Chapter 9: Research hypotheticals
Published: June 16, 2008
This chapter contains a number of legal research hypotheticals, along with suggested answers. The VLW Web site is a great place to start your legal research – often you’ll remember a case you saw or a story; a quick Google search of the material in our Archives will help you hone that memory or focus [...]
Administrative - Declaratory Judgment – Sweepstakes Game – Legality 
Published: June 16, 2008
A Richmond Circuit Court cannot award declaratory relief in this suit by a plaintiff who is attempting to have the Virginia Department of Alcoholic Beverage Control declare that a sweepstakes game associated with the purchase of prepaid long distance telephone cards at ABC licensed stores is not illegal gambling under Virginia law.
The pleading outlines various [...]
Medical Malpractice - Back Surgery – Artificial Disc
Published: June 16, 2008
After a bench trial, a Richmond Circuit Court awards plaintiff physician $650,000 against a surgeon and his practice, jointly and severally, for the plaintiff’s damages arising from back surgery negligently performed by defendant surgeon.
Based on the testimony of defendant and his expert witness on the standard of care, the disc space in which the Maverick [...]
Contract - Road Construction – Project Extension – Office Overhead Expense
Published: June 16, 2008
In this decision from Norfolk Circuit Court, the Virginia Department of Transportation wins partial summary judgment on a contractor’s claims for additional compensation for a VDOT-issued work order that extended project completion by a total of 20 days.
The contractor, hired for a project for 11 bridges and related roadwork in Clarksville, Va., claims it is [...]
Contract - Road Construction – Written Notice Of Claim - Waiver
Published: June 16, 2008
A contract provision between VDOT and a contractor hired to work on the Route 58 Clarksville Bypass in Mecklenburg County, stating that written notice of “an existing or impending claim for damages” could change VDOT’s plans, does not mean that written notice is an absolute prerequisite for later filing suit, a Norfolk Circuit Court holds.
The [...]
Domestic Relations - Shared Custody – School Attendance
Published: June 16, 2008
Where the father knew mother had moved to Leesburg when the parties signed a “Parenting Schedule” for their custody and visitation arrangement that provided for the child’s “primary physical residence,” the trial court did not err in refusing to change the child’s residence to Centreville where the father lived with his new wife.
Clearly, the circumstances [...]
Domestic Relations - Marital Debt Payment – Show Cause Order
Published: June 16, 2008
A divorce court erred in holding that it could not enforce husband’s promise, as part of the parties’ PSA incorporated into their final divorce decree, to pay a marital debt, and the Court of Appeals reverses judgment for husband and remands the case.
Wife contends the trial court erred in concluding it lacked authority to enforce [...]
Domestic Relations - Marital Estate – Post-Nuptial Agreements
Published: June 16, 2008
In this ongoing litigation since the parties divorced in 1999, wife’s present appeal contains procedural deficiencies and presents numerous questions that were not supported by law or evidence, and the Court of Appeals holds that husband is entitled to attorney’s fees for the appeal and the fee hearing on remand, as well as reasonable collection [...]
Domestic Relations - Custody – GAL – Girlfriend’s Drug Testing
Published: June 16, 2008
A mother cannot overturn award of primary custody of her daughter to the father by arguing the guardian ad litem should not have continued to represent the child on appeal to the circuit court.
Mother contends the trial court erred in allowing the GAL to remain in the case upon appeal from the JDR court. She [...]
Criminal - Sexual Solicitation Minor – ‘Communications System’ – First Amendment
Published: June 16, 2008
The Virginia Court of Appeals upholds a Virginia statute that prohibits using a “communications system” to solicit a minor, or person believed to be a minor, for sex, against a challenge that the statute, Va. Code § 18.2-374.3(B), violates First Amendment free speech rights.
Defendant used e-mail to send another person photographs of a 16-year-old girl [...]
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