CIVIL MCQs APR 2024 1 Unit 2 Pleadings

Question 1

1. What order of the RSC sets out the general rules in relation to pleadings?
   a. Order 19.
   b. Order 38.
   c. Order 20.
   d. Order 40.

Answer 1

a. Order 19.

Question 2

2. What is the purpose of pleadings?
   a. To define the issues between the parties.
   b. To confine evidence at trial to the issues between the parties.
   c. To prevent the introduction of matters not to be fairly ascertained from pleadings.
   d. To adduce evidence.
   e. To reveal the facts on which a claim is based.
   f. All but d.

Answer 2

f. All but d.

Question 3

3. Where may a party not be required to plead a matter of fact which is relevant?
   a. Where the law presumes in the pleading parties favour.
   b. Where the other side don’t contest the facts.
   c. Where there is a statutory presumption in the pleading parties favour.
   d. (a) and (c).
   e. None of the above.

Answer 3

d. (a) and (c).

Question 4

4. Ian is a Landlord he wants to get possession of his house back from his Spanish tenant, Juan-Pablo, who hasn’t been paying Ian the ‘rent’. Ian’s property has a rateable value in excess off €238. What initiating document should Ian use?
   a. Summary Summons.
   b. Special Summons
   c. Petition
   d. Equity Civil Bill.

Answer 4

a. Summary Summons.

Question 5

5. Which of the following is an Originating Summons in the High Court?
   a. Ordinary Civil Bill
   b. Personal Injury Summons.
   c. Statement of Claim
   d. Civil Summons

Answer 5

Personal Injury Summons.

Question 6

6. Under what Order of the RSC may the Master of the High Court convert proceeding which commenced by way of Summary Summons to a case for Plenary Hearing?
   a. Order 37.
   b. Order 2.
   c. Order 38.
   d. Order 3.

Answer 6

a. Order 37.

Question 7

7. Mary’s father died, out of his €27 million estate he willed €26.95 million to his Spanish toy boy, Juan-Pablo and left remainder to Mary. Mary wishes to bring an action, under s117 of the Succession Act, in order to get proper provision made for herself. How does Mary initiate proceedings?
   a. By Petition.
   b. Summary Summons.
   c. Special Summons.
   d. Either (a) or (c).

Answer 7

c. Special Summons.

Question 8

8. You are given a hand over by a colleague but manage to loose all the papers, all you can remember is the record number 2005/0023SP. What does this record number tell you about the matter?
   a. That the matter was commenced in 2005 and nothing else.
   b. That it was the 23rd matter initiated in September 2005.
   c. That the matter was initiated in 2005 by Special Summons.
   d. That the matter was initiated in 2005 by Summary Summons.

Answer 8

c. That the matter was initiated in 2005 by Special Summons.

Question 9

9. How long does a plaintiff have to deliver a statement of claim to the Central Office of the High Court?

a. 21 Days from the date of service of the summons.
b. 21 Days from the date of issue of the summons.
c. 30 Days from the date of service of the summons.
d. None of the above.

Answer 9

d. None of the above.

Question 10

10. Which of the following can not be issued by way of a petition?
    a. Companies Acts – Application to Wind Up.
    b. Companies Acts – Appointment of an examiner.
    c. Companies Acts – Application to restrict / disqualify directors.
    d. Applications in relation to Parliamentary Elections.
    e. Bankruptcy Applications.

Answer 10

c. Companies Acts – Application to restrict / disqualify directors.

Question 11

11. Which of the following is an initiating document in the Circuit Court?
    a. Title Civil Bill
    b. Ejectment Civil Bill
    c. Testamentary Civil Bill
    d. All of the above.

Answer 11

d. All of the above.

Question 12

Which of the following statements is correct in relation to High and Circuit Court Summonses and the Statute of Limitations?
a. The clock stops in the High Court once the Central Office has issued the summons, but in the Circuit Court the clock only stops once the summons / bill has been served.
b. The clock only stops in the High Court once the summons has been served, but in the Circuit Court the clock stops once the Circuit Court Office has issued the summons / bill.
c. The clock stops for both upon service.
d. The clock stops for both upon issue.

Answer 12

d. The clock stops for both upon issue.

Question 13

13. Which order of the RSC outlines the procedure in relation to the service of summons?
    a. Order 9.
    b. Order 11.
    c. Order 10.
    d. Order 11a

Answer 13

a. Order 9.

Question 14

14. When can service be effected on a member of the defendants family (at the defendants home) or on a servant of the defendant at his place of work without an order of the court?
    a. Where the defendant is within the jurisdiction and due and reasonable diligence has been exercised to effect personal service.
    b. Where the defendant is outside the jurisdiction and due and reasonable diligence has been exercised to effect personal service.
    c. Where the plaintiff has a reasonable belief that the defendant is attempting to avoid service and due and reasonable diligence has been exercised to effect personal service.
    d. A court order is always required to affect substituted service.

Answer 14

a. Where the defendant is within the jurisdiction and due and reasonable diligence has been exercised to effect personal service.

Question 15

15. What are the options available to serve a company with a plenary summons?
    a. Personal Service on a company officer at the registered office of the company.
    b. Service by postage to the registered office of the company.
    c. Service by postage to the registered office of the company and to the registrar of companies.
    d. Either (a) or (b).

Answer 15

B. Service by postage to the registered office of the company.

Question 16

16. What RSC order governs the service of documents other than originating / initiating documents?
    a. Order 10
    b. Order 47
    c. Order 53
    d. Order 121

Answer 16

d. Order 121

Question 17

17. Phil negotiated and agreed contract in Dublin with a German Building Company, HausMacher AG, to develop a site in Cork. The value of the development is €10 million, Phil claims that there has been a serious breach of the contract? Under what order of the RSC can Phil effect service of initiating documents on HausMacher AG?
    a. Order 11.
    b. Order 11a.
    c. Order 11b.
    d. All of the above.

Answer 17

d. All of the above.

Question 18

18. While over in Sweden for an ‘audition’, Damian agreed with Timber Homes Sweden Ltd to construct a house for him in Lucan. Damian (foolishly) paid an 80% deposit and return to Ireland but has heard nothing back. Under what order(s) of the RSC may Patrick initiate proceedings and effect service?
    a. Order 11a.
    b. Order 11b.
    c. Order 11.
    d. (a) and (b).

Answer 18

d. (a) and (b).

Question 19

19. Suzanne’s car was smashed into after Ian ran a red light on Church Street. Ian is an American sheep herder, living in Broke Back Mountain, Wyoming. Suzanne wants to seek damages from Ian in the High Court. Under what order(s) can Suzanne affect service?
    a. Order 11.
    b. Order 11a.
    c. Order 11b.
    d. (a) and (c)

Answer 19

d. (a) and (c)

Question 20

20. Dave, the young devil, was out on a bender and can’t remember what to do; he has to serve a notice if a summons, under order 11a of the RSC, to a German defendant. How long does he have to do it? :
    a. 21 Days – 3 weeks.
    b. 28 Days – 4 weeks.
    c. 35 Days – 5 weeks.
    d. 42 Days – 6 weeks

Answer 20

c. 35 Days – 5 weeks.

Question 21

You are suing for damage arising out of negligence in the Circuit Court, you wish to sue the Sole Trader who performed the fault works and the manufacturer (a company) if the cement used by him. How do you serve them?
a. Both by registered post, the place of business of the sole trader and the registered office of the company.
b. Personal service on the Sole Trader and by post to the registered office of the company.
c. Personal service on the Sole Trader and personal service on an officer or the company.
d. Any or all of the above.

Answer 21

a. Both by registered post, the place of business of the sole trader and the registered office of the company.

Question 22

22. Pop quiz, you wish to make an application for substituted service in the Circuit Court, what do you do?
    a. Attend the exparte list, with an exparte docket, on a Monday morning, and wait your turn in order of seniority.
    b. File an application in the Circuit Court Office, get date for hearing and apply to the county registrar.
    c. Make the application at the end of the Circuit Court Common Law motions list.
    d. None of the above.

Answer 22

b. File an application in the Circuit Court Office, get date for hearing and apply to the county registrar.

Question 23

23. Which order(s) of the Circuit Court rules governs service outside of jurisdiction.
    a. Order 10.
    b. Order 13
    c. Order 14.
    d. (c) and (b)

Answer 23

d. (c) and (b)

Question 24

24. If I want to serve a civil summons by registered post, when should I do so?
    a. At least 7 days prior to the sitting of the court to which the summons is returnable.
    b. At least 14 days prior to the sitting of the court to which the summons is returnable.
    c. At least 21 days prior to the sitting of the court to which the summons is returnable.
    d. At least 28 days prior to the sitting of the court to which the summons is returnable.

Answer 24

c. At least 21 days prior to the sitting of the court to which the summons is returnable.

Question 25

25. When seeking particulars which of the following propositions is untrue:
    a. A party is entitled not to be taken at a disadvantage by the introduction at trial of matters not fairly ascertainable from the pleadings.
    b. A party is not entitled to know the broad outline of what is going to be said by his opponent at trial.
    c. A party is not entitled to matters of evidence but only to material facts upon which his opponents claim is based.
    d. A part is not entitled to documents from his opponent in a notice for particulars

Answer 25

b. A party is not entitled to know the broad outline of what is going to be said

Question 26

26. How does a successful motion for particulars ordering the plaintiff to provide particulars to the defendant, after a statement of claim has been served upon the defendant, effect the time limit within which the defendant has to deliver his defence?
    a. The defence must be delivered within 28 days of the receipt of the statement of claim regardless of any motion for particulars.
    b. The period between service of the notice of motion for a reply to particulars and the order being made by the court, isn’t included in the 28 days.
    c. Once the order to supply particulars is made, the 28 day period starts afresh
    d. The period between service of the notice of motion and the date the order for particulars is complied with aren’t included in the 28 days

Answer 26

d. The period between service of the notice of motion and the date the order for particulars is complied with aren’t included in the 28 days

Question 27

27. In order to successfully motion a party for particulars, the moving party must show in the affidavit that:
    a. They have sought voluntarily the particulars.
    b. The motioned party has the documents in question.
    c. There is no other way that the moving party can establish the particulars in question.
    d. The particulars are relevant and necessary

Answer 27

a. They have sought voluntarily the particulars

Question 28

28. Under what order and rule is an order for particulars sought in the High Court?
    a. Order 19 r7.
    b. Order 16 r2.
    c. Order 20 r3.
    d. Order 17 r4

Answer 28

a. Order 19 r7.

Question 29

29. Under what order and rule is an order for particulars sought in the Circuit Court?
    a. Order 19 r7.
    b. Order 16 r2.
    c. Order 20 r3.
    d. Order 17 r4.

Answer 29

d. Order 17 r4.

Question 30

30. What orders of the RSC govern judgement in default of appearance?
    a. 14 and 14a.
    b. 15 and 16
    c. 17 and 18
    d. 13 and 13a

Answer 30

d. 13 and 13a

Question 31

31. Under Order 13 of the RSC how long does a defendant have to enter an appearance for a plenary or summary summons?
    a. 7 days.
    b. 8 days.
    c. 10 days.
    d. 14 days.

Question 32

32. Which of the following is true in relation to judgements in default of appearance for liquidate and unliquidated sums.
    a. An application for judgement in default of appearance for a liquidated sum can be made exparte, whereas an application for an unliquidated sum cannot be.
    b. An application for judgement in default of appearance of a liquidated sum may be granted in the central office of the high court without having to apply to the high court, but for an application for judgement in default of appearance of an unliquidated sum, the application must be brought before a judge of the high court.
    c. There is no difference.
    d. An application for judgement in default of appearance of a liquidated sum must be brought before the master, but for an application for judgement in default of appearance of an unliquidated sum, the application must be brought before a judge of the high court.

Answer 32

b. An application for judgement in default of appearance of a liquidated sum may be granted in the central office of the high court without having to apply to the high court, but for an application for judgement in default of appearance of an unliquidated sum, the application must be brought before a judge of the high court.

Question 33

33. In what circumstance must the leave of the master be sought when seeking judgement in default of appearance for a liquidated sum?
    a. Proceedings by money lenders.
    b. Proceedings on foot of a Hire Purchase agreement.
    c. The Master or Judge must make an order in every case where judgement in default of appearance is sought for a liquidated sum.
    d. Both (a) and (b).

Answer 33

a. Proceedings by money lenders.
b. Proceedings on foot of a Hire Purchase agreement.

Question 34

34. What must a plaintiff do in order to secure judgement in default of appearance for an unliquidated sum (on foot of a plenary summons)?
    a. Give 4 clear days notice of motion to the defendant.
    b. Serve the defendant personally giving 4 clear days notice of motion.
    c. Just serve the notice of motion.
    d. Serve the defendant personally giving 8 clear days notice of motion

Answer 34

b. Serve the defendant personally giving 4 clear days notice of motion.

Question 35

35. What are motions against parties without solicitors on record known as?
    a. Defaulters motions.
    b. Motions for the sitting of the court.
    c. Early listed motions.
    d. Ordinary common law motions.

Answer 35

b. Motions for the sitting of the court.

Question 36

36. What are the possible outcomes of a judgement in default of defence motion?
    a. Granting of order on foot of motion.
    b. Extension of time for entry.
    c. Awarding of cost to the plaintiff.
    d. All of the above.

Answer 36

d. All of the above.

Question 37

37. How long does the defendant have to draft a defence to an action commenced by an ordinary plenary summons?
    a. 21 Days from the delivery of the statement of claim.
    b. 28 Days from the delivery of the statement of claim.
    c. 21 Days from the delivery of the plenary summons.
    d. 28 Days from the delivery of the plenary summons.

Answer 37

a. 21 Days from the delivery of the statement of claim.

Question 38

38. What order of the RSC governs judgement in default of defence?
    a. Order 27.
    b. Order 33.
    c. Order 47.
    d. Order 29.

Answer 38

a. Order 27.

Question 39

39. John wants to sue Ian in the High Court for pain, suffering, loss and damage after Ian smashed John’s €38,900 guitar and his entire record collection in a jealous rage. John serves Ian with a plenary summons and Ian enters an appearance. Ian is now waiting in earnest for the statement of claim, how long does John have to deliver this?
    a. 14 days
    b. 21 days
    c. 28 days
    d. 35 days

Answer 39

b. 21 days

Question 40

40. John finally serves Ian with a statement of claim and 28 days have elapsed, since then all there has been is a deafening wall of silence. What is the next step John should take to move the process along as quickly and efficiently as possible?

a. Write to Ian, giving him 28 days notice of his intention to seek judgement in default of defence and consent to Ian delivering his defence in that time.
b. Write to Ian, giving him 21 days notice of his intention to seek judgement in default of defence and consent to Ian delivering his defence in that time.
c. Personally serve Ian with a notice of motion seeking an order for judgement in default of defence, giving Ian 7 clear days notice.
d. Personally serve Ian with a notice of motion seeking an order for judgement in default of defence, giving Ian 14 clear days notice.

Answer 40

b. Write to Ian, giving him 21 days notice of his intention to seek judgement in default of defence and consent to Ian delivering his defence in that time.

Question 41

41. If John moves as quickly and efficiently as possible against Ian, what is the shortest time lag possible between the time for the delivery of the defence expiring and John succeeding in his motion for judgement in default of defence?
    a. 21 days.
    b. 14 days.
    c. 35 days.
    d. 42 days.

Answer 41

a. 21 days.

Question 42

42. If John follows the rule book to the letter and motions Ian for judgement in default of defence and the 6 days before the motion is listed for hearing Ian delivers the defence, what are the implication for the motion?
    a. The motion is struck out and Ian has to pay €750 towards the costs of the motion
    b. The motion is struck out and Ian has to pay the full costs of the motion.
    c. The motion is heard, the judge will be obliged to extend time for the delivery of the defence and the cost will either be awarded to John or reserved.
    d. Either (b) or (c)

Answer 42

b. The motion is struck out and Ian has to pay the full costs of the motion.

Question 43

43. Under what rule and order can an application be made to set aside a judgement in default of defence or dismissal for want of prosecution?
    a. Order 27 r9
    b. Order 27 r11
    c. Order 27 r14.
    d. Order 27 r20

Answer 43

c. Order 27 r14.

Question 44

44. How long does one have to enter an appearance in response to being served with a civil bill?
    a. 7 days
    b. 8 days
    c. 10 days
    d. 14 days

Answer 44

c. 10 days

Question 45

45. In the Circuit Court, if no defence has been received for a liquidated claim, what is the first step a plaintiff should take in order to get an order for judgement in default of defence?
    a. Apply to the circuit court office to have the judgement entered in the circuit court.
    b. Issue a notice of motion and get it listed before the county registrar.
    c. Send a fourteen day warning letter, consenting to late delivery of defence within that time and warning of motion if defence isn’t delivered.
    d. Send a fourteen day warning letter, consenting to late delivery of defence within that time and warning of motion if defence isn’t delivered.

Answer 45

a. Apply to the circuit court office to have the judgement entered in the circuit court.

Question 46

46. In the Circuit Court, if no defence has been received for an unliquidated claim, what is the first step a plaintiff should take in order to get an order for judgement in default of defence?
    a. Apply to the circuit court office to have the judgement entered in the circuit court.
    b. Issue a notice of motion and get it listed before the county registrar.
    c. Send a fourteen day warning letter, consenting to late delivery of defence within that time and warning of motion if defence isn’t delivered.
    d. Send a twenty-one day warning letter, consenting to late delivery of defence within that time and warning of motion if defence isn’t delivered.

Answer 46

c. Send a fourteen day warning letter, consenting to late delivery of defence within that time and warning of motion if defence isn’t delivered.

Question 47

47. Under what order CCR may a defendant, against whom a judgement has been entered either in default of defence or appearance, move to have the judgement reviewed?
    a. Order 10
    b. Order 21
    c. Order 25
    d. Order 30

Answer 47

d. Order 30

Question 48

48. What is the time limit under this order for bringing a motion to review the judgment (for default of defence or appearance)?
    a. No time limit.
    b. Within ten days of defendant becoming aware of the judgement
    c. With in ten days of the order itself.
    d. Within 21 days of defendant becoming aware of the judgement

Answer 48

b. Within ten days of defendant becoming aware of the judgement

Question 49

49. When must a defendant give notice of intention to defend a civil summons?
    a. On the return date of the summons
    b. Within 4 days the return date of the summons
    c. Within 7 days the return date of the summons
    d. Within 10 days the return date of the summons

Answer 49

b. Within 4 days the return date of the summons

Question 50

50. Under what order and rule of the DCR may a defendant, against whom a judgement has been entered, move to have the judgement reviewed?
    a. Order 16 r3
    b. Order 10 r14
    c. Order 45 r3
    d. Order 69 r14

Answer 50

c. Order 45 r3

Question 51

51. Where no notice of intention to defend is served in relation to a liquidated claim, what should the plaintiff do to secure his claim?
    a. Bring a motion for judgement in default of notice of intention to defend.
    b. Apply for Judgement by filing an Affidavit of Dent with the District Court Clerk.

Answer 51

b. Apply for Judgement by filing an Affidavit of Dent with the District Court Clerk.

Question 52

52. Where no notice of intention to defend is served in relation to an unliquidated claim, what happens next?
    a. The case is listed for hearing on the next return date.
    b. The DJ assesses the amount of the claim and delivers a judgement.

Answer 52

a. The case is listed for hearing on the next return date.

Question 53

53. If a summons has been indorsed with the following under what order has is service planned?
    “The courts of this jurisdiction have power under Article _ of EC Regulation 44/2001 to exercise jurisdiction to hear and determine these proceedings.
    No proceeding between the same parties concerning the same cause if action are pending in another member state”

a. 11
b. 11a
c. 11b
d. 10

Answer 53

b. 11a

Question 54

54. What RSC applies to the service of documents under the Hague Convention??
    a. 11
    b. 11a
    c. 11b
    d. 10

Answer 54

c. 11b

Question 55

55. When should an application to serve proceedings out of the jurisdiction under Order 11 be made?
    a. As soon as the summons has been issued.
    b. Before the summons is issued.

Answer 55

b. Before the summons is issued.

Question 56

56. When will leave to serve a ‘notice of summons’ be granted and when will leave to serve a ‘summons’ be granted?
    a. The former when the intended defendant is an Irish Citizen and the latter when the intended defendant is not an Irish Citizen.
    b. The former when the intended defendant is not an Irish Citizen and the latter when the intended defendant is an Irish Citizen.
    c. The former when the intended defendant is outside of the EU the latter when the intended defendant is inside the EU.
    d. The former when the intended defendant is inside of the EU the latter when the intended defendant is outside the EU.

Answer 56

b. The former when the intended defendant is not an Irish Citizen and the latter when the intended defendant is an Irish Citizen.

Question 57

57. Where the proposed defendant is domiciled in an EU member state, what RSC is relevant?
    a. 11
    b. 11a
    c. 11b
    d. 10

Answer 57

b. 11a