WR CIVIL 3 Flashcards
In relation to ownership in land, the following is true?
a. Tenure is the word used to determine the length of time for which a person can hold land, and estate is the word used to describe the terms upon which an estate or interest in land is held.
b. Estate can be either freehold or leasehold
c, Tenure is the word used to describe the terms upon which an estate or interest in land is held, and estate is the word used to determine the length of determine the length of time for which a person can hold land.
d. None of the above
a. Tenure is the word used to determine the length of time for which a person can hold land, and estate is the word used to describe the terms upon which an estate or interest in land is held.
Which of the following is NOT and estate in land?
a. Fee sample
b. Trust
c. Fee farm grant
d. Fee tail
b. Trust
Words of limitation are words that define the extent of the estate that is being conveyed; whilst the words of purchase are used in the deeds that define the person to whom the estate is being conveyed. Which of the following DOES NOT represent the correct words of limitation to convey a fee simple estate from a vendor to a purchaser?
a. To A and his heirs
b. To A in fee simple
c. To A and his successors
d. To A and his descendants
d. To A and his descendants
Which of the following is INCORRECT in respect of a determinable fee?
a. phrases like” while”, “during” and “until are indicative of a determinable fee
b. A determinable fee consists of a succession of life estates that has the potential to endure forever according to the rules of the primogeniture
c. A determinable fee is a fee simple estate that will determine automatically on the occurrence of some specified event, the occurrence of which , is possible but not certain
d. In the case of a determinable fee, once the determining event occurs, the estate of the grantee is immediately terminated and the possibility of reverter takes automatic effect to confer the simple fee on the original grantor (or his successor in title if he is no longer alive)
b. A determinable fee consists of a succession of life estates that has the potential to endure forever according to the rules of the primogeniture
With relation to modified fee simple estates, which of the following conditions is generally deemed as valid?
a. A condition directs the grantee to marry
b. A condition which seeks to restrict the marriage of the grantee on religious grounds
c. Conditions which directs the practice of a particular religious faith
d. Conditions that are illegal or immoral
a. A condition directs the grantee to marry
Which of the following is accurate in relation to a fee tail estate?
a. A fee tail consists of a succession of life estates that has the potential to endure forever according to the rules of primogeniture
b. A fee tail will only die out when the tenant in tail ( the person in possession) dies without leaving any blood descendants
c. The property cannot be devised by a will and all that can be sold is the life estate of the person in possession
d. All of the above
d. All of the above
Which of the following does NOT represent the current words of limitations to create a fee tail?
a, To A and the heirs of his bode
b. To A in tail
c. To A in tail male
d. To A & his heirs apparent
d. To A & his heirs apparent
Which if the following is NOT relevant in relation to a life estate?
a. A life estate differs from the other freehold estates in that it is not an estate of inheritance
b. A life estate is created by using the words “To A and his heirs”
c. A life estate is created by default where the words of limitation used have been insufficient to create a fee simple
d. An estate per autre vie can be created by making a grant “ To A for the life of B” or where a life tenant transfers his interest to another person so that the grantee holds an estate for the life of the original tenant (cestui que vie)
b. A life estate is created by using the words “To A and his heirs”
Which of the following is untrue?
a. A person holding land under a fee farm grant holds for an estate in fee simple subject to a perpetual rent payable to the grantor and also subject to covenants and conditions
b. The Renewable Leasehold Conversion Act 1849 was passed in order to allow certain perpetual leasehold interests to be converted into fee simple
c. The type of fee farm grant created under Deasy’s Act is now obsolete
d. The Landlord and Tenant (Amendment) Act 1098 provided that any perpetually renewable leases that had not been converted under the 1949 Act were to be deemed as fee simple estates from 1980 onwards.
c. The type of fee farm grant created under Deasy’s Act is now obsolete
Which of the following is correct in relation to trusts?
a. Where a trust has arisen, there is a separation between the legal and equitable estates in the land
b. A trust can be created expressly or by implication
c. The historical precursor to the trust is the use, which involved the owner of land holding it “to the use” of another
d. All of the above
d. All of the above
Which of the following represents a characteristic of an equitable interest?
a. A person who has had an equitable interest in property is entitled to bring proceedings to recover ownership of property
b. An equitable interest will bind a third party who takes possession of the property
c. A person who has an equitable interest can sell or assign that interest to another party. It can also be mortgaged or devised in a will.
d. All of the above
d. All of the above
Which of the following is not a type of notice defines by the Conveyancing Act 1882?
a. Actual notice
b. Imputed notice
c. Final notice
d. Constructive practice
c. Final notice
The only one of the four unities which applies to a tenancy is the unity of?
a. possession
b. Interest
c. Title
d. Time
a. Possession
Which of the following is untrue in telation to joint tenancy?
a. Where one joint tenant dies , his of her interest in the property ceases and the remaining tenant continue to hold the property jointly between themselves
b. A joint tenancy is not forfeited even when one joint tenant is guilty of the unlawful killing of the other
c. To form a joint tenancy, each tenant must hold an identical interest in the land, and must acquire their interest by the same title
d. It is a rule the joint tenant must take vested interest at the same time
b. A joint tenancy is not forfeited even when one joint tenant is guilty of the unlawful killing of the other
Which of the following will sever a joint tenancy at law?
a. Subsequent acquisition of another interest
b. Alienation by one joint tenant to a third party
c. Unilateral dealing
d. All of the above
d. All of the above
Which of the following will NOT sever a joint tenancy at equity?
a. Mutual agreement
b. Contract be one joint tenant with a third party
c. Course of dealing
d. None of the above
b. Contract be one joint tenant with a third party
What is the effect of the Family Protection Act 1976?
a. A conveyance of the family home without the prior written consent of the non-owning spouse is deemed to be void
b. A conveyance of the family home with the prior written consent of the non-owning spouse is deemed to be void
c. A conveyance of the family home without the prior written consent of the non-owning spouse is deemed voidable at the instance of the non-owning spouse
d. A conveyance of the family home without the prior written consent of the non-owing spouse is deemed to be voidable at the instance of a third party
c. A conveyance of the family home without the prior written consent of the non-owning spouse is deemed voidable at the instance of the non-owning spouse
Which of the following is deemed NOT to be a conveyance within the meaning of the 1976 Act?
a. A judgement mortgage
b. Further advances of monies on foot of an equitable mortgage
c. A lease
d, A transfer
a. A judgement mortgage
Which of the following constitutes a family home within the meaning of the 1976 Act?
a. A dwelling in which a married couple ordinarily reside
b. A dwelling in which a spouse whose protection is in issue ordinarily resides, of if that spouse has left the other spouse, ordinarily resided before leaving
c. A property where spouses are in actual residence but not necessarily in an intimate relationship
d. All of the above
d. All of the above
The Family Law Act 1995 introduced a limitation period of how many years in respect of proceedings initiated under the 1976 Act by a non-owing spouse seeking to declare a conveyance void:
a. 3 years
b 4. years
c. 5 years
d. 6 years
d. 6 years
Civil MCQ’s Doc 2 Q’s
- The foundation dictum in relation to privilege in this jurisdiction can be founded in the case of Smurfit Paribas bank v AAB Expert Finance Ltd (1990) 1 IR 469. This case stated what privilege would attach to documents:
i) where the public interest lies in favour of revealing the contents of the document
ii) where the advantage which results from revealing facts outweighs the disadvantage which could result in not revealing facts
iii) in the interests of the administration of justice ; or
iv) all of the above
iv) all of the above
2 Legal advice Privilege entitles a client to;
i) refuse to disclose any communication between himself/herself and a lawyer that were made for the purpose of giveing legal advice
ii) refuse to disclose any communication between himself/herself and his/her lawyer, in the course of their professional relationship, that were made for the purpose of giving legal advice
iii) refuse to disclose any communication in relation to legal advice that his/her lawyer has given him/her in the context of litigation
iv) refuse to disclose any communication between himself/herself and his/her lawyer
ii) refuse to disclose any communication between himself/herself and his/her lawyer, in the course of their professional relationship, that were made for the purpose of giving legal advice
Which of the following does the Litigation Privilege not cover
i) communication between a lawyer and a client where the client gives instructions to the lawyer as to how he wants his case to be handled
ii) communication between a client and a third party (eg) an expert witness as to how a particular problem, which is the subject of the dispute, occurred
iii) communication between a client and a third party in relation to a case that the expert witness has been hired for
iv) communication between a client and a third party relating to a dispute that the third party is having with his neighbours
iv) communication between a client and a third party relating to a dispute that the third party is having with his neighbours
A & B are in dispute. C is hired as A’s lawyer. B’s legal team seek discovery of a number of documents, some of which you (as C’s trainee) feel are covered under the Legal Advise privilege.
What are your reasons for finding so?
i) the document sought to be disclosed contains confidential legal advice, which was made in the course of A’s relationship with C
ii) the document sought to be disclosed contains confidential legal advice,
iii) the document sought to be disclosed contains confidential legal advice from C to A in relation to contemplated litigation
iv) the document sought to be disclosed contains confidential legal advice from C to A that was made in the course of A’s relationship with C and which relates to contemplated litigation
i) the document sought to be disclosed contains confidential legal advice, which was made in the course of A’s relationship with C
In order to sustain Legal Advice Privilege there has been a communication (i.e.) information passing between a lawyer and a client either giving, receiving or formulation legal advice. Which of the following would not amount to communication?
i) notes and memos of communication with the client
ii) the lawyer’s bill of costs
iii) blood samples
iv) none of the above
iv) none of the above
As with Q 5 above, but which of the following would amount to communication?
i) communications between a client and someone else which the lawyer has seen or has heard
ii) communications between a lawyer and a third party in relation to a matter upon which the legal advise was sought
iii) communications between a lawyer and a clients agent ( who is authorised by the client to accept legal advice on their behalf)
iv) communication between a lawyer and a client regarding the clients identity or address
iii) communications between a lawyer and a clients agent ( who is authorised by the client to accept legal advice on their behalf)
One of the following statements is not true, which one is it?
i) communications between A and the Attorney General is covered under the Legal Advice Privilege
ii) communications between A and a foreign lawyer is covered under the Legal Advice Privilege
iii) communications between A and a retired barrister is covered under the Legal Advice Privilege
iv) communications between A and a person who the client reasonably believes is a lawyer is covered under the Legal Advice Privilege
iii) communications between A and a retired barrister is covered under the Legal Advice Privilege
Which of the following cases distinguished between legal advice and legal assistance in deciding that only the former would attract privilege?
i) Miley v Flood (2001) ILRM 489
ii) Smurfit ParibasBank Ltd b AAB Export Finance Ltd (1990) ILRM 489
iii) Bord na gCon V Murphy (1970) IR 301
iv) Gallagher v Stanley & National Maternity Hospital (1998) 2 IR 276
ii) Smurfit ParibasBank Ltd b AAB Export Finance Ltd (1990) ILRM 489
Which of the following cases throws confusion over the law by indicating that legal professional privilege would attach to “confidential communications passing between lawyer & client for the purpose of abtaining legal advice or assistance
i) Miley v Flood (2001) ILRM 489
ii) Smurfit ParibasBank Ltd b AAB Export Finance Ltd (1990) ILRM 489
iii) Bord na gCon V Murphy (1970) IR 301
iv) Gallagher v Stanley & National Maternity Hospital (1998) 2 IR 276
iv) Gallagher v Stanley & National Maternity Hospital (1998) 2 IR 276
What are the reasons behind Litigation Privilege?
i) protection of the privacy of counsel
ii) protection of the administration of justice
iii) Protect the work product of the lawyer and the adversarial system
iv) all of the above
iv) all of the above
What must be present in order for a document/communication to be protected by Litigation Privilege?
i) it must be made between the client and the lawyer
ii) it must be made between the client and a third party (eg) expert witness
iii) it must be made in preparation of litigation
iv) it contained legal advice
iii) it must be made in preparation of litigation
Where a document is formulated with mixed motives what is the locus classicus that was established in the case of Waugh v British Railways Board (1980) AC 521
1) it will be protected by privilege where the dominant purpose is in contemplation of litigation
ii) it will be protected by privilege as long as there is some indication that it was prepared in contemplation of litigation
iii) it will only protected by privilege where the purpose for the document is in contemplation of litigation
iv) it will be protected by privilege in any case
ii) it will be protected by privilege as long as there is some indication that it was prepared in contemplation of litigation
How are the motives for making such a document determined by the court
i) It is the motive of the person who has made the document which is determiniative
ii) It is the motive of the person who instigated the making of the document which is determiniative
iii) It is not necessary for the motives behind the making of such documents to be looked at by the court
iv) The courts determine the motives on a subject in that it is up to the courts to decide on the matter based on the facts of the case before them
ii) It is the motive of the person who instigated the making of the document which is determiniative
Where will Litigation Privilege apply?
i) documents that were in existence before the litigation commenced
ii) documents that are in communications with the other side
iii) documents that were intended by A to be given to the other side (B) but then A changed his mind
iv) documents that have been assembled by the Gardai in relation to the commission of a crime
ii) documents that were intended by A to be given to the other side (B) but then A changed his mind
There are five exceptions to Legal Professional Privilege. Which of the following is not one of the exceptions
i) testamentary disposition
ii) disclosure of expert witness reports
iii) cases involving the welfare of the children
iv) where the innocence of an accused is at stake
ii) disclosure of expert witness reports
What is the procedure when one party alleges that a document or communication should be disclosed on the basis that it was made in furtherance of conduct which is criminal fraudulent or injurious to the interests of justice?
i) Party seeking disclosure should establish that the allegation is plausible or viable
ii) Party seeking disclosure should present some prima facie evidence that the allegation has a foundation in fact
iii) Party wanting the document to remain privileged do both (i) & (ii) above
iv) (i) above but it is arguable that (ii) above is the correct test to apply
iv) (i) above but it is arguable that (ii) above is the correct test to apply
Will Legal Professional Privilege be lost in any of the following circumstances
i) Where the solicitor gives legal advice to the client that unless he acts in a certain way he may be open to prosecution
ii) Where the solicitor gives legal advice to the client that if he acts in a particular way, he may be open to a particular penalty
iii) Where the solicitor gives legal advice to the client which is relevant to a commission of a crime or a fraud
iv) Where the solicitor gives legal advice to the client which is a furtherance of a crime or fraud
iv) Where the solicitor gives legal advice to the client which is a furtherance of a crime or fraud
In the case of testamentary dispositions, where the court, in deciding whether or not certain communications are privileged, needs to balance competing interests, which interests will prevail
i) Right of the court in a probate case to know that all the witness knows about a contested will
ii) Right of a party to privilege over communications which passes between a solicitor and a witness in advance of contemplated litigation
iii) Right of the deceased to have his last wishes carried out without question
iv) None orf the above
i) Right of the court in a probate case to know that all the witness knows about a contested will
i
What is the position in relation to the piercing of Legal Professional Privilege where the innocence of an accused is at stake?
i) The court will balance the competing interests of the public in the due and orderly administration of justice against those of the accused in ensuring all the evidence before the Court
ii) The doctrine of “ once privileged always privileged” should prevail and therefore no balancing exercise should be carried out
iii) There should be no screen keeping relevant information for the jury which might assist the accused
iv) None of the above since the matter is unclear in Ireland
iv) None of the above since the matter is unclear in Ireland
A and B are in dispute. A listed the expert report of X, Y & Z on the Schedule of Reports which was to be served on B. Subsequently A wishes to withdraw expert Y from the Schedule on the basis that he no longer intends to call Y at the hearing. What does it mean
i) B should withdraw Y from the Schedule , and A is not permitted to rely on Y’s evidence in Court
ii) B should withdraw Y from the Schedule but A may still rely on Y’s evidence in Court
iii) B should withdraw Y from the Schedule. Neither A nor B are permitted to rely on Y’s evidence in Court
iv) B should withdraw Y from the Schedule. A is not permitted to rely on Y’s evidence in Court, B may still rely on Y’s report in support of his case
iii) B should withdraw Y from the Schedule. Neither A nor B are permitted to rely on Y’s evidence in Court
CIVIL MCQs Doc 3 Q’s
Under what circunstances would it not be appropriate for an application to be made to the Court seeking an order for discovery?
i) Where the other side has failed to make discovery
ii) Where the other side has neglected to make discovery
iii) Where the other side hasn’t made sufficient discovery
iv) Where the other side has refused to make discovery
iii) Where the other side hasn’t made sufficient discovery
There are three remedies that are available where there has been an agreement to a request for voluntary discovery, but discovery has nor been made within a reasonable time.
Which of the following is not one of the remedies offered under Order 31, Rule 21 of the RSC?
i) Costs
ii) Attachment
iii) Action to be dismissed for want of prosecution
iv) Defence to be struck out
i) Costs
Which is the remedy available to a Party who has sought voluntary discovery but who has received no response to such a request?
i) Costs
ii) Action to be dismissed for want of prosecution
iii) Defence to be struck out
iv) Seek an Order from the Master ordering discovery
iv) Seek an Order from the Master ordering discovery
What is the time limit for appealing a decision of the Master to order/refuse to order discovery to be made?
i) 6 days from the date of perfection of the Master’s Order
ii) 10 days from the date of perfection of the Master’s Order
iii) 12 days from the date of perfection of the Master’s Order
iv) 14 days from the date of perfection of the Master’s Order
iv) 14 days from the date of perfection of the Master’s Order
Under what circumstances will a claim be struck out for want of prosecution where the party has failed to comply with an order for discovery?
i) Where the court is satisfied that the defendant is avoiding discovery
ii) Where the omission to comply with the orders for discovery is not intentional
iii) Where the court feels it is necessary to punish the defaulter
iv) All of the above
i) Where the court is satisfied that the defendant is avoiding discovery
On what grounds will further and better discovery be ordered?
i) Where the documents were omitted from the affidavit of discovery
ii) Where the documents were found to be irrelevant to the matters of the proceedings
iii) Where documents came into existence after the swearing of the affidavit of discovery
iv) Where documents only came to the notice of the deponent after the affidavit of discovery were sworn
ii) Where the documents were found to be irrelevant to the matters of the proceedings
Further and better discovery will only be ordered in extremely limited circumstances where the documents come into existence after the swearing of the affidavit of discovery, It has been stated that there is no continuing obligation for discovery however, it may be ordered in the interests of justice. Where are the matters to be taken into account by the Court in this regard?
i) The documents sought, whether or not they are covered by privilege; that the documents sought could not be obtained from anywhere else; and that the documents are probably relevant
ii) The documents sought; whether or not eh documents are covered by any privilege; whether or not the documents come within the realms of one of the exceptions to the privilege; that the documents sought could not be obtained by any other means; that the documents are probably relevant
iii) The same principles which would be looked at when a Party was seeking an order of discovery orinigally
iv) (ii) and (iii) above
ii) The documents sought; whether or not eh documents are covered by any privilege; whether or not the documents come within the realms of one of the exceptions to the privilege; that the documents sought could not be obtained by any other means; that the documents are probably relevant
Which is the correct provision which enables discovery to be made from non-parties
i) Order 31, rule 20
ii) Order 31, rule 18
iii) Order 31, rule 27
iv) Order 31, rule 29
iv) Order 31, rule 29
There are limitations to this provision which is as follows
i) Discovery under this provision will only be granted where there is an intention to join the non-party as a party to the proceedings
ii) Discovery under this provision will only be granted where there is no other realistic alternative available
iii) Discovery under this provision will only be granted where the other side are amenable to the procedure
iv) Discovery under this provision will only be granted where the side seeking discovery can give an undertaking as to costs
ii) Discovery under this provision will only be granted where there is no other realistic alternative available
Discovery may also be granted to establish the identity of an alleged wrongdoer. When will the Court allow this?
i) At any stage
ii) Where there is some proof that their party committed some wrongdoing
iii) Only sparingly where there is clear evidence of some wrongdoing
iv) None of the above
iii) Only sparingly where there is clear evidence of some wrongdoing
What is Norwich Pharmacol order?
i) An order for discovery in relation to a party’s patent rights
ii) An order for discovery in relation to the owner’s of a patent
iii) Both (i) and (ii) above
iv) An order for discovery from a person innocently caught up in the wrongdoing of another who may be compelled to expose the identity of the actual wrongdoer
iv) An order for discovery from a person innocently caught up in the wrongdoing of another who may be compelled to expose the identity of the actual wrongdoer
What are the issues that the Court will take into account in an application for discovery in Judicial Review proceedings?
i) Where the facts/information sought relating to the dispute are necessary and relevant to the Party’s case
ii) Where discovery is necessary for the fair disposal of the Judicial Review action
iii) Whether it is being used to obtain discovery of documents with a view to instituting proceedings
iv) (i) and (ii) above
ii) Where discovery is necessary for the fair disposal of the Judicial Review action
What is the duration of Legal Professional Privilege
i) The maxin “once privileged always privileged” applies to all documents
ii) the maxim at (i) above only applies to legal advice privilege. In relation to litigation privilege, the privilege applies only for as long as the proceedings remain in being
iii) There should be a discretionary balance of the relevant interests involved (i.e) between fairness and accuracy on the one hand and the interest served by the privilege on the other, or
iv) The majority are in favour of (i) above, however, all the above are relevant since there has been no definitive decision on the matter
iv) The majority are in favour of (i) above, however, all the above are relevant since there has been no definitive decision on the matter
Who holds the Legal Professional Privilege?
i) The client
ii) The lawyer
iii) A client and a third party who has a common interest with the client as regards the subject matter of the privileged document
iv) Both (i) and (iii) above
iii) A client and a third party who has a common interest with the client as regards the subject matter of the privileged document
When will a client be deemed NOT to have waived the Privilege?
i) Relevalation by the lawyer (not acting outside of his instructions) of the information contained in a document
ii)Disclosure/part disclosure of the document to the public
iii) Where the document is disclosed to a third party with a common interest
iv) Where the contents of legal communications has been put i issue
iii) Where the document is disclosed to a third party with a common interest
What is the status of legal professional privilege?
i) It is a discretionary remedy only awarded by the Courts in limited circumstances
ii) It is merely a rule of evidence and does not necessarily have to be followed
iii) It is a substantive right which has been characterised as fundamental to a fair trial under Article 6 & 8 of the ECHR, or
iv) None of the above
iii) It is a substantive right which has been characterised as fundamental to a fair trial under Article 6 & 8 of the ECHR, or
What is the meaning of the “Without Prejudice” Privilege?
i) Communication in the furtherance of a bona fide attempt to settle a dispute
ii) Communication that is not meant to damage or further either Parties case
iii) Communication made by one party in a genuine attempt to settle. If the negotiations were to fail, this communication would not be disclosed without the consent of both parties
iv) (ii) and (iii) above
iii) Communication made by one party in a genuine attempt to settle. If the negotiations were to fail, this communication would not be disclosed without the consent of both parties
What is necessary for a Party who is trying to assert the “Without Prejudice” Privilege to show to the court
i) That a dispute existed between the Parties in which legal proceedings had commenced or were contemplated
ii) The communication was made in a genuine attempt to further the settlement negotiations of the dispute
iii) That the words “ Without Prejudice” were included on the communication; or
iv) All of the above, although (iii) is not definitive
iv) All of the above, although (iii) is not definitive
What is the view taken by the Courts in the seminal case of Ryan v Connnolly (2001) 2 ILRM 174 in relation to “ Without Prejudice” privilege?
i) That it is confined in its ambit to admissions made in the context of settlement negotiations
ii) That it extends to protect a party from being prejudiced in any way by anything that is said in the course of settlement negotiations
iii) That the court should balance the interest in disclosure against the public interest in encouraging settlements in cases where disclosure is sought not for the purpose of holding an opponent to admissions made in the offer but to demonstrate why a particular course was taken
iv) That it was a vital element to the negotiations process and therefore, the courts should be reluctant to pierce it except on the most exceptional of circumstances
iii) That the court should balance the interest in disclosure against the public interest in encouraging settlements in cases where disclosure is sought not for the purpose of holding an opponent to admissions made in the offer but to demonstrate why a particular course was taken
In what situations will “ Without Prejudice” communications not be allowed into evidence?
i) Where they relate to some illegality, impropriety, threats or blackmail
ii) Where they relate to previous litigation with the same subject matter as between the same or between different parties
iii) Where they are needed to establish that negotiations led to an agreement and as to what was actually agreed between the parties as a result and whether that gives rise to an estopple
iv) Where they are there to prove the fact of compromise
ii) Where they relate to previous litigation with the same subject matter as between the same or between different parties
In the case of Murphy v Dublin Corporation (1972) IR 215, which was approved in the case of Ambiorix Ltd V Minister of the Environment, the issue of Public Interest Privilege was thoroughly discussed. What was the decision in this case
i) It was for the Minister to decide whether certain documents should be disclosed
ii) The Court has to accept the decision of the Minister as to whether or not certain documents were privileged
iii) It was for the Court to decide whether privilege existed or not and in reaching such a decision the Court should take into consideration where the public interest lay, and that the view of the Minister should not automatically be accepted in this regard
iv) Documents may be withheld on the basis that they belong to a certain class of documents
iii) It was for the Court to decide whether privilege existed or not and in reaching such a decision the Court should take into consideration where the public interest lay, and that the view of the Minister should not automatically be accepted in this regard
There are four main exception to non-disclosure. Which of the following is not one of the exceptions
i) Government confidentiality
ii) International relations
iii) Proper functioning of the Public Service
iv) The prevention and detection of crime
i) Government confidentiality
The idea behind the exception of proper functioning of the public service, is to foster candour in the public service. Which of teh following are not included in the public service
i) Garda Siochana Complaints Board
ii) A tribunal of enquiry/Employment Appeals Tribunal
iii) Local Authorities
iv) The Law Society
iv) The Law Society
Which of the following is true in relation to the Courts role in inspecting documants which are claimed to be covered by executive privilege
i) The court may inspect a document to ascertain if the claim of privilege is well founded
ii) The Court may inspect a document to ascertain if the claim of privilege is well founded and may further be disposed to editing that document
iii) The Court is obligated to examine the documents
iv) The Court should never examine the documents
ii) The Court may inspect a document to ascertain if the claim of privilege is well founded and may further be disposed to editing that document
The Constitution confers absolute privilege upon executive and parliamentary communications. Which Article of the Constitution created this privilege
i) It applies to all publications and/or utterances made by TD’s or Senators
ii) It applies to all publications and/or utterances made within the Dail, the Seanad, tribunals of enquiry or committees established by the Oireachtas
iii) It applies to all publications and/or utterances first made within the Dail or the Seanad
iv) It applies to all publications and/or utterances first made within the Dail or the Seanad but it won’t apply where the utterance is repeated outside of the Dail or the Seaned
iii) It applies to all publications and/or utterances first made within the Dail or the Seanad
In the case of Attorney General v Hamilton (No 2) the Supreme Court considered the issue of parliamentary privilege. What was the decision in this case?
i) A member of the Dail or Seanad who repeats the allegation or information outside of the Dail, is no longer covered by the privilege
ii) Any utterance first made in the Dail or the Seanad, no matter where it is published, remains privileged in the context of any legal proceedings, The source of the information will also remain confidential
iii) A member of the Dail or the Seanad is covered by the privilege even where the repetition was not factually similar to the information first stated in either House of the Oireachtas
iv) A member of the Dail or the Seanad who repeats the allegation or information outside of the Dail, is no longer covered by the privilege. Furthermore, the source of the information will not remain confidential
ii) Any utterance first made in the Dail or the Seanad, no matter where it is published, remains privileged in the context of any legal proceedings, The source of the information will also remain confidential
Is it possible for Tribunal of Inquiry to investigate the content and details of Government discussions?
I) Since the Government is responsible to the Dail, it is possible for a Tribunal to investigate the details of Government discussions
ii) As it is a necessary corolary of the principle of collective responsibility, there can be no investigation into details of Government discussions
iii) The Government is responsible to the Dail in respect of both decisions taken and the process leading up to these decisions and therefore, a Tribunal may investigate such matters
iv) The confidentiality of discussions between the Government will be respected except where the High Court determines disclosure has to be made in relation to a particular matter
iv) The confidentiality of discussions between the Government will be respected except where the High Court determines disclosure has to be made in relation to a particular matter
What is taken into account by a Court when asked to disclose the identity of a source of information in the control of the Informer Privilege
i) Consider whether justice would be best served by disclosure
ii) Consider whether disclosure would benefit the job of the police to prevent and detect crime
iv) The confidentiality of discussions between the Government will be respected except where the High Court determines disclosure has to be made in relation to a particular matter
iv) Weigh up the informer’s right to have his identity protected in return for the valuable information against the public interest in the prevention and deterrance of crimes
iv) The confidentiality of discussions between the Government will be respected except where the High Court determines disclosure has to be made in relation to a particular matter
Informer Privilege is not absolute. What is the exception to this privilege?
i) Where disclosure would prove an accused’s innocence
ii) There can be many instances as the Court has a wide discretion in determining what is and what is not covered under the privilege
iii) Where the life of the informant is in danger
iv) Where there was a public interest in revealing the identity of the information
i) Where disclosure would prove an accused’s innocence
The issue of Informer Privilege was disclosed in the case of Ward v Special Criminal Court. What was decided in this case?
i) An informer’s identity should always remain confidential, but an exception may be made in the most exceptional circumstances which would allow Defence Counsel to view the Statement of the informer. However, Defence Counsel were thereafter forbidden from revealing the content of the statement to the accused
ii) As 9i) above but the Court would also look at the document with Defence Counsel
iii) An informer should be disclosed where there is any argument pertaining to the guilt/innocence of the accused
iv) The Court should look at the Informer’s statement to see if it might be useful in tending to prove the innocence of the accused
iv) The Court should look at the Informer’s statement to see if it might be useful in tending to prove the innocence of the accused
In what cases would a journalist be entitled to refuse to reveal their sources?
i) Where the journalists life is in danger
ii) Where the life of the informant is in danger
iii) Where it might hinder the credibility of their work#iv) (ii) and (iii) above
ii) Where the life of the informant is in danger
CIVIL MCQ’s Doc 5 Q’s
The matter of sacerdotal privilege was discussed in the case of Cook v Carroll.
What were the principles that were established in that case?
i) The communication was one which was made in confidence
ii) The relationship between a priest and his parishioners is a relationship which the public interest deems necessary to foster. As such confidence was an essential requirement to the healthy maintenance of the relationship
iii) The Court should weigh up the likely harm that would be caused by mandatory disclosure against the benefit to be gained from the disclosure
iv) All of the above
iv) All of the above
The fact that a relationship is based on confidence does not necessarily mean that the Courts will not order disclosure. Which of the following relationships will attract the privilege?
i) Doctor and patient relationship
ii) Banker and customer relationship
iii) Counsellor and patient relationship
iv) Accountant and client relationship
iii) Counsellor and patient relationship
Procedurally, where should the documents alleged to be privileged be listed
i) They don’t have to be listed at all as they are privileged
ii) In the body of the Affadavit of Discovery
iii) In Part ! of the First Schedule of the Affadavit of Discovery
iv) n Part !1 of the First Schedule of the Affadavit of Discovery
v) n Part !1 of the First Schedule of the Affadavit of Discovery
Is it necessary and if so, how should one format one’s claim of privilege?
i) It is nor necessary to format any claim of privilege which is being made
ii) It is sufficient to make a generic claim of privilege over the class of documents which are to be covered
iii) It is necessary to list the documents individually and to identify the privilege claimed over each of the documents
iv) One must list the documents individually and identify the privilege claimed over each of the documents as well as the reason why the documents should remain privileged
iii) It is necessary to list the documents individually and to identify the privilege claimed over each of the documents
If a party wishes to challenge a claim of privilege, what is the procedure?
i) Should bring an application based on a Notice of Motion and Grounding Affidavit to have the matter determined
ii) Should make a ex parte application to have the matter determined
iii) Should wait until the matter comes up for Hearing and make an application to have the matter determined at the very beginning of the Hearing
iv) None of the above
i) Should bring an application based on a Notice of Motion and Grounding Affidavit to have the matter determined
There are two essential principles enunciated in the case of Duncan V Governor of Portlaoise Prison. Which of the following were they?
i) A trial judge may inspect a document to ascertain if the claim of privilege is well founded
ii)It is possible to cross-examine a deponent of an Affidavit of Discovery, but only if alternate remedies (eg) order for further and better particulars etc. have proved ineffective
iii) It is not the role of the Judge to edit documents for the purpose of finding the relevant material which is to be disclosed to the other side
iv) Both (ii) and (iii) above
iv) Both (ii) and (iii) above
When will discovery be granted
i) When one party requests it
ii) When the court orders it
iii) Where it is necessary for the fair disposal of the case
iv) Where it will further the case of the requesting party
iii) Where it is necessary for the fair disposal of the case
What is the purpose behind discovery
i) To ensure that both Parties can obtain on all relevant material and to ensure that the court has all the relevant material before it
ii) To prevent an unfair advantage at the trail of the action
iii) To define the issues that are in dispute as sharply as possible
iv) All of the above
iv) All of the above
What are the limits on the granting of discovery?
i) It won’t be granted where it is sought to enable a party to plead a cause of action which he would otherwise not be in position to plead without discovery
iii) Both (i) and (ii) above
iv) None of the above
i) It won’t be granted where it is sought to enable a party to plead a cause of action which he would otherwise not be in position to plead without discovery
When is an application made for discovery?
i) No later that 3 weeks after the action has been set down or, in relation to matters which have not been set down, 3 weeks after it has been listed for trial
ii) No later that 2 months after the action has been set down or, in relation to matters which have not been set down, 2 months after it has been listed for trial
iii) No later that 28 days after the action has been set down or, in relation to matters which have not been set down, 28 days after it has been listed for trial
iv) None of the above
iii) No later that 28 days after the action has been set down or, in relation to matters which have not been set down, 28 days after it has been listed for trial
Can discovery be granted before delivery of the Statement of Claim
i) Yes
ii) No
iii) Generally yes, bot only in exceptional circumstances
iv) Not where it is merely a fishing expedition
iii) Generally yes, bot only in exceptional circumstances
Under what Order of the Rules of the Superior Courts would a party seek discovery before it delivery of the Statement of Claim?
i) Order 31, rule 12
ii) Order 31, rule 12 (5)
iii) Order 31, rule 15
iv) Order 31, rule 17
i) Order 31, rule 12
Under what order of the Rules of the Superior Courts would a party seek discovery before delivery of the Statement of Claim?
i) The complexity of the issue
ii) Whether a stateable case exists, which is capable of being pleased.
iii) The need for a clear and concise Statement of Case which cannot be done unless discovery is granted
iv) All of the above
iv) All of the above
Order 31, rule 12 (1) states the procedure which must be followed in relation to discovery. Which of the following correctly states the procedure?
i) Notice of motion and grounding affidavit stating the categories of the documents sought, why the documents are necessary, and why the documents are required
ii) Notice of motion and grounding affidavit stating the categories of the documents sought, and an averment to the effect that they are necessary to save on costs
iii) Notice of motion and grounding affidavit stating the categories of the documents sought, and an averment to the effect that they are necessary to save costs
iv) A letter seeking a voluntary discovery and if this is not complied with, then a Notice of motion and grounding affidavit stating the categories of the documents sought; why the documents are necessary; and why the documents are required.
i) Notice of motion and grounding affidavit stating the categories of the documents sought, why the documents are necessary, and why the documents are required
The decision of teh Couty in Compagnie Financiere du Pacifique V Peruvian Guana Co. stated that discovery should be granted where a document which is sought to be discovered related to the matters in question, which would not only be evidence on the issue but would also contain information that may directly or indirectly enable the Party requesting discovery either to advance his own case or to damage the case of the High Court in deciding whether or not to grant discovery?
i) The Master refuses to grant discovery in any way, shape or form, unless the party seeking discovery can show that he has no other way of pricing his case without discovery
ii) The Master refuses to take any of the issues raised in the above-mentioned case into account
iii) The Master will not grant discovery if he feels there is some other way of proving a particular element of a case for which discovery is sought or if there is another way of damaging the other side’s case
iv) The Master determines the issue in line with the above-mentioned decision
iii) The Master will not grant discovery if he feels there is some other way of proving a particular element of a case for which discovery is sought or if there is another way of damaging the other side’s case
A question (s) which the Court must ask itself before determining whether or nor to grant disclosure was established in the case of Hannon v The Commissioners for Public Works & Others. This is as follows
i) Is it probable that the document is relevant ( in relation to the pleadings in the case) and not whether it may be relevant
ii) Is it probable that the document is relevant ( in relation to the pleadings in the case) ?
iii) To what extent would the granting of discovery be oppressive on the Parties
iv) Both (i) and (iii) above
iv) Both (i) and (iii) above
Order31, ruke 12 states that discovery should not be granted where the Court is of teh opinion that is is not necessary for fairly disposing of the matter between the Parties. Which of the following correctly states the test of “necessity” as confirmed by the Court in Ryanair v Are Rianta
i) The Court must have regard to the reasons furnished as to why the document is necessary
ii) The court must have regard to the burden, the scale and the cost of the discovery which is sought
iii) (i) and (ii) above as well as having regard to the issues of the case as stated in the pleadings
iv) (i) and (ii) above
iii) (i) and (ii) above as well as having regard to the issues of the case as stated in the pleadings
What does not amount to a document in relation to discovery?
i) Computer database
ii) Microfiche
iii) Photographs
iv) Newspapers
iv) Newspapers
What should not be included in a letter seeking voluntary discovery under Order 31, rule 12 (4)?
i) The categories of documents over which discovery is sought
ii) The reasons why discovery is sought
iii) The affidavit of discovery
iv) (ii) and (i) above
iii) The affidavit of discovery
How is discovery made?
i) In a letter
ii) In an affidavit
iii) At the hearing
iv) Over the phone
ii) In an affidavit
CIVIL MCQ’S DOC 6
What order of the RSCsets out the general rules in relation to pleadings
i) Order 19
ii) Order 38
iii) Order 20
iv) Order 40
Order 19
What is the purpose of pleadings
a) To define the issues between the parties
b) To define 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 revela the facts on which a claim is based
f) All but d
f) All but d
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 sides don’t contest the facts
c) Where there is a statutory presumption in the pleadings parties favour
d) (a) and (c)
e) None of the above
d) (a) and (c)
Ian is a landlord, he wants to get possession of his house back from his Spanish tenant, Juan-Pablo, who hasn’t been paying the “rent”. Ian’s property has a rateable value in excess of €236. What initiating document should Ian use
a) Summary Summons
b) Special Summons
c) Petition
d) Equity Civil Bill
a) Summary Summons
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
b) Personal Injury Summons
Under what Order of to 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) Order 37
Mary’s father dies, out of his €27 million estate he willed €26.95 million to his Spanish toy boy, Jun -Pablo and left the remainder to Mary. Mary wishes to bring an action, under s117 of the Succession Act, in order to ger proper provision made for herself. How does Mary initiate proceedings?
a) By Petition
b) Summary Summons
c) Special Summons
d) Either (a) or (c)
b) Special Summons
You are given a hand over by a colleague but manage to loose all the papers, all you can remember is the record 2005)0023SP. What does the 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 Sept 2005
c) That the matter was initiated in 2005 by Special Summons
d) That the matter was initiated in 2005 by Summary Summons
c) That the matter was initiated in 2005 by Special Summons
How long does a plaintiff have to deliver a statement 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
d) None of the above
Which of the following can not be issued by way of a petition
a) Companies Acts - Application of Wind Up
b) Companies Acts - Appointment of an examiner
c) Companies Acts - Application to restrict/disqualify directors
d) Applications in relation to Parliamentary Elections
d) None of the above
c) Companies Acts - Application to restrict/disqualify directors
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
d) All of the above
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 only stops once the summons/bill has been served
b) The clock only stops in the High Court once the Central Office has issued the served, but in the Circuit Court the clock stops once the Circuit Office has issued the summons/bill
c) The clock stops for both upon service
d) The clock stops for both upon issue
d) The clock stops for both upon issue
Which order of the RCS outlines the procedure in relation to the service of Summons?
a) Order 9
b) Order 11
c) Order 10
d) Order 11a
a) Order 9
When can service be affected 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 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 personable service
d) A court order is always required to affect substituted service
a) Where the defendant is within the jurisdiction and due and reasonable diligence has been exercised to effect personal service
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)
Service by postage to the registered office of the company
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
d) Order 121
Phil negotaited 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
d) All of the above
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)
d) (a) and (b)
Suzanne’s car was smashed into after Ian ran a red light on Church St. Ian is an American sheep herder, living in the Broke Back Mountains, 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)
d) (a) and (c)
Dave, the young devil, was out on a bender and can’t remenber what to do; he has to serve a notice of 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
c) 35 days - 5 weeks
CIVIL MCQ’s DOC 7 Q’s
You are suing for damage arising out of negligence in teh Circuit Court, you wish to sue the Sole Trader who performed the fault works and the manufacturer (a company) of 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) Both by registered post, the place of business of the sole trader and the registered office of the company
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 in 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 an application at the end of the Circuit Court Common Law motions list
d) None of the above
b) File an application in the Circuit Court Office, get date for hearing and apply to the county registrar
Which order(s) of the Circuit Court rules governs service outside of jurisdiction.
a) Order 10
b) Order 13
c) Order 4
d) (c) and (b)
d) (c) and (b)
If I want to serve a civil summons by registered post, when do 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
c) At least 21 days prior to the sitting of the court to which the summons is returnable
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 hos opponent at trial
c) A Party is not entitled to matters of evidence but only to material facts upon which his opponents claim to be based
d) A party is not entitled to documents from his opponent in a notice for particulars
b) A party is not entitled to know the broad outline of what is going to be said by hos opponent at trial
