Trial

Question 1

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.

Answer 1

[D] Advice that two copies of all pleadings should be provided each paginated and provided in booklet form.

Question 2

2. 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

Answer 2

[C] Advice on the details of Counsel’s intended submissions

Question 3

3. 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

Answer 3

[B] the circuit in which either the defendant or plaintiff resides

Question 4

4. 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

Answer 4

[C] the circuit in which the beneficiary to a will resides

Question 5

5. 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

Answer 5

[B] 28 days after pleading have closed

Question 6

6. 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

Answer 6

[B] within 6 weeks

Question 7

7. 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

Answer 7

[D] CCR Order 33 Rule 1

Question 8

8. 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

Answer 8

[A] within 10 days after delivery of the defence

Question 9

9. 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

Answer 9

[D] In the High Court 28 days notice of trial should be given and in the Circuit Court 7 days

Question 10

10. 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

Answer 10

[D] In the Circuit Court the party giving notice of trial must set down the action for trial within 7 days

Question 11

11. 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

Answer 11

[C] Any party entering proceedings for trial must lodge a certificate certifying that all copies lodged are true copies

Question 12

12.Which of the following in relation to Circuit Court lists is incorrect?

[A]Trial 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.

Answer 12

[C] Once the date has been fixed both parties with be notified forthwith of the date fixed

Question 13

13. 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

Answer 13

[C] If only one party appears before the Court or the Registrar the case will be struck out for non attendance

Question 14

14. 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.

Answer 14

[C] The date given by the Court will be a date for hearing within one week

Question 15

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

Answer 15

[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

Question 16

16. Which rule provides that it is the judge and the Court of its own motion that determines whether or not it is convenient to have a particular issue of law decided before evidence is given

[A] Order 52, Rule 2

[B] Order 34 Rule 2

[C] Order 25, Rule 2

[D] Order 25, Rule 1

Answer 16

[B] Order 34 Rule 2

Question 17

17. Which of the following is not an example of the type of action in which a preliminary issue may be heard before a jury in the High Court under S.1 of the Court’s act 1988?

[A] Nuisance

[B] False imprisonment

[C] Malice Prosecution

[D] Professional Negligence

Answer 17

[A] Nuisance

Question 18

18. Which of the following in relation to in camera proceedings is incorrect?

[A] Cases involving matrimonial matters, infancy matters, injunctions, or lunacy matters are the only instances where cases may be conducted in private.

[B] The Court may order that the identity of any party of witness must not be disclosed in order to protect that party or witness

[C] Where a hearing is in private judgement will normally not be a secret document

[D] For proceedings to be heard in camera the Court must be satisfied that a public hearing would fall short of doing justice, it being a fundamental principle of the administration of justice that justice be administered in public.

Answer 18

[A] Cases involving matrimonial matters, infancy matters, injunctions, or lunacy matters are the only instances where cases may be conducted in private.

Question 19

19. Order 39 Rule 18 provides that

[A] A witness is automatically entitled to make a solemn affirmation

[B] The oath is to be administered by an officer of the Court or any person directed by the court.

[C] A witness who refuses to swear an oath must state his reasons for doing so

[D] Evidence is to be given orally

Answer 19

[B] The oath is to be administered by an officer of the Court or any person directed by the court.

Question 20

20. Section 28 (1) of the Children Act, 1997 allows

[A] children under 16 to give evidence otherwise than by oath or affirmation.

[B] children under 14 to give evidence otherwise than by oath or affirmation where it is satisfied that the child is capable of giving an intelligent account of events

[C] children under 16 to give evidence otherwise than by oath or affirmation where it is satisfied that the child is capable of understanding concepts of truth and falsity

[D] children under 14 to give evidence otherwise than by oath or affirmation where it is satisfied that the child is capable of understanding concepts of truth and falsity

Answer 20

[B] children under 14 to give evidence otherwise than by oath or affirmation where it is satisfied that the child is capable of giving an intelligent account of events

Question 21

21. Section 28 (3) of the Children Act 1997 provides that

[A] Persons with a mental disability are not capable of giving sworn evidence

[B] Persons with a mental disability must give evidence by affirmation if not by oath

[C] Persons with a mental disability may give evidence unsworn

[D] Persons with a proven mental disability must give unworn evidence

Answer 21

[C] Persons with a mental disability may give evidence unsworn

Question 22

22. Which of the following in relation to a witness summons is incorrect?

[A] its purpose is to ensure that witnesses who are able to give relevant evidence are available in court

[B] Service can be affected personally or by registered post

[C] Service must be affected not less than 7 days before the witness is required in court

[D] a person failing to attend will be guilty of contempt

Answer 22

[C] Service must be affected not less than 7 days before the witness is required in court

Question 23

23. Which of the following in relation to witness summons is incorrect?

[A] A subpoena Ad Testicandum directs the party to attend court to give oral testimony

[B] A subpoena duces tecum directs a person to produce documents at court

[C] The purpose of a subpoena duces tecum is to obtain disclosure that may lead to the obtaining of evidence after further enquiries.

[D] The court can order that documents be produced on a particular date

Answer 23

[C] The purpose of a subpoena duces tecum is to obtain disclosure that may lead to the obtaining of evidence after further enquiries.

Question 24

24. Order 39 Rule 1 provides that;

[A] a judge can order that a witness can give evidence by affidavit

[B] a judge can order that a witness can give evidence by deposition

[C] a judge can order that a witness can give evidence by TV link

[D] a judge can order that a witness can give unsworn evidence

Answer 24

[A] a judge can order that a witness can give evidence by affidavit

Question 25

25. Which of the following in relation to Order 39 Rules 4-24 is incorrect?

[A] It allows examination of the witness by a person appointed by the court

[B] It often applies when a potential witness is too old, frail or ill to attend trial or is outside the country

[C] It provides that a disposition must be authenticated and transmitted to the court for filing

[D] It provides that a disposition shall never be given in evidence without the consent of the party against whom same may be offered

Answer 25

[C] It provides that a disposition must be authenticated and transmitted to the court for filing

Question 26

26. Which piece of legislation provides that evidence by a child may be given by T.V. link?

[A] S. 20 of the Criminal Justice Act 1984 (as amended by the Criminal justice Act 1999)

[B] S. 3 of the Criminal Procedure Act 1967 (as inserted by 21 of the Criminal Justice Act 1999)

[C] S.1 (f) of the Criminal Justice (Evidence) Act 1924

[D] Part III of the Children’s Act 1997

Answer 26

[D] Part III of the Children’s Act 1997

Question 27

27. Which of the following in relation to Order 41 Rule 6 is incorrect?

[A] particulars of judgement must be entered in proper books and filed in the Central Office or Circuit Court Office

[B]Judgement usually includes a provision for costs

[C] When filed a judgement is deemed to have been duly entered

[D] judgement will be dated as of the date it was filed

Answer 27

[D] judgement will be dated as of the date it was filed

Question 28

28. The principles to be applied by a trial judge when dealing with an application for non suit were laid down in Hertherington v Ultra Tyre serve Ltd. as follows: In the case of a jury trial in the civil courts the judge is required to consider whether

[A] the Plaintiff has made out a prima facie case

[B] it is probable that the jury will enter a verdict for the Plaintiff

[C] the defendant intends to call evidence or not

[D] the Plaintiff has made out a substantial case

Answer 28

[A] the Plaintiff has made out a prima facie case

Question 29

29. Which of the following in relation to adjournments is incorrect?
    [A] Order 36, rule 34 gives the Courts a general power to adjourn a Trial

[B] A Court can adjourn a trial for such time and upon such terms as it sees fit

[C] The Court must adjourn a trial upon the application of either party

[D] Late adjournments may be visited by costs sanctions

Answer 29

[C] The Court must adjourn a trial upon the application of either party

Question 30

30. Which of the following in relation to non appearance is incorrect?

[A] When a trial is called and the Defendant only does not appear the Plaintiff may prove his claim as far as the burden of proof lies upon him

[B] When a trial is called and either the Plaintiff or the Defendant only does not appear, either party can apply within five days for an Order for non appearance

[C] If a trial is called and the Plaintiff only does not appear the Defendant is entitled to judgment dismissing the action subject to the caveat that he must prove any counterclaim as far as the burden of proof lies on him

[D] Any order for non appearance may be set aside upon application made within six days of the Order being made

Answer 30

[B] When a trial is called and either the Plaintiff or the Defendant only does not appear, either party can apply within five days for an Order for non appearance

Question 31

What does SI391 of 1998 refer?

Answer 31

Disclosure of Expert Reports (PI) - after service of Notice of Trial

Question 32

Order 63 Rule 9(1) RSC provides that any party aggrieved by an order made by the Master of the HC may apply to the HC to discharge the Order.

What is the time period within which the party aggrieved is permitted to apply to the High Court to discharge the order?

Answer 32

6 days from the date of perfection.

Question 33

What Order provides for applications for Security for Costs?

Answer 33

Supreme Court - Order 58 RSC
Court of Appeal - Order 86 RSC
High Court - Order 29 RSC
Circuit Court - Order 16 CCR
Disctrict Court - Order 45A

Question 34

What is the difference between a ‘next friend’ and a ‘guardian ad litem’?

Answer 34

A next friend brings an action for a minor.
A guardian ad litem defends an action.

Can bring proceedings on behalf of a minor they are an adult person who consents to act in such capacity.
Order 15 RSC, Order 6 CCR, Order 43 DCR

Question 35

What is the test used by the Court in determining a contested hearing on a summary summons?

Answer 35

“whether or not there is a contest in any real sense, or whether what the Defendant urges in the case is effectively an empty formula”.
- Crumlin Investments v. Mountaine [2002] IEHC 40

Question 36

Under what order can the Master convert a summary matter into plenary?

Answer 36

Order 37
- Master has no jurisdiction to hear any contested matters.

Question 37

When it is not necessary to obtain leave of the Court to deliver interrogatories for the first time on the Defendant in the HC proceedings?

Answer 37

Where damages claimed are for fraud and breach of trust in the Statement of Claim.
- Order 31 Rule 1