Administrative Code

Virginia Administrative Code
7/25/2021

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.

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