Administrative Code

Virginia Administrative Code
7/25/2021

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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