Virginia Law

Chapter 20. Law Reader Program Rule

Part I
General

18VAC35-20-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Board of Bar Examiners" or "board" means the Virginia Board of Bar Examiners, whose members are appointed by the Supreme Court of Virginia.

"Full-time practice of law" means at the discretion of the board, service as a law clerk for a trial or appellate judge or employment as an instructor or professor at an ABA approved law school.

"Program" means the law reader program authorized by § 54.1-3926 of the Code of Virginia and implemented in this chapter.

"Reader" means a person, whose application for enrollment in the law reader program has been accepted by the board.

"Six-year rule" means the maximum amount of time any reader shall be permitted to stay in the program without successfully completing the course of study, and is measured from the first day of the month in which the reader is authorized to begin the program. For good cause shown, the board may, in its discretion, extend the time a reader is permitted to stay in the program.

Statutory Authority

§ 54.1-3922 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 1.1, eff. March 1, 1993.

18VAC35-20-20. Purpose of regulation.

A. The law reader program authorized by subdivision 2 of § 54.1-3926 of the Code of Virginia and implemented in this chapter is administered by the Board of Bar Examiners, which is an agency of the Supreme Court of Virginia.

B. The law reader program is intended to provide an alternative legal education for people who, although otherwise qualified for admission to law school, are by reason of various circumstances unable to take or complete a law school course of study. The program is not intended for persons who are unable, by reason of academic, aptitude, or other deficiencies, to obtain admission to an approved law school. The program is designed to supply in combination a theoretical, scholastic and clinical experience.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 1.2, eff. March 1, 1993.

18VAC35-20-30. Special considerations.

A. The law reader program is not an exact equivalent of law school. It cannot provide all the benefits traditionally associated with a law school environment and education.

B. These regulations are premised on concepts of good faith and integrity. The board cannot administer and supervise the readership on the daily basis expected in a traditional law school environment. The board expects the supervising attorney and the reader to adhere to the letter and the spirit of the program.

C. The board will not help an applicant for the law reader program find a supervising attorney and will not evaluate in advance the qualifications of a potential supervising attorney.

D. The reader may not be employed by and may not receive any remuneration or perquisites from the supervising attorney, any firm of which the supervising attorney may be a member or associate, or anyone with whom the supervising attorney may share office facilities. The supervising attorney is not precluded from charging reasonable monetary compensation in return for instructing the reader; but the law reader program is not to be used as a means for a supervising attorney to obtain inexpensive labor.

Statutory Authority

§ 54.1-3922 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 1.3, eff. March 1, 1993.

Part II
Board of Bar Examiners

18VAC35-20-40. Responsibilities.

The board will make decisions regarding:

1. Acceptance or rejection of an application for enrollment in the program;

2. Acceptance or rejection of a lawyer to act as a supervising attorney;

3. A petition for advance standing;

4. A direction to the reader to change supervising attorneys;

5. Termination of a reader's enrollment in the program;

6. A petition for readmission;

7. Changes in course contents, course descriptions, or program completion requirements;

8. Any exceptions to the running of the six-year rule; and

9. Any other matter related to the program or referred to the board by the Supreme Court of Virginia.

Statutory Authority

§ 54.1-3922 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 2.1, eff. March 1, 1993.

18VAC35-20-50. Filing.

All petitions or requests shall be in writing and shall be directed to the board at the office of the Secretary of the Board of Bar Examiners. No application, petition, request, or other document is deemed filed until actually received, complete with all attachments, in the Office of the Secretary of the Board.

Statutory Authority

§ 54.1-3922 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 2.2, eff. March 1, 1993.

Part III
Application Procedures

18VAC35-20-60. Applicants.

Every applicant for enrollment in the program shall:

1. Complete the appropriate forms and file them with the board on or before the filing deadlines, which shall be October 1 for applicants desiring to begin study on the following January 1, and April 1 for applicants desiring to begin study on July 1;

2. Submit a transcript, certified by the institution, which shows all undergraduate and graduate course work, and the grades received, the date a bachelor's degree was awarded, and the subject in which it was granted;

3. Provide such evidence as the board may require to prove that the applicant is a person of honest demeanor and good moral character and possesses the requisite fitness to practice law;

4. At the request of the board, provide the applicant's official scoring record on the Law School Admission Test (LSAT) taken within one year of the application for enrollment, showing a score acceptable for admission to an approved law school in Virginia;

5. Designate the month (either January or July) in which the applicant plans to begin the program if the application is approved;

6. Attach the required supervising attorney's statement;

7. Pay a nonrefundable fee of $500; and

8. Appear for an interview, provide any additional information or proof, or cooperate in any investigation, as may be directed by the board.

Statutory Authority

§ 54.1-3922 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 3.1, eff. March 1, 1993.

18VAC35-20-70. Notification.

The board will notify an applicant of acceptance or rejection of the application for enrollment. If accepted, then notification will specify the month the reader is authorized to begin the program. All programs shall begin on either the first day of January or the first day of July, as specified in the notice.

Statutory Authority

§ 54.1-3922 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 3.2, eff. March 1, 1993.

Part IV
Advanced Standing

18VAC35-20-80. Eligibility.

An applicant may request credit toward completion of the program for subjects previously studied at the approved law school.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 4.1, eff. March 1, 1993.

18VAC35-20-90. Prescribed courses.

All readers are required to pass the prescribed courses established in Part VI. This requirement may not be waived. Readers seeking advanced standing must establish to the satisfaction of the board that the courses for which they seek credit are equivalent to prescribed courses in Part VI.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 4.2, eff. March 1, 1993.

18VAC35-20-100. Special application procedures.

An applicant may petition the board for advanced standing.

A. The petition shall explain, under these headings:

1. The law school subjects for which credit is sought;

2. Which of those law school subjects are claimed to satisfy prescribed course requirements;

3. Which of those law school subjects appear to be equivalent to the approved electives in 18VAC35-20-230 of this chapter; and

4. A description of those law school subjects which the reader proposes to use to satisfy the fourth-year curriculum in 18VAC35-20-230 of this chapter.

B. The applicant shall attach:

1. A law school transcript showing all course work and grades, and certified by the institution;

2. A law school bulletin or other information from the institution describing the subject matter taught in the courses for which credit is sought; and

3. Any additional information the applicant believes will be helpful or which the board has requested.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 4.3, eff. March 1, 1993.

18VAC35-20-110. Determination.

A. In granting advanced standing, the board will specify:

1. Any prescribed courses the applicant has completed;

2. Any prescribed courses the applicant will be required to pass; and

3. Any law school courses the applicant will be allowed to use to satisfy the fourth-year curriculum.

B. In its discretion, the board may also require the applicant to take and pass certain subjects which appear necessary to prepare the applicant to practice law in this state regardless of whether or not those courses are prescribed courses or approved elective courses. The board may require the applicant to take remedial or other legal or nonlegal instruction.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 4.4, eff. March 1, 1993.

Part V
Supervising Attorneys

18VAC35-20-120. Responsibility.

A. The supervising attorney is responsible for supervising and guiding the reader's education and for setting an example of the highest ethical and professional conduct. The supervising attorney has an obligation not only to instruct the reader, but to ensure that only fully competent readers sit for the bar examination.

B. In addition to any other requirements, a potential supervising attorney shall appear for an interview, provide any additional information or proof, or cooperate in any investigation, as may be directed by the board.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 5.1, eff. March 1, 1993.

18VAC35-20-130. Qualifications.

The potential supervising attorney must meet the qualifications established by the board. For the purposes of the rules and this chapter, the supervising attorney is required to remain an active member in good standing of the Virginia State Bar throughout the period of the supervision.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 5.2, eff. March 1, 1993.

18VAC35-20-140. Duties.

In addition to the "personal supervision" required, the supervising attorney's responsibilities shall include:

1. Choosing textbooks, casebooks, and resource materials for each course;

2. Guiding and assisting the reader's study of each subject, using the course descriptions as a basic outline of course content and emphasizing pertinent state law. Throughout the curriculum the supervising attorney shall emphasize legal ethics and professional responsibility issues which arise during the course of study of all subjects;

3. Assisting the reader in planning the sequence and timing of each prescribed course and of the fourth-year curriculum;

4. Evaluating the reader's progress;

5. Developing, administering, and grading the examinations;

6. Submitting the graded examinations and the required quarterly certificates to the board in the manner and within the time prescribed in this chapter;

7. Submitting the course grade to the board within 15 working days of the end of the quarter in which the course was completed;

8. Appearing before the board or its designees during the oral evaluation or at such other times as the board may direct; and

9. Providing the reader with an adequate work station and with reasonable access to an adequate law library.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 5.3, eff. March 1, 1993.

18VAC35-20-150. Examinations.

The supervising attorney is responsible for the content and administration of all examinations:

1. Although no substantive content is prescribed by the board, it is anticipated such an examination will test the reader's comprehension of the current subject matter, and the reader's understanding of the ethical, professional and practical aspects of practicing law;

2. The course descriptions in Part IX state the minimum level of knowledge the board expects a reader to obtain in each subject, and provide guidance to the supervising attorney in formulating examinations; and

3. The supervising attorney shall administer to the reader an examination covering the subject or subjects immediately following the completion of study of such subjects.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 5.4, eff. March 1, 1993.

Part VI
Course of Study

18VAC35-20-160. Structure.

A. The program is a four calendar year course of study. A reader completes the program by passing all the prescribed courses and six elective courses in that period of time.

B. Each calendar year consists of 48 weeks during which the reader is required to study six subjects. A reader may not take more course work in any calendar year than is prescribed by this chapter, without prior board approval.

C. The program is structured so the reader may elect to study only one subject at a time and pass it before beginning the next subject, or may elect to study two or more courses during the same period. The minimum number of hours to be devoted to each subject is prescribed by regulation.

D. All courses in the program are to be graded as pass or fail only. "Pass" means that the reader has exhibited reasonable comprehension of the theory and practice of any given subject to the satisfaction of the supervising attorney and the board.

E. The supervising attorney shall use textbooks, casebooks, and other written, legal materials, selected from those in use at any of the ABA approved law schools in Virginia, to guide the reader through the subject matter of each course. The supervising attorney may use other appropriate materials with the prior approval of the board.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 6.1, eff. March 1, 1993.

18VAC35-20-170. Jurisprudence.

Every reader is required to take the jurisprudence course, which is a four-year reading program intended to familiarize the reader with legal history, philosophy, theory and biography.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 6.2, eff. March 1, 1993.

18VAC35-20-180. Professional responsibility and legal ethics.

Although professional responsibility is designated as a specific course to be completed during a reader's third year of study, it is expected that the supervising attorney will identify, emphasize and examine the reader on the ethical issues which arise during the study of every prescribed course and elective.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 6.3, eff. March 1, 1993.

18VAC35-20-190. First year.

To complete the first year of the program, the reader shall pass the following prescribed courses. The course entitled "Basic Legal Skills" shall be studied and passed first. Thereafter, the courses may be studied in any order.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 6.4, eff. March 1, 1993.

18VAC35-20-200. Second year.

To complete the second year of the program, the reader shall pass the following prescribed courses, in any order:

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 6.5, eff. March 1, 1993.

18VAC35-20-210. Third year.

To complete the third year of the program, the reader shall pass the following prescribed courses, in any order:

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 6.6, eff. March 1, 1993.

18VAC35-20-220. Fourth year.

The fourth year of the program is devoted to elective subjects. The reader, in consultation with the supervising attorney, shall develop a fourth year curriculum tailored to the reader's specific areas of interest. The reader shall then petition the board, at least six months prior to the commencement of the fourth year, for approval of the proposed fourth year course of study:

1. The petition shall be in writing and shall include a detailed course description for each subject intended to be studied, a suggested length of time for each subject, and an explanation of the reader's general goals for the fourth year;

2. The petition may omit course descriptions if the reader selects electives already designated on the "Recommended Electives" list; and

3. Under no circumstances will approval or recognition be given to courses directed to fulfillment of a continuing legal or other professional education requirement, or intended to provide preparation for a bar examination, or taught through correspondence or any equivalent. No credit shall be given at any time during the course of study for time spent studying bar review materials.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 6.7, eff. March 1, 1993.

18VAC35-20-230. Recommended approved electives.

The following electives have already been approved, have a course description and have been allocated a required number of study hours. They are recommended because they will broaden the reader's legal background, perspective, and skills:

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 6.8, eff. March 1, 1993.

Part VII
Board Evaluations

18VAC35-20-240. Frequency.

At least annually, the board through one or more of its members or designees, may conduct an oral evaluation at which the reader and the supervising attorney shall be present. The board may at any other time, in its discretion, conduct an oral evaluation at which the reader and the supervising attorney shall be present. The board may, in its discretion, require the supervising attorney and the law reader to submit a written report in addition to or in lieu of any oral examination.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 7.1, eff. March 1, 1993.

18VAC35-20-250. Determination of progress.

The board will not normally test the reader's substantive knowledge, but will ascertain whether or not the reader appears to be progressing satisfactorily in the program.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 7.2, eff. March 1, 1993.

18VAC35-20-260. Materials.

In making its evaluation, the board may consider:

1. The substantive contents of all examinations;

2. The supervising attorney's quarterly certificates;

3. Any written course work; and

4. Any other written or oral materials deemed to be pertinent by the board.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 7.3, eff. March 1, 1993.

18VAC35-20-270. Decision.

At the conclusion of an evaluation, the board may:

1. Determine whether the reader appears to have successfully archived an understanding of the preceding year's work and is eligible and authorized to begin the next year of the program;

2. Determine the reader has satisfactorily completed the program and is qualified to sit for the bar examination, subject to any requirements for sitting for the bar examination as set forth in the Rules of the Virginia Board of Bar Examiners;

3. Direct the reader to repeat designated prescribed or elective courses, devote more time to each course, take remedial legal or nonlegal instruction, appear before the board at more frequent intervals for an examination which may be written or oral;

4. Require the reader to change supervising attorneys; or

5. Advise the reader that the reader's enrollment in the program is terminated.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 7.4, eff. March 1, 1993.

18VAC35-20-280. Other evaluations.

Either the supervising attorney or the reader may petition the board for an evaluation or consultation at times other than those specified by the board.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 7.5, eff. March 1, 1993.

18VAC35-20-290. Notice.

At the conclusion of any evaluation, the board will provide a brief, written summary of its decision to the reader and to the supervising attorney.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 7.6, eff. March 1, 1993.

Part VIII
Withdrawal

18VAC35-20-300. Voluntary withdrawal by reader.

A reader who wishes to withdraw from the program shall notify the board in writing. The supervising attorney shall give the board a written report summarizing the supervising attorney's evaluation of the reader's progress and standing in the program.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 8.1, eff. March 1, 1993.

18VAC35-20-310. Involuntary withdrawal by reader.

A reader will be deemed to have withdrawn from the program and will be required to petition for readmission if:

1. Any examination or quarterly supervising attorney's certificate is not received by the board within the time specified by regulation; or

2. The reader is absent from the program for more than four weeks in a calendar year without the board's prior approval of a petition for a leave of absence.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 8.2, eff. March 1, 1993.

18VAC35-20-320. Voluntary withdrawal by supervising attorney.

A supervising attorney who wishes to withdraw from that position shall notify the board and the reader in writing at least two months prior to the expected date of such withdrawal, unless the action is necessitated by illness in which event the time limit does not apply.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 8.3, eff. March 1, 1993.

18VAC35-20-330. Involuntary withdrawal by supervising attorney.

The supervising attorney will be deemed to have withdrawn from the position (i) if a disciplinary sanction is imposed upon a supervising attorney, whether or not the sanction is appealed, or (ii) if the supervising attorney is convicted of a felony or any misdemeanor which involves lying, cheating, stealing or other dishonesty.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 8.4, eff. March 1, 1993.

18VAC35-20-340. Effect on the six-year rule.

If the need to change supervising attorneys is not a result of the reader's actions, the board will suspend the running of the six-year rule during the reasonable time the reader uses his best efforts to find a replacement supervising attorney.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 8.5, eff. March 1, 1993.

Part IX
Course Descriptions

Article 1
First Year

18VAC35-20-350. Basic legal skills.

Article 1
First Year

Introduction to basic legal reference materials (including judicial, legislative and administrative primary and secondary sources) and their use; techniques of legal reasoning, analysis and synthesis; legal writing styles. Familiarization with the structure of the federal and state court systems, the concept of case law in a common law jurisdiction, fundamental principles of stare decisis and precedent, the legislative process, principles of statutory construction and interpretation. Reader should be assigned projects of increasing difficulty such as: case abstracts, analysis of a trial record to identify issues, short quizzes to demonstrate ability to locate primary and secondary sources, office memoranda or trial-oriented memoranda of authorities to demonstrate ability to find the law applicable to a factual situation and to differentiate unfavorable authority, and an appellate level brief.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.1, eff. March 1, 1993.

18VAC35-20-360. Civil procedure I.

Fundamentals of pleading and procedure in civil litigation, as structured by the Federal Rules of Civil Procedure and the Rules of the Supreme Court of Virginia. Study shall include: jurisdiction over the person and subject matter, venue, time limits, commencement of actions, pleadings, parties, impleader, interpleader, motions, class actions and intervention, res judicata and collateral estoppel, discovery and other pretrial devices, joinder, summary judgment, judgments, post-trial motions. Reader should be required to draft complaints and other initial pleadings, answers and grounds of defense, motions, jury instructions, finding of fact and conclusions of law, judgment orders and decrees, interrogatories, and requests for admission.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.2, eff. March 1, 1993.

18VAC35-20-370. Contracts.

Study of legal principles related to the formation, operation and termination of the legal relation called contract. General topics include: offer and acceptance, consideration, issues of interpretation, conditions, performance, breach, damages or other remedies, discharge, the parol-evidence rule, the statute of frauds, illegality, assignments, and beneficiaries.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.3, eff. March 1, 1993.

18VAC35-20-380. Criminal law and procedure.

Study of substantive criminal law including concepts such as elements of criminal responsibility, principles of justification and excuse, parties, attempts, conspiracy, specific crimes, statutory interpretation, some introduction to sentencing philosophies and to juvenile offender law. Constitutional doctrines governing criminal procedure. Topics include: Fourth, Fifth, Sixth and Eighth Amendments, pertinent due process provisions of Fourteenth Amendment, search and seizure, confessions, identification procedures, right to counsel, arrest, jury trial, double jeopardy, and pertinent provisions of the state constitution. Part 3A of the Rules of the Supreme Court of Virginia are examined as they relate to the procedural aspects of the constitutional issues.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.4, eff. March 1, 1993.

18VAC35-20-390. Property, real and personal.

Study of the ownership, use, and transfer of real and personal property in both historical and modern times. Topics include: estates and interests in land, future interests, concurrent ownership, easements, equitable servitudes, conveyances, real estate contracts, land trusts, nuisance, adverse possession, land use controls, landlord-tenant, the recording system, and title insurance.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.5, eff. March 1, 1993.

18VAC35-20-400. Torts.

Study of the historical development, principles, concepts and purposes of the law relating to redress of private injuries. Topics include: conversion, trespass, nuisance, intentional tort, negligence, strict liability, products liability, concepts of duty, causation, and damage, limitations on liability such as proximate cause, contributory negligence, assumption of the risk, immunity, and comparative negligence.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.6, eff. March 1, 1993.

Article 2
Second Year

18VAC35-20-410. Agency and partnership.

Article 2
Second Year

Legal principles of agency law including definition of the agency relationship, authority and power of agents, notice and knowledge, rights and duties between participants in the relationship, termination of agency relationship, master-servant relationship. Partnership law using the Uniform Partnership Act as a model code. Topics include: formation, partners' rights and duties between themselves, powers, unauthorized acts, notice and knowledge, incoming partner liability, indemnification, contribution, partner's two-fold ownership interest, co-ownership interests and liabilities, creditor's claims and remedies, dissolution events, winding up, distribution of asset rules. Study of the Uniform Limited Partnership Act and joint venture law.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.7, eff. March 1, 1993.

18VAC35-20-420. Conflict of laws.

Study of that part of the law that determines by which state's law a legal problem will be solved. Topics include: choice-of-law problems in torts, contracts, property, domestic relations, administration of estates, and business associations.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.8, eff. March 1, 1993.

18VAC35-20-430. Constitutional law.

Course first covers basic constitutional document, excluding the Bill of Rights. Topics include: taxing clause, commerce clause, contract clause, war power and treaty power. Allocation and distribution of power within the federal system, and between federal and state systems, including economic regulatory power and police power, limitations on powers of state and national governments, constitutional role of the courts. Second part of course examines the Bill of Rights. Topics include: free speech, prior restraint, obscenity, libel, fair trail and free press, loyalty oaths, compulsory disclosure laws, sedition and national security, picketing, symbolic conduct, protest, subversive advocacy, due process, equal protection development and analysis, fundamental rights and entitlements, religious clause, jury trial right in civil actions, constitutional protection and interpretation under state as contrasted to federal constitutional documents.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.9, eff. March 1, 1993.

18VAC35-20-440. Corporations and limited liability companies.

Business corporations for profit using the Virginia Stock Corporation Act and the Virginia Limited Liability Company Act. Topics include: promotion, formation and organization; theories of corporations; corporate purposes and powers; disregard of corporate form; common law and statutory duties and liabilities of shareholders, directors, and officers; allocation of control, profit and risk; rights of shareholders; derivative suits and class action suits by shareholders; mergers and consolidations, sale of assets, and other fundamental changes in corporate structure; corporate dissolution; SEC proxy rules and Rule 10(b)(5).

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.10, eff. March 1, 1993.

18VAC35-20-450. Evidence.

Rules of proof applicable to judicial trials. Topics include: admission and exclusion of evidence, relevancy, hearsay rule and its exceptions, authentication of writings, the best evidence rule, examination and competency of witnesses, privileges, opinion and expert testimony, demonstrative evidence, presumptions, burden of proof, judicial notice, and Federal Rules of Evidence.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.11, eff. March 1, 1993.

18VAC35-20-460. Uniform Commercial Code.

Course covers Articles I, II, III, IV, VI, VII and X of the Uniform Commercial Code.

Course first examines problems in the sale of goods as governed by Article II (with a brief survey of its antecedents) including: warranty, risk of loss, acceptance and rejection, tender of delivery, revocation, and remedies for breach of contract. Some discussion of other laws relating to warranties, Article VI on bulk sales, and Article VII on documents of title and bills of lading.

Course next examines commercial paper, bank deposits and collections under UCC Articles III and IV including: formation and use of negotiable instruments with an emphasis on checks, rights and liability of parties to negotiate instruments, defenses to liability, study of bank collection process and a bank's relationship with its customers.

Course finally examines secured transactions under UCC Article IX including: types of security interests, perfection of such interests, priority of claims, rights to proceeds of collateral, multi-state transactions, rights of parties after debtor's default.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.12, eff. March 1, 1993.

Article 3
Third Year

18VAC35-20-470. Equity (remedies) and equity procedure.

Article 3
Third Year

Historical development and use of judicial remedies that provide relief for past or potential injuries to interests in real or personal property. Topics include: history of equity, power of equity courts, restitution, specific performance, injunctions, equitable defenses, compensatory and punitive damages, unjust enrichment, constructive trusts, equitable liens, tracing and subrogation.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.13, eff. March 1, 1993.

18VAC35-20-480. Professional responsibility.

Study of legal ethics and a lawyer's role in society, including lawyer-client relations, lawyer-public relations, and a lawyer's responsibility to the courts and the profession. Topics also include: organization of an integrated bar, Supreme Court's supervisory powers, professional service corporations, pre-paid legal services arrangements, malpractice, Rules for Admission to the Bar, the Virginia Code of Professional Responsibility, Unauthorized Practice Rules, the Legal Ethics Opinions, and the Virginia State Bar Disciplinary Board Rules of Procedure.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.14, eff. March 1, 1993.

18VAC35-20-490. Domestic relations.

Study of the substantive and procedural law affecting the formation, disintegration and dissolution of family relations, including those of husband and wife, parent and child, and nonmarital. Topics include: jurisdiction, procedure, costs, maintenance, child support, property division, equitable distribution, custody, modification and enforcement of orders, some discussion of conflict of laws, taxation, and URESA.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.15, eff. March 1, 1993.

18VAC35-20-500. Wills, estates, trusts, probate.

Study of the voluntary transfer of assets during lifetime and at death. Topics include: disposition by will, creation of and disposition by a trust, effectiveness of the disposition in the creation of present and future interests in property, intestate succession, construction problems, powers of appointment, restrictions on perpetuities and accumulations, alternative methods of wealth transmission, some instruction to the basic tax framework important in formulating plans of disposition, and fiduciary administration and management of decedent's estates and trusts.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.16, eff. March 1, 1993.

18VAC35-20-510. Basic federal income tax.

Examination of federal income tax law as it applies to individuals, including their roles as partners and shareholders. Topics include: concepts of income, gross income, net income; when income should be taxed, to whom it should be taxed and its character as unearned, earned or capital gain income. Deductions are also examined in detail. Basic partnership and corporate tax law is examined.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.17, eff. March 1, 1993.

18VAC35-20-520. Virginia civil procedure.

It is expected that Virginia civil procedure will be taught throughout the four years of the program. This course is designed to review the important provisions of Title 8.01 of the Code of Virginia and the Rules of the Supreme Court of Virginia as they apply to actions at law and suits in equity and appeals.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.18, eff. March 1, 1993.

Article 4
Fourth Year; Recommended Electives

18VAC35-20-530. Administrative law and legislation.

Article 4
Fourth Year; Recommended Electives

Study of the administrative process and its role in the legal system. Subjects include: powers and procedures of administrative agencies, relationship of administrative agencies to executive, judicial and legislative departments of government, appeals from administrative decisions.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.19, eff. March 1, 1993.

18VAC35-20-540. Admiralty.

Law of maritime commerce, ships, seamen, and cargo. Introduction to the special federal system of admiralty practice and an examination of the laws governing maritime transportation, ocean pollution, and industrial accidents to crew members and harbor workers.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.20, eff. March 1, 1993.

18VAC35-20-550. Antitrust.

An examination of the antitrust laws including the Sherman Act, Clayton Act, Robinson-Patman Act, Federal Trade Commission Act, and topics such as monopolies, restraint of trade, mergers, price fixing, boycotts, market allocation, tying arrangements, exclusive dealing and state antitrust law.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.21, eff. March 1, 1993.

18VAC35-20-560. Consumer protection.

Selected laws for protection of consumers, including federal, state and local laws that prohibit deceptive advertising; mandate disclosure of information; regulate credit practices; license occupations; establish quality standards for products and services; and condemn "unfair" practices. Emphasis on the theoretical justifications for governmental intervention in the marketplace. Attention to problems of consumer justice administration, including informal dispute resolution procedures and representation of consumer interests in administrative and legislative proceedings.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.22, eff. March 1, 1993.

18VAC35-20-570. Creditors' rights and bankruptcy.

Rights and remedies of creditors and debtors under the Federal Bankruptcy Code, particularly in straight bankruptcy cases and under state laws relating to judgments, judgment liens, execution, attachments, garnishments, fraudulent conveyances, compositions, assignments for the benefit of creditors, and debtor's exemptions.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.23, eff. March 1, 1993.

18VAC35-20-580. Environmental law.

Survey of citizen, legislative, administrative and judicial action in response to the reality and the threat of man-induced alteration to the natural environment; focuses on National Environmental Policy Act; federal air and water pollution control legislation; state air and water pollution control statutes and wetlands management.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.24, eff. March 1, 1993.

18VAC35-20-590. Insurance.

Legal principles governing formal mechanisms for the distribution of risk of loss. Emphasis is on property, casualty, life insurance. Topics include: marketing of insurance, state regulation of insurance, indemnity principle, insurable interest, amount of recovery and subrogation, persons and interests protected, brokers, and identification of risks transferred by insurance.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.25, eff. March 1, 1993.

18VAC35-20-600. Intellectual property.

The law governing the protection and exploitation of property and other rights in ideas, as they may be protected by patents, copyrights, trademarks and common law.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.26, eff. March 1, 1993.

18VAC35-20-610. International law.

Legal process by which interests are adjusted and authoritative decisions made on the international level. Topics include: nature and source of international law, law of treaties, jurisdiction, some discussion of international legal organizations, state responsibility and international claims for wrongs to citizens abroad, and application of international law in United States courts.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.27, eff. March 1, 1993.

18VAC35-20-620. Labor and employment law.

Study of the organizational rights of employees and unions and the governance of the use of economic force by employers and unions. Other topics include the duty to bargain collectively, the manner in which collective bargaining is conducted, subjects to which it extends, administration and enforcement of collective bargaining agreements, relations between a union and its members, and a review of the laws regarding discrimination based on age, race, sex and disabilities.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.28, eff. March 1, 1993.

18VAC35-20-630. Land use.

Study of legal principles and constitutional limitations affecting systems for public regulation of the use of private land. Topics include: planning, zoning, variances, special use permits, subdivision controls, environmental legislation, nuisance, eminent domain, powers of public agencies, "taking" without just compensation, due process, administrative procedures and judicial review, exclusionary zoning and growth control.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.29, eff. March 1, 1993.

18VAC35-20-640. Legal accounting.

An essential course for readers with no accounting background and recommended for all. Topics include: bookkeeping, use of journals and ledgers, analysis of financial statements, professional responsibility of a lawyer to a corporate client and relationship to accountants involved in a client's financial affairs. Includes analysis of income statements, balance sheets, cash flow and related financial reports, including the preparation of notes to financial statements. Course also addresses lawyer's accounting and recordkeeping obligations to his client under the Virginia Code of Professional Responsibility.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.30, eff. March 1, 1993.

18VAC35-20-650. Local government law.

Legal implications of the formation and conduct of the various units of local government, including an overview of the subjects of annexation, incorporation, municipal powers, governmental immunity, Section 1983, zoning, and taxation and finance.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.31, eff. March 1, 1993.

18VAC35-20-660. Modern land finance.

Methods by which an obligation may be secured by real property of the obligor or of a third person. Covers the common-law principles and statutes that regulate the creation, operation, and extinguishment of the legal relations known as the real property mortgage and deed of trust, considered in the context of financing the purchase or development of land. Includes a review of commercial leases and land leases. Some attention may be given to principles governing operation of the lending industry.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.32, eff. March 1, 1993.

18VAC35-20-670. Securities regulation.

Study of legal control over the issuance and distribution of corporate securities. Topics include: registration and distribution of securities under the Federal Securities Act of 1933, including the definition of a security; basic structure, applicability, and prohibitions of the Act; underwriting; preparation, processing and use of registration statement and prospectuses; exemptions from registration under the Act, including Regulation A, private offerings, and business reorganizations and recapitalizations; secondary distributions; brokers' transactions; and civil liability for violation of the Act. Registration, distribution and regulation of securities under state "blue sky" laws. Regulations of franchise arrangements under the Federal Securities Act of 1933 and Virginia's Retail Franchising Act. Regulation of national securities exchanges and broker-dealers; registration and listing of securities on national securities exchanges; periodic reporting and public disclosure of information requirements for companies whose securities are traded on national securities exchanges; and civil liability for violation of the Act. Regulation of mutual funds and other types of investment companies under the Federal Investment Company Act of 1940.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.33, eff. March 1, 1993.

18VAC35-20-680. Taxation of estates and gifts.

Taxes imposed on testamentary and lifetime transfers, including introduction of the concepts of the gross estate, the marital deduction, joint ownership and the problems thereof, grantor trusts and valuation problems.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.34, eff. March 1, 1993.

18VAC35-20-690. Trial practice.

Preparation for and conduct of civil and criminal cases in state and federal courts, including pretrial preparation, discovery, trial motions and post-trial motions and procedures.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.35, eff. March 1, 1993.

18VAC35-20-700. Jurisprudence.

A four-year course of reading consisting of three books each year, to be selected from a list developed by the board from time to time. Upon completion of each book, the reader shall prepare and submit to the board a short book report.

Statutory Authority

§§ 54.1-3922 and 54.1-3926 of the Code of Virginia.

Historical Notes

Derived from VR168-01-04 § 9.36, eff. March 1, 1993.