APR 2024 EIRE CONTINENTAL

Question 1

1. What Order of the Rules of Superior Courts governs the procedure for the issue of a notice of trial?
   a. Order 36 Rule 8
   b. Order 37 Rule 1
   c. Order 15 Rule 3
   d. Order 16 Rule 5

Answer 1

a. Order 36 Rule 8

Question 2

2. What Order of the Circuit Court Rules governs the procedure for the issue of a notice of trial?
   a. Order 11 Rule 3
   b. Order 12 Rule 8
   c. Order 33 Rule 1
   d. Order 40 Rule 10

Answer 2

c. Order 33 Rule 1

Question 3

3. What order of the Rules of Superior Courts governs the issue of a notice of trial in probate a matrimonial matters?
   a. Order 36 Rule 4
   b. Order 11 Rule 2
   c. Order 36 Rule 8
   d. Order 37 Rule 4

Answer 3

a. Order 36 Rule 4

Question 4

4. How many days must be given in a notice of trial in the High Court?
   a. 10 days
   b. 14 days
   c. 28 days
   d. 21 days

Answer 4

d. 21 days

Question 5

5. How many days must be given in a notice of trial in the Circuit Court?
   a. 10 days
   b. 14 days
   c. 7 days
   d. 21 days

Answer 5

a. 10 days

Question 6

6. Once a notice of trial has been issued who sets down a case for trial in the High Court?
   a. The Plaintiff
   b. The Defendant
   c. The Master
   d. The Plaintiff or the Defendant

Answer 6

d. The Plaintiff or the Defendant

Question 7

7. In which of the following cases can an application under Order 36 of the Rules of Superior Court and pursuant to the Courts Act 1988 for a claim in the High Court to be heard in front of a jury? Note that more than one of these cases can be so heard.
   a. Personal Injuries Action
   b. Malicious Prosecution
   c. Breach of Contract
   d. Professional Negligence
   e. Defamation
   f. Trespass to Land
   g. False Imprisonment

Answer 7

b. Malicious Prosecution
d. Professional Negligence
e. Defamation
g. False Imprisonment

Question 8

8. What order of the Rules of Superior Courts gives the court power to adjourn or postpone a trial?
   a. Order 5 Rule 8
   b. Order 5 Rule 9
   c. Order 36 Rule 50
   d. Order 36 Rule 34

Answer 8

d. Order 36 Rule 34

Question 9

9. If the Court exercises its general power to adjourn or post pone a trial it make only do so:
   a. In accordance with the requirements of fair procedures and in the interests of justice
   b. For the saving of costs
   c. Where not to do so would prejudice one side
   d. Where a vital witness would otherwise be unable to give evidence

Answer 9

a. In accordance with the requirements of fair procedures and in the interests of justice

Question 10

10. Which of the following may give evidence by live television link in civil cases?
    a. Children under 14
    b. Those with a mental disability
    c. All minors
    d. None of the above

Answer 10

c. All minors

Question 11

11. Which of the following directs a party to attend court to give oral testimony?
    a. Subpoena ad tesrificandum
    b. Subpeona duces tecum
    c. Certiorari
    d. Mandamus

Answer 11

a. Subpoena ad tesrificandum

Question 12

12. What order of the Rules of Superior Courts provides for evidence to be taken otherwise than orally e.g. on affidavit?
    a. Order 39
    b. Order 40
    c. Order 10
    d. Order 38

Answer 12

a. Order 39

Question 13

13. After a civil case has been determined by the courts costs normally:
    a. Follow the event and the winning party pays the losing party’s costs
    b. Follow the event and the losing party pays the winning party’s costs
    c. Each side will bear its own costs
    d. Are borne in proportion to the respective parties liability

Answer 13

b. Follow the event and the losing party pays the winning party’s costs

Question 14

14. A submission for non suit may be made by the Defendant at:
    a. At anytime during the Plaintiff’s case
    b. At the interlocutory stage
    c. Only if the Plaintiff has failed to make out a prima facie case
    d. The conclusion of the case for the Plaintiff

Answer 14

d. The conclusion of the case for the Plaintiff

Question 15

15. The Eire Continental Trading Company Ltd v Clonmel Foods Ltd set out which of the following criteria to be considered by the court when deciding whether to grant an extension of time in which an appeal may be brought?
    a. Whether there is a fair question to be tried followed by an examination of the balance of convenience
    b. Whether there is a good prima facie case
    c. Whether there was bona fide intention to appeal formed within the permitted time, the existence of something like mistake, that an arguable ground of appeal exists, and all the other circumstances of the case.
    d. Whether there is point of law of exceptional public importance to be tried and the existence of a mistake as to procedure.

Answer 15

c. Whether there was bona fide intention to appeal formed within the permitted time, the existence of something like mistake, that an arguable ground of appeal exists, and all the other circumstances of the case.