth parents, adoptive parents, and agency orally agree.
Any standard contract defense applies. - ANSWER-The consent was obtained by fraud
or duress
A sales representative filed a complaint against an employer for breach of contract due
to the employer's failure to pay commissions on sales made by the sales representative
of the employer's products. The employer filed a counterclaim against the sales
representative for breach of the duty not to compete. The employee seeks to challenge
the sufficiency of the employer's counterclaim to state a cause of action. What pleading
should the employee file?
Demurrer
Motion to strike
Motion for a bill of particulars
Motion craving oyer - ANSWER-Demurrer
A woman filed a complaint in circuit court against her accountant and the accountant's
bookkeeper for damages based on the bookkeeper's negligence in keeping the
woman's financial records. The bookkeeper has a slander claim against the accountant
based on an unrelated incident 10 months ago. It has been 20 days since the
bookkeeper was served with process in this action, and the bookkeeper has already
filed his answer to the woman's complaint. Can the bookkeeper pursue his claim against
his employer, the accountant, as a cross-claim in this action?
No, because this claim does not relate to the subject matter of the complaint.
No, because he has already filed his answer.
Yes, because the statute of limitations for his slander claim has not expired.
Yes, because the time for filing a cross-claim has not expired. - ANSWER-No, because
this claim does not relate to the subject matter of the complaint.
Albert, an attorney, represents Carl, a client, who is under indictment for killing his boss
by asphyxiation. In the course of the representation, Carl told Albert that he had
, previously killed his uncle in the same manner and that he had buried him under the
barn near his house. Carl is not a suspect in the investigation of the disappearance of
his uncle, whose body has not been found by the police. Is Albert subject to discipline
under the Virginia Rules of Professional Conduct if he fails to voluntarily disclose to the
police his knowledge of the murder of the uncle and the location of the body?
Yes, because as an officer of the court, Albert must disclose any knowledge that he has
regarding the commission of a prior crime by his client.
Yes, because there is no protection for information revealed by a client involving
another crime committed by the client.
No, because Albert is not representing Carl with respe - ANSWER-No, because the
information was obtained during his representation of Carl.
All murder in Virginia is presumed to be which: - ANSWER-Second degree murder
An automobile passenger suffered physical injuries to her mouth due to an accident
involving the driver of another automobile. The passenger filed a complaint that
contained a claim for damages against the driver of the other automobile, alleging that
her injuries were caused by his negligent driving. Subsequently, the passenger
amended her compliant to add a breach of contract claim for damages against a dentist
who treated the passenger for her injuries. She alleged that, due to the dentist's
malpractice, she suffered injuries that were unrelated to those that she suffered due to
the accident. The dentist has filed a demurrer contending that he has been improperly
joined as a party to this action. How should the court rule on the demurrer?
For the dentist, because the passenger had improperly joined a negligence claim with a
breach of contract claim.
For the dentist, because the claim against the dentist did not - ANSWER-For the
passenger, because demurrer is not the proper pleading to a challenge a misjoinder of
a party.
During jury deliberations in a civil personal injury case brought in Virginia circuit court,
Jerry stated that he believed the defendant was liable because she was Chinese. The
jury rendered a verdict in favor of the plaintiff. After the trial, Jules, another juror,
recounted Jerry's statement to the defendant's attorney. Can the court consider Jules'
testimony regarding Jerry's statement in ruling on a request by the defendant to set
aside the verdict?
No, because Jerry made the statement during jury deliberations.
No, because Jerry's statement is inadmissible hearsay.
Yes, because Jerry's statement exhibits an overt racial/national origin bias.
A birth parent in Virginia offered her child to a child-placing agency for adoption. Both
natural parents have consented to the adoption in writing. The child has been placed in
the home of prospective adoptive parents, but no final adoption decree has been
issued. Which of the following situations would allow the birth parent to revoke her
consent to this adoption?
The consent was obtained by fraud or duress.
The birth parents agree in writing.
The birth parents, adoptive parents, and agency orally agree.
Any standard contract defense applies. - ANSWER-The consent was obtained by fraud
or duress
A sales representative filed a complaint against an employer for breach of contract due
to the employer's failure to pay commissions on sales made by the sales representative
of the employer's products. The employer filed a counterclaim against the sales
representative for breach of the duty not to compete. The employee seeks to challenge
the sufficiency of the employer's counterclaim to state a cause of action. What pleading
should the employee file?
Demurrer
Motion to strike
Motion for a bill of particulars
Motion craving oyer - ANSWER-Demurrer
A woman filed a complaint in circuit court against her accountant and the accountant's
bookkeeper for damages based on the bookkeeper's negligence in keeping the
woman's financial records. The bookkeeper has a slander claim against the accountant
based on an unrelated incident 10 months ago. It has been 20 days since the
bookkeeper was served with process in this action, and the bookkeeper has already
filed his answer to the woman's complaint. Can the bookkeeper pursue his claim against
his employer, the accountant, as a cross-claim in this action?
No, because this claim does not relate to the subject matter of the complaint.
No, because he has already filed his answer.
Yes, because the statute of limitations for his slander claim has not expired.
Yes, because the time for filing a cross-claim has not expired. - ANSWER-No, because
this claim does not relate to the subject matter of the complaint.
Albert, an attorney, represents Carl, a client, who is under indictment for killing his boss
by asphyxiation. In the course of the representation, Carl told Albert that he had
, previously killed his uncle in the same manner and that he had buried him under the
barn near his house. Carl is not a suspect in the investigation of the disappearance of
his uncle, whose body has not been found by the police. Is Albert subject to discipline
under the Virginia Rules of Professional Conduct if he fails to voluntarily disclose to the
police his knowledge of the murder of the uncle and the location of the body?
Yes, because as an officer of the court, Albert must disclose any knowledge that he has
regarding the commission of a prior crime by his client.
Yes, because there is no protection for information revealed by a client involving
another crime committed by the client.
No, because Albert is not representing Carl with respe - ANSWER-No, because the
information was obtained during his representation of Carl.
All murder in Virginia is presumed to be which: - ANSWER-Second degree murder
An automobile passenger suffered physical injuries to her mouth due to an accident
involving the driver of another automobile. The passenger filed a complaint that
contained a claim for damages against the driver of the other automobile, alleging that
her injuries were caused by his negligent driving. Subsequently, the passenger
amended her compliant to add a breach of contract claim for damages against a dentist
who treated the passenger for her injuries. She alleged that, due to the dentist's
malpractice, she suffered injuries that were unrelated to those that she suffered due to
the accident. The dentist has filed a demurrer contending that he has been improperly
joined as a party to this action. How should the court rule on the demurrer?
For the dentist, because the passenger had improperly joined a negligence claim with a
breach of contract claim.
For the dentist, because the claim against the dentist did not - ANSWER-For the
passenger, because demurrer is not the proper pleading to a challenge a misjoinder of
a party.
During jury deliberations in a civil personal injury case brought in Virginia circuit court,
Jerry stated that he believed the defendant was liable because she was Chinese. The
jury rendered a verdict in favor of the plaintiff. After the trial, Jules, another juror,
recounted Jerry's statement to the defendant's attorney. Can the court consider Jules'
testimony regarding Jerry's statement in ruling on a request by the defendant to set
aside the verdict?
No, because Jerry made the statement during jury deliberations.
No, because Jerry's statement is inadmissible hearsay.
Yes, because Jerry's statement exhibits an overt racial/national origin bias.
