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Civil MCQs > Pleadings > Flashcards

Pleadings Flashcards

1
Q
  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.
A

a. Order 19

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2
Q

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.

A

f. All but d.

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3
Q
  1. 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.
A

d. (a) and (c)

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4
Q
  1. 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 €3m. What initiating document should Ian use?
    a. Summary Summons
    b. Special Summons
    c. Petition
    d. Equity Civil Bill
A

a. Summary Summons

Order 2 RSC
with Special Indorsement of Claim

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5
Q
  1. 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
A

b. Personal Injury Summons

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6
Q
  1. 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.
A

a. Order 37

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7
Q
  1. 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).
A

c. Special Summons

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8
Q
  1. 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.
A

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

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9
Q
  1. 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.

A

d. None of the above.
(Up to 8 weeks from date of service of Plenary Summons)

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10
Q
  1. 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.
A

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

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11
Q
  1. 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.
A

d. All of the above.

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12
Q

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.

A

d. The clock stops for both upon issue.

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13
Q
  1. 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.
A

a. Order 9

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14
Q
  1. 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.
A

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

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15
Q
  1. 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).
A

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

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16
Q
  1. 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
A

d. Order 121

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17
Q
  1. 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.
A

b. Order 11a

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18
Q
  1. 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).
A

a. Order 11a

19
Q
  1. 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)
A

a. Order 11

20
Q
  1. 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.
A

c. 35 Days - 5 weeks.

21
Q

You are suing for damage arising out of negligence in the Circuit Court, you wish to sue the Sole Trader who performed the faulty 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.

A

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

22
Q

You wish to make an application for substituted service in the High 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.

A

a. Attend the exparte list, with an exparte docket, on a Monday morning, and wait your turn in order of seniority.

23
Q
  1. 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)
A

d. (c) and (b)

24
Q
  1. 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.
A

a. At least 7 days prior to the sitting of the court to which the summons is returnable.

25
Q
  1. 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 part 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.
A

b. A part is not entitled to know the broad outline of what is going to be said by his opponent at trial.

26
Q

What documents would you draft if the letter of instructions asked you to draft a full defence and an application to join a third party?

A
  1. Defence.
  2. Notice of Motion.
  3. Grounding Affidavit
  4. draft Third Party Notice (exhibited)
27
Q

What is the name given to a person who swears an Affidavit?

A

Deponent

28
Q

Can the Affidavit be sworn before the Deponent’s solicitor?

A

No.

29
Q

What age must be included in the oath where a solicitor is the Deponent and not a solicitor?

A

Solicitor - 21 years
Not - 18 years

30
Q

When a claim is against the State who is the proper Defendant?

A

Ireland and the Attorney General.

31
Q

When is it appropriate to bring an action against the Government?

A

Where the wrong complained of arises out of an act or decision of the executive and the government is being sued collectively.

32
Q

When brining an action against a partnership, what orders provide for suing in the firm name?

A

Order 14 RSC
Order 8 CCR
- The firm name must be that used which existed at the date of accrual of the cause of action.

33
Q

What is a representative action?

A

Actions where numerous persons have an interest in a cause or matter in the same capacity.
- Order 15 Rule 9 RSC
- Order 6 Rule 10 CCR

34
Q

What is an O’Byrne letter?

A

Where there are several possible Defendants, the Plaintiff writes to each of them to admit liability/exonerate the other or others from liability.

If the unsuccessful Defendant has failed to exonerate the others, at the conclusion of the trial the successful Defendants’ costs will be paid not by the Plaintiff but by the unsuccessful Defendant.

35
Q

When does time start to run, as a general rule, for the purposes of limitation?
a. date of knowledge
b. accrual of the cause of action.
c. when spoke to solicitors
d. all of the above

A

b. accrual of the cause of action.

36
Q

Section 48(1) of the Statute of Limitations Act 1957 lists 2 categories of person under a disability.
a. person of limited means
b. persons of sound mind
c. infants
d. persons of unsound mind

A

c and d

37
Q

What is the limitation period where on the day on which the cause of action accrued, the person whom to accrued was under a disability?
a. 2 years
b. 5 years.
c. 6 years
d. 4 years

A

c. 6 years

38
Q

What is the limitation period for a simple contract?
a. 5 years
b. 7 years
c. 12 years
d. 6 years

A

d. 6 years

39
Q

What is the limitation period for a contract under seal?
a. 5 years
b. 7 years
c. 12 years
d. 6 years

A

c. 12 years

40
Q

What is the limitation period for a claim to the personal estate of a deceased person?
a. 5 years
b. 7 years
c. 12 years
d. 6 years

A

d. 6 years

41
Q

When does the cause of action accrue in contract?
a. date of the breach
b. date of the contract
c. date of the damage
d. none of the above

A

a. date of the breach of contract
- Irish Equine Foundation Limited v Robinson

42
Q

In the case of debts, when does the cause of action accrue?

A

Where the debtor acknowledges the debt and where the acknowledgment that a debt is due is made in writing and signed by the person acknowledgement. It is the date of the acknowledgment.

43
Q

When does time begin to run in property damages cases?

A

From the date of manifestation of the damage.
- Brandley v. Deane [2018] 2 IR 741

Civil MCQs (5 decks)

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