|
Virginia Civil Procedure
Virginia civil procedure is the body of law that sets out the rules and standards that Virginia courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). Professor W. Hamilton Bryson is the preeminent master and legal scholar on Virginia Civil Procedure. Many commentators particularly equate him with the "scholars and lords chancellors of old." The Virginia Court System The Virginia court consists of four levels of courts: the Supreme Court of Virginia, the Court of Appeals of Virginia, the Virginia Circuit Court, and the Virginia General District Court. In addition, magistrates serve as judicial officers with authority to issue various types of processes. Procedural evolution Like the other Thirteen Colonies, Virginia originally adopted a system of common law procedure borrowed from English law, including the forms of action. However, Virginia never adopted the system of code pleading proposed by David Dudley Field II to abolish the forms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Virginia
The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative law cases that are initially appealed to the Court of Appeals of Virginia. It is one of the oldest continuously active judicial bodies in the United States. It was known as the Supreme Court of Appeals until 1970, when it was renamed the Supreme Court of Virginia because it has original as well as appellate jurisdiction. History of the Supreme Court of Virginia Colony of Virginia The Supreme Court of Virginia has its roots in the seventeenth century English legal system, which was instituted in Virginia as part of the Charter of 1606 under which Jamestown, Virginia, the first permanent English settlement in North America, was established. In 1623, the Virginia House of Burgesses created a five-member appellate court, which met quarte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeals Of Virginia
The Court of Appeals of Virginia, established January 1, 1985, is an intermediate appellate court of 17 judges that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc. Appeals from the Court of Appeals go to the Supreme Court of Virginia. History The need for expanded appellate capacity was first recognized in 1971. The report''Report of the Court System Study Commission to The Governor and The General Assembly of Virginia'', Virginia House Document No. 6 (1972 Regular Session) (1971) of the Virginia Court System Study Commission, composed of distinguished legislators and members of the bench and bar, recommended a reorganization plan for a unified court system. The Commission, chaired by former Chief Justice Lawrence W. I'Anson, recognized the need for an intermediate appellate court in Virginia which would absorb the bulk of review of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Virginia Law
The law of Virginia consists of several levels of legal rules, including constitutional, statutory, regulatory, case law, and local laws. The ''Code of Virginia'' contains the codified legislation that define the general statutory laws for the Commonwealth. Sources of law in Virginia The Constitution of Virginia is the foremost source of state law. Legislation is enacted by the General Assembly, published in the '' Acts of Assembly'', and codified in the ''Code of Virginia''. State agency regulations (sometimes called administrative law) are published in the '' Virginia Register of Regulations'' and codified in the ''Virginia Administrative Code''. Virginia's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court, Court of Appeals, and Circuit Courts, which may be published in the '' Virginia Reports'', '' Virginia Court of Appeals Reports'', and ''Virginia Circuit Court Opinions'', respectively. Counties and municipalit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collection Of Judgments In Virginia
The collection of judgments in Virginia may be accomplished under a number of routes provided under Virginia law, depending on the amount of the judgment and the particular assets that the judgment creditor wishes to pursue. Requirement of a "public act" Generally, a creditor who has obtained a monetary judgment (a ruling from a court under which another party is required to pay money to the creditor) may enforce this judgment through the seizure and forced sale of the debtor's property, through the seizure of money held in the debtor's bank accounts, and through garnishment of the debtor's wages. In each instance, however, the creditor is required to engage in a "public act", such as the recording of a lien on the title to the debtor's real estate to be seized, or using other public notice to place a lien on debtor's personal property. Thus, the required public act fixes a lien on the debtor's property. Not only does this establish the rights of the creditor to seize and sell the pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of Virginia
The law of Virginia consists of several levels of legal rules, including constitutional, statutory, regulatory, case law, and local laws. The ''Code of Virginia'' contains the codified legislation that define the general statutory laws for the Commonwealth. Sources of law in Virginia The Constitution of Virginia is the foremost source of state law. Legislation is enacted by the General Assembly, published in the '' Acts of Assembly'', and codified in the ''Code of Virginia''. State agency regulations (sometimes called administrative law) are published in the '' Virginia Register of Regulations'' and codified in the ''Virginia Administrative Code''. Virginia's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court, Court of Appeals, and Circuit Courts, which may be published in the '' Virginia Reports'', '' Virginia Court of Appeals Reports'', and ''Virginia Circuit Court Opinions'', respectively. Counties and municipalit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Of Virginia
The Judiciary of Virginia is defined under the Constitution of Virginia, Constitution and law of Virginia and is composed of the Supreme Court of Virginia and subordinate courts, including the Court of Appeals of Virginia, Court of Appeals, the Virginia Circuit Court, Circuit Courts, and the Virginia General District Court, General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers. Courts Supreme Court The Supreme Court of Virginia is the supreme court, highest court in the Commonwealth of Virginia and is made up of seven justices. It primarily hears appeals from the trial-level city and county Circuit Courts. Although the Supreme Court of Virginia possesses both original jurisdiction, original and appellate jurisdiction, its primary function is to review decisions of lower ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uniform Arbitration Act
The Uniform Arbitration Act was a United States act from 1955 which specified arbitration in the United States law. It was created by the National Conference of Commissioners on Uniform State Laws. The law is currently preempted in almost all contexts by the 1925 FAA. The act was drafted as a model arbitration statute to allow each U.S. state to adopt a uniform law of arbitration, instead of having each state enact a unique arbitration statute. The act was updated by the Uniform Law Commission in the year 2000. The new act, called the "Revised Uniform Arbitration Act" has been adopted by eighteen states. Thirty-five states have adopted some version of the Uniform Arbitration Act. References {{reflist Arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ' ... Arbitration law [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Of Process In Virginia
Service of process in Virginia encompasses the set of rules indicating how a party to a lawsuit must be given service of process in the state of Virginia, in order for the judiciary of Virginia to have jurisdiction over that party. In the Virginia General District Court, the summons is referred to as either a "warrant" or as a "notice of motion for judgment" depending on the kind of case brought. In the Virginia Circuit Court it is simply called a summons. Waiver of service As in federal court, the plaintiff may seek a waiver of service by mailing the defendant two copies a request to waive service of process along with a form provided by the court, and a prepaid envelope for return delivery. A Virginia defendant may return the waiver within 30 days, and will then be given 60 days from the date that the request was sent to file a responsive pleading. An out-of-state defendant has 60 days to return service, and then gets 90 days to file a response. If the defendant refuses to waive s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Venue (law)
In law, the venue is the location where a case is heard. United States Criminal venue The perceived abuse of English criminal venue law was one of the enumerated grievances in the United States Declaration of Independence, which accused George III of the United Kingdom of "transporting us beyond Seas to be tried for pretended offenses."U.S. Declaration of Independence. Article Three of the United States Constitution provides: "Trial of all Crimes . . . shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed." The "where the said Crimes shall have been committed" language refers to the locus delicti, and a single crime may often give rise to several constitutionally permissible venues. " e ''locus delicti'' must be determined from the nature of the crime alleged and the location of the act or acts constituting it." Thus, venue may be cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Virginia
The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative law cases that are initially appealed to the Court of Appeals of Virginia. It is one of the oldest continuously active judicial bodies in the United States. It was known as the Supreme Court of Appeals until 1970, when it was renamed the Supreme Court of Virginia because it has original as well as appellate jurisdiction. History of the Supreme Court of Virginia Colony of Virginia The Supreme Court of Virginia has its roots in the seventeenth century English legal system, which was instituted in Virginia as part of the Charter of 1606 under which Jamestown, Virginia, the first permanent English settlement in North America, was established. In 1623, the Virginia House of Burgesses created a five-member appellate court, which met quarte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Virginia Circuit Court
The Virginia Circuit Courts are the state trial courts of general jurisdiction in the Commonwealth of Virginia. The Circuit Courts have jurisdiction to hear civil and criminal cases. For civil cases, the courts have authority to try cases with an amount in controversy of more than $4,500 and have exclusive original jurisdiction over claims for more than $25,000. In criminal matters, the Circuit Courts are the trial courts for all felony charges and for misdemeanors originally charged there. The Circuit Courts also have appellate jurisdiction for any case from the Virginia General District Courts (the trial courts of limited jurisdiction in Virginia) claiming more than $50, which are tried ''de novo'' in the Circuit Courts. The state has 120 courts divided among 31 judicial circuits. Judges of the Virginia Circuit Courts are appointed by the legislature, and serve an eight-year term, after which they may be reappointed. The only mandatory qualification for appointment as a Circuit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeals Of Virginia
The Court of Appeals of Virginia, established January 1, 1985, is an intermediate appellate court of 17 judges that hears appeals from decisions of Virginia's circuit courts and the Virginia Workers' Compensation Commission. The Court sits in panels of at least three judges, and sometimes hears cases en banc. Appeals from the Court of Appeals go to the Supreme Court of Virginia. History The need for expanded appellate capacity was first recognized in 1971. The report''Report of the Court System Study Commission to The Governor and The General Assembly of Virginia'', Virginia House Document No. 6 (1972 Regular Session) (1971) of the Virginia Court System Study Commission, composed of distinguished legislators and members of the bench and bar, recommended a reorganization plan for a unified court system. The Commission, chaired by former Chief Justice Lawrence W. I'Anson, recognized the need for an intermediate appellate court in Virginia which would absorb the bulk of review of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
