MCQs Flashcards
You represent Samantha, who has consented to summary trial on a charge of receiving stolen goods. You intend to call Samantha herself as a character witness. You can:
[A] Make both an opening and a closing speech as of right.
[B] Make an opening speech, but not a closing speech
[C] not make an opening speech because the only witness you are calling other than the accused is not a witness of fact
[D] Make only a closing speech since in a summary trial the defence have no right to make an opening speech
[D}
Gerald is arrested in connection with the murder of Harriet.
He has been informed of his rights. He has now been lawfully detained for a period of 96 hours. The investigation is not yet complete, and the police wish to detain him for further questioning.
In these circumstances, the investigating officers must:
[A] Take him before a Magistrates’ Court, which may authorise detention for a further 36 hours.
[B] Obtain authorisation from an officer of not less than the rank of superintendent, who may authorise detention for a further six hours
[C] Release him or charge him
[D] Release him on bail and then immediately re-arrest him for the murder of Harriet
[C]
Where a suspect has been arrested on an indictable offence:
- detention without charge beyond 24 hours must be authorised by a superintendent;
- however, the superintendent can only authorise detention for a total of no more than 36 hours from the time of the suspect’s arrival in the police station.
- detention for up to 96 hours may be authorised by a Magistrates’ Ct.
- the suspect cannot be rearrested for an offence for which he was previously arrested, unless new evidence justifying a further arrest has come to light (s43(19) of PACE 1984).
Is it true or false that under Latent Damage claims, there is a 20 year longstop from the date of the negligent act?
False. It is 15 years
Is it true to say that the power of the court to disapply the Limitation Act under s33 for Personal Injury claims is unfettered?
True; under s33(3) ‘LA’ 1980, the factors contained are a guideline to the factors the court will take into account. However, subsequent case-law has shown that the court will take into account other factors alongside the guiding principle of equity.
On Thursday 21ST August 2014 Anita tripped and fell whilst at work and subsequently injured her femur and cranium. She unfortunately died 3 weeks later in hospital. What is the last date that Anita’s husband Andre can bring a claim?
[A] On 21ST August 2017
[B] On 22ND August 2017
[C] On 11TH September 2017
[D] There is no time limit as Anita has died.
[C]
Time runs from the date of death.
John is a single parent after his wife Jennifer passed away 6 months ago. He struggled to cope and subsequently, on the 1st September 2014 his two daughters Bernice and Beatrice were taken into care by his Local Authority; Dodgy Borough Council. He found out 2 weeks later that the reason to take them into care was unfounded and the exercise of power was outside of its jurisdiction. He wants to judicially review the decision as this is the only way he can get some justice. When does the limitation period cease for John’s claim?
[A] 1ST September 2015
[B] 1ST December 2014
[C] 31ST November 2014
[D] 15TH December 2014
Is the burden on the defence or the claimant to plead a limitation defence?
Defence
Deidre and Barbara are two daughters of Lord Edmund Roland-Baron who died in 2004. They are both 18 on the 14TH October 2014 and have discovered that the trustee of their father’s estate, Dr Alexandre Felix Arden fraudulently appropriated £100,000 of trust property on 1ST April 2010 for his own use and used the money for a lavish trip to Las Vegas and bought himself a brand new Mercedes SLK. When does the time limitation end for their claim?
[A] There is no time limit.
[B] 1ST April 2016.
[C] 31ST March 2016.
[D] The earliest date when the two sisters knew of the breach.
[A]
True or false, for the purposes of limitation, the claim can be brought when the claimant delivers all relevant documentation to the claim at the court rather than the court issuing and serving the claim form?
True
Junior is an Olympic sprinter and regularly competes in international competitions. He read on the 2ND February 2014 in the Falseville State Press that he was recently arrested for driving whilst under the influence of drugs (‘DUI’) and soliciting a prostitute – both of which were never proven. His biggest sponsor Nicked subsequently withdrew its £10 million sponsorship deal. Junior now wishes to bring an action against them. When is the last day on which a claim can be brought?
[A] 2ND February 2017
[B] 2ND February 2015
[C] 2ND May 2014
[D] 2ND August 2014
[B]
Give the correct date of deemed service for each of the following methods of service documents other than claim forms. State why it should be that particular date.
A. First class post on Wednesday 27th August 2014.
B. Personal service at 4.50pm on Monday 1st September 2014.
C. Left at permitted address at 4.45pm on Friday 29th August 2014.
D. Left at the DX at 3pm on Tuesday 26th August 2014.
E. Emailed at 12.30pm on Wednesday 27th August 2014.
A. Friday 29 August 2014
First class post = second calendar day after left with relevant service provider, if a business day – otherwise next business day after that.
Day = not clear day – PD 6.10 example 1
B. Tuesday 1 September 2014.
Personal service = day served personally if before 4:30; if after 4:30pm then the next business day.
C. Monday 1 September 2014.
Left at permitted address = day delivered if before 4:30pm; if after 4:30pm then the next business day.
D. Thursday 28 August 2014
(remember – not clear days)
DX is the same as post, i.e. second calendar day after left with relevant service provider, if a business day – otherwise next business day after that.
E. Wednesday 27 August 2014
Other electronic method (email) = the day email sent, if before 4:30pm; otherwise the next business day.
Which of the following methods CANNOT be used to effect the proper service of proceedings under the CPR?
[A] First class post (or an alternative service which provides for delivery on the next working day).
[B] Second class post.
[C] Fax.
[D] E-mail.
[B]
What are the requirements for filing and serving written evidence with a Part 8 Claim?
The Claimant must file and serve written evidence (in the form of a witness statement or affidavit) at the same time as the Part 8 Claim form
How can a Defendant oppose a Part 8 Claim?
A Defendant may contend that the Part 8 procedure should not be used because there is a substantial dispute of fact. In that case, he must state his reasons when he files his acknowledgement of service (r8.8(1)). If these include matters of evidence, the acknowledgement of service must be accompanied by a statement of truth (8APD.5.3)
incorrect to commence proceedings using the alternative procedure for claims set out in Part 8 of the CPR?
[A] A personal injury claim where the prospective infant Claimant seeks to recover damages from the occupier of a building in which she was injured. The occupier disputes that the facts of the case give rise to any duty of care on his part and also disputes the extent of the child’s injuries.
[B] A personal injury claim where the prospective infant Claimant seeks to recover damages from the occupier of a building in which she was injured. A negotiated settlement has been reached between the parties.
[C] A claim for provisional damages which has been settled before the commencement of proceedings and the sole purpose of the claim is to obtain the approval of the court to the settlement.
[D] An application for a declaration as to the proper construction of a trust deed
[A]
