Administrative Code

Virginia Administrative Code
7/25/2021

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.

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