Wednesday, May 30, 2012

Questions of the Day (#2)

MBE
What is the distinguishing factor between covenant at law and equitable servitude? List the common requirements of both.

Answer: Covenant at law involves money damages, whereas equitable servitude involves equitable or injunctive relief. Where there is a promise that forbids a particular use of land, usually that's an equitable servitude. Common requirements for both: (1) Intent by original parties to benefit a particular parcel; (2) burden must touch and concern (T/C) D's land, and benefit must T/C P's land; and (3) notice to D (actual or constructive).

Virginia Essays
On what grounds will a Virginia court grant a new trial?

Answer: (1) Prejudicial error by the court.
               (2) Misconduct of a party, attorney, juror, or third party.
               (3) New evidence discovered, or the failure to produce at trial was not because of a lack of       diligence.
               (4) Unfair surprise by material evidence at trial.
               (5) Excessive or inadequate damages that "shock the conscience."

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