MCQ

Question 1

Lisa is a plaintiff who filed a case in court against a big company for a breach of contract. The judge handling the case has to ensure that it is dealt with justly and at proportionate cost, having regard to the principles contained in the Act.

Question: What is the objective of the Rules in the scenario given above?

A) To ensure that P’s interests and position are properly considered.
B) To allot an appropriate share of the court’s resources to the case.
C) To save expense.
D) To enable the court to deal with the case justly and at proportionate cost, having regard to the principles contained in the Act.

Answer 1

Answer: D) To enable the court to deal with the case justly and at proportionate cost, having regard to the principles contained in the Act.

Question 2

Question: When will the court seek to give effect to the overriding objective?
A) When the court interprets any rule or practice direction.
B) When the court deals with the case in ways which are proportionate to the nature, importance, and complexity of the issues.
C) When the court ensures that the parties are on an equal footing.
D) Both A and B.

Answer 2

Answer: D) Both A and B.

Question 3

Question: What does dealing with a case justly and at proportionate cost include?

A) Ensuring that it is dealt with expeditiously and fairly.
B) Ensuring that the parties are on an equal footing.
C) Dealing with the case in ways which are proportionate to the nature, importance, and complexity of the issues.
D) All of the above.

Answer 3

Answer: D) All of the above.

Question 4

Which of the following statements is true about Alternative Dispute Resolution (ADR) in the context of the civil justice system in England and Wales?

A) ADR is not currently mandatory in any type of civil claim.
B) ADR is only promoted in certain types of civil claims, such as personal injury claims and construction disputes.
C) ADR is promoted in all types of civil claims through the Civil Procedure Rules and pre-action protocols.
D) ADR is only encouraged in cases where there is a low chance of success in court.

Answer 4

Answer: C) ADR is promoted in all types of civil claims through the Civil Procedure Rules and pre-action protocols.

Question 5

Scenario: A company is facing a lawsuit from a former employee who claims they were wrongfully terminated. The company wants to explore alternative dispute resolution (ADR) to avoid the expense and uncertainty of a trial.

Question: Why might a company choose to explore ADR in a situation like this?

A. To delay the legal proceedings and avoid paying damages to the former employee.
B. To save time and money compared to the cost of a trial, while still achieving a resolution to the dispute.
C. To set a precedent for future cases involving wrongful termination.
D. To demonstrate a willingness to engage in ADR for public relations purposes.

Answer 5

Answer: B. To save time and money compared to the cost of a trial, while still achieving a resolution to the dispute.

Question 6

Question 1: What is the general rule for disclosure of Part 36 offers?
A) The trial judge must be informed of any Part 36 offers as soon as they are made
B) The fact that a Part 36 offer has been made and the terms of such offer must not be communicated to the trial judge until the case has been decided
C) The offeree must be informed of any Part 36 offers as soon as they are made
D) Part 36 offers are not admissible in evidence

Answer 6

Answer: B

Question 7

Question 2: What are the exceptions to the general rule for disclosure of Part 36 offers?
A) Where the defence of tender before claim has been raised
B) Where the proceedings have been stayed under rule 36.14 following acceptance of a Part 36 offer
C) Where the offeror and the offeree agree in writing that it should not apply
D) All of the above

Answer 7

Answer: D

Question 8

Question 3: What is the definition of a trial judge for the purposes of Part 36 offers?
A) The judge allocated in advance to conduct the trial
B) The judge who makes the final decision in the case
C) Any judge who hears evidence in the case
D) The judge who conducts the case management hearings

Answer 8

Answer: A

Question 9

Question 4: How does Part 36 apply to split trials?
A) Part 36 offers cannot be made in split trials
B) Part 36 offers can only be made after all issues in the case have been decided
C) Part 36 offers can be made in relation to preliminary issues that have already been tried
D) Part 36 offers cannot be made until the entire case has been decided

Answer 9

Answer: C

Question 10

Question 5: What is the consequence of breaching the restriction on disclosure of Part 36 offers?
A) The judge must recuse himself from the case
B) The case must be adjourned until the breach is remedied
C) The judge has the discretion whether to continue hearing the trial or to recuse himself
D) The offending party is in contempt of court

Answer 10

Answer: C

Question 11

Question 1: What is the court’s general rule regarding costs in civil proceedings?
A) The successful party will always be awarded costs.
B) The unsuccessful party will always be ordered to pay the costs of the successful party.
C) Each party will be responsible for their own costs.
D) The court has discretion as to whether costs are payable by one party to another.

Answer 11

Best Answer: D) The court has discretion as to whether costs are payable by one party to another.

Question 12

Question 2: What factors will the court consider when making an order regarding costs?
A) The conduct of all parties, whether a party has succeeded on part of its case, and any admissible offer to settle made by a party.
B) The severity of the injuries sustained by the plaintiff, the length of the trial, and the amount of damages awarded.
C) The reputation of the plaintiff’s lawyer, the defendant’s financial situation, and the judge’s personal opinion.
D) The location of the trial, the number of witnesses called, and the number of legal arguments made.

Answer 12

Best Answer: A) The conduct of all parties, whether a party has succeeded on part of its case, and any admissible offer to settle made by a party.

Question 13

Question 3: In what circumstances might the court deviate from the general rule that the unsuccessful party will be ordered to pay the costs of the successful party?
A) If the unsuccessful party is unable to pay the costs.
B) If the successful party has acted unreasonably during the proceedings.
C) If the successful party’s costs are deemed excessive by the court.
D) Both B and C.

Answer 13

Best Answer: D) Both B and C.

Question 14

Question 4: What orders can the court make regarding costs in civil proceedings?
A) An order that a party must pay a proportion of another party’s costs.
B) An order that a party must pay a stated amount in respect of another party’s costs.
C) An order that a party must pay costs from or until a certain date only.
D) All of the above.

Answer 14

Best Answer: D) All of the above.

Question 15

Question 5: If the court orders a party to pay costs subject to detailed assessment, what additional order might it make?
A) An order that the party must pay a reasonable sum on account of costs.
B) An order that the party must pay interest on costs from or until a certain date.
C) An order that the party must pay a proportion of the other party’s costs.
D) An order that the party must pay costs incurred before the proceedings began.

Answer 15

Best Answer: A) An order that the party must pay a reasonable sum on account of costs.

Question 16

The tenants who brought the claim against their landlord for failing to make necessary repairs have repeatedly tried to get the landlord to comply with an injunction ordering the repairs to be made, but the landlord has ignored the order. Frustrated by the lack of action, the tenants request a default judgment in their favor, asking the court to compel the landlord to make the repairs themselves, or to appoint a third party to do so.

Answer 16

Should a claimant apply for, rather than request, default judgment? 4 questions

Question 17

In a claim where the claimant is seeking costs that aren’t fixed costs:
The company bringing the claim against the former employee for breach of a non-compete clause has provided extensive evidence to support its case, including detailed financial analyses and testimony from multiple witnesses. Despite numerous opportunities to respond to the evidence and the court’s directions, the former employee has failed to engage in the legal process, leading the company to request a default judgment in its favor, including an award of significant costs.

Answer 17

Should a claimant apply for, rather than request, default judgment? 4 questions

Question 18

In a claim against a child or protected party:
The car accident victim who brought the claim against the child driver or protected party, who was represented by a guardian, has made repeated attempts to reach a settlement with the guardian, but the guardian has not responded or engaged in the legal process. After numerous unsuccessful attempts to contact the guardian, the victim requests a default judgment in their favor, asking the court to award compensation for their injuries and damages caused by the accident.

Answer 18

Should a claimant apply for, rather than request, default judgment? 4 questions

Question 19

John files a lawsuit against a debtor for unpaid debts of £5,000. The court has ruled in favor of John and ordered the debtor to pay him the full amount. What is the interest rate and period that should be applied to the unpaid debts?

a) The debtor is not required to pay any interest.
b) The court will alw

Answer 19

Answer: c) The debtor is liable to pay the principal amount plus simple interest as determined by the court, in accordance with section 35A(3) of the Senior Courts Act 1981 or section 69(3) of the County Courts Act 1984.

Question 20

Mary suffered from a personal injury in a car accident and has filed a claim for damages of £300,000. The court has ruled in favor of Mary and ordered the defendant to pay her the full amount. What is the interest rate and period that should be applied to the damages awarded to Mary?

a) The court will always apply the Judgments Act 1838 rate of 8%.
b) The

Answer 20

Answer: c) The court has the discretion to determine the rate and period of interest under section 35A of the Senior Courts Act 1981 or section 69 of the County Courts Act 1984, based on the circumstances of the case.

Question 21

George has won a lawsuit against his former employer for wrongful termination. The court has awarded him a compensation of £50,000. What is the interest rate and period that should be applied to the compensation awarded to George?

a) The court will always apply the Judgments Act 1838 rate of 8%.
b) The

Answer 21

Answer: c) The court has the discretion to determine the rate and period of interest under section 35A of the Senior Courts Act 1981 or section 69 of the County Courts Act 1984, based on the circumstances of the case.