Apr 2024 U7 CVP TRIAL Flashcards
1.Which of the following is not correct advice to include in an advice on proofs in a civil action?
[A] A list of witnesses including expert reports.
[B] A list of documents intended to be relied upon at the hearing
[C] Advice as to whether discovery should be sought.
[D] Advice that two copies of all pleadings should be provided each paginated and provided in booklet form.
[D] Advice that two copies of all pleadings should be provided each paginated and provided in booklet form.
- Which of the following should an advice on proofs not contain?
[A] a brief summary of the facts
[B] Advice that a Notice to Produce should be served on the other party
[C] Advice on the details of Counsel’s intended submissions
[D] Advice on whether injunctive relief may be required for the purposes of maintaining evidence
[C] Advice on the details of Counsel’s intended submissions
- Which of the following is untrue? In tort proceedings a basis for deciding where a dispute will be heard is
[A] the circuit in which the Defendant resides
[B] the circuit in which either the defendant or plaintiff resides
[C] the circuit in which the tort is alleged to have been committed
[D] the circuit in which the Defendant carries on business
[B] the circuit in which either the defendant or plaintiff resides
- Which of the following is not a basis for deciding the circuit a trial will be heard in?
[A] the circuit where the parties were married
[B] the circuit in which the property is situated
[C] the circuit in which the beneficiary to a will resides
[D] the circuit in which the testator resided
[C] the circuit in which the beneficiary to a will resides
- According to Order 36, Rule 11 of the Rules of the Superior Courts a Defendant may apply to the court for liberty to give Notice of Trial if the Plaintiff fails to give such notice within
[A] 3 weeks after pleadings have closed
[B] 28 days after pleading have closed
[C] 7 days after pleadings have closed
[D] 4 weeks after pleadings have closed
[A] 3 weeks after pleadings have closed
- According to Order 36 Rule 12 of the Rules of the Superior Courts the Defendant can give notice of trial or apply to dismiss the action for want of prosecution if the Plaintiff does not give notice of trial.
[A] within 8 weeks
[B] within 6 weeks
[C] within 35 days
[D] within 42 days
[B] within 6 weeks
- Which of the following provides that Notice of Trial in the Circuit Court cannot be served until a defence has been entered?
[A] CCR Order 36 Rule 10
[B] CCR Order 38 Rule 8
[C] CCR Order 32 Rule 4
[D] CCR Order 33 Rule 1
[D] CCR Order 33 Rule 1
- The Defendant may serve Notice of Trial or apply to the court to dismiss the action for want of prosecution if the plaintiff has not served Notice of Trial
[A] within 10 days after delivery of the defence
[B] within 21 days after the delivery of the defence
[C] within 28 days after the delivery of the defence
[D] within 7 days after the delivery of the defence
[A] within 10 days after delivery of the defence
- Which of the following is incorrect
[A] In the High Court 21 days notice of trial should be given and in the Circuit Court 10 days
[B] In the Circuit Court the parties can consent to a shorter period of notice than that laid down in the Rules
[C] In the High Court an order can be made lessening the period of notice of trial to four days
[D] In the High Court 28 days notice of trial should be given and in the Circuit Court 7 days
[D] In the High Court 28 days notice of trial should be given and in the Circuit Court 7 days
- Which of the following in relation to the setting down a case for trial is incorrect
[A] In the Circuit Court the filing of Notice of Trial operates to set down the action for trial
[B]In the High Court if the party giving notice of trial does not set down the action for trial within 7 days of notice of trial, the other party may set down the action
[C] In the High Court if within 14 days after notice for trial is given neither party has set down the action for trial then the notice for trial is no longer in force
[D] In the Circuit Court the party giving notice of trial must set down the action for trial within 7 days
[D] In the Circuit Court the party giving notice of trial must set down the action for trial within 7 days
- Which of the following is not provided for under Order 36 Rule 24 to 27 of the Rules of the Superior Courts?
[A] When setting down proceedings for trial the parties must deliver to the proper officer of the Court a copy of the Notice of Trial
[B] When setting down proceedings for Trial parties must provide the proper officer of the Court with two copies of the pleadings including Notice for Particulars and Replies thereto
[C] Any party entering proceedings for trial must lodge a certificate certifying that all copies lodged are true copies
[D]When setting down proceedings for trial the parties should state the list number that they have been allocated
[D]When setting down proceedings for trial the parties should state the list number that they have been allocated
12.Which of the following in relation to Circuit Court lists is incorrect?
[A] Trials are listed by the County Registrar
[B] Either party on consent may apply for a date of hearing
[C] Once the date has been fixed both parties with be notified forthwith of the date fixed
[D] Circuits outside Dublin generally call over the list of cases due to be heard at any given sitting giving either party an opportunity to seek an adjournment.
[C] Once the date has been fixed both parties with be notified forthwith of the date fixed
- Which of the following in relation to High Court lists is incorrect?
[A] list numbers of a number of cases are printed in the legal diary every Friday and will appear the following Wednesday in the High Court
[B] Either party to the dispute may make an application by consent to the High Court Registrar seeking to have a date fixed for the hearing
[C] If only one party appears before the Court or the Registrar the case will be struck out for non-attendance.
[D] Where the list number has yet to appear in the legal diary either party may by writing to the other party and by giving 10 days notice apply to the High Court for a date for hearing
[C] If only one party appears before the Court or the Registrar the case will be struck out for non-attendance.
- Which of the following is incorrect?
[A] The warning list only applies to personal injury actions
[B] the warning list applies to cases that may be put in to the Friday list for the proposes of having the cases called over the following week for dates for hearing
[C] The date given by the Court will be a date for hearing within one week
[D] A party who wished to get a new date for trial must do so by way of Notice of Motion grounded on affidavit to reinstate the case.
[C] The date given by the Court will be a date for hearing within one week
15.Which of the following in relation to Preliminary issues being disposed of prior to trial is incorrect?
[A] A point of law may be disposed of prior to trial by consent of the parties
[B] A point of law may be disposed of prior to trial by Order of the Court upon application of either party
[C] A point of law may be disposed of prior to trial where the court thinks it convenient
[D] Once a point of law is disposed of prior to trial the Court can make any order as may be just bar dismissing the claim
[D] Once a point of law is disposed of prior to trial the Court can make any order as may be just bar dismissing the claim