Criminal Law

Criminal Law

Q1: Felony and misdemeanor

Virginia Code §§18.2-9 through 18.2-11 outline the classification for both felony and misdemeanor offenses. There are four classes of misdemeanor offenses in Virginia. Class three and four misdemeanors are punishable with fines only while class one and two misdemeanors carry a potential one year or six month jail sentence respectively. There are six felony classes with the most severe punishment being class one. The chart below outlines the potential range of punishment for various classes of offenses. In this case, Joe has committed a class four misdeameanor.

Q2: Frozen French Fry and Veteran Leg Brace Case

As a threshold matter, the court must treat the USDA's motion to dismiss as a motion for summary judgment. "When matters outside the pleadings are presented to and not excluded by the district court, the district court must convert a motion to dismiss into a motion for summary judgment." Burns v. Harris County Bail Bond Bd., 139 F.3d 513, 517 (5th Cir.1998). By tendering the administrative record to the court, the USDA has presented material to the court that falls outside the pleadings. Accordingly, the court converts the USDA's motion to dismiss under Rule 12(b)(6) into a motion for summary judgment.

The mental assent of the parties is not requisite for the formation of a contract. If the words or other acts of one of the parties have but one reasonable meaning, his undisclosed intention is immaterial except when an unreasonable meaning which he attaches to his manifestations is known to the other party.

Q3: Homestead Exemption in Virginia

The homestead exemption may be used without filing a recorded claim in some States, while in others; a designation of homestead may be required. On the other hand, in virtually every State, in order to receive a homestead tax exemption the property must be designated as such. In Virginia, up to $5,000, but may be increased by $500 for each dependant residing on property, no area limitation Code of Virginia, §34-4

Q4: Legal Workout

The term "workout" is used to describe a more formal, mutually-negotiated modification of debt that does not involve a bankruptcy filing. Simply stated, a workout is an agreement worked out between the debtor and his or her creditors for payment of the debts between them. The agreement is negotiated without all the bells and whistles (and perhaps the stigma) of the bankruptcy process.

Q5: Why do bankruptcy proceedings require that the debtor list ...