Trial Flashcards
(11 cards)
During a civil trial, how should a solicitor refer to a judge and opposing counsel?
A. Refer to the judge as “you” and the opposing solicitor by their first name
B. Use “Your Honour” for the judge and “the opposing party” for the other side
C. Say “Your Honour” for the judge and “my opponent” for the other side
D. Say “Your Honour” for the judge and “my friend” for the opposing solicitor
D. Say “Your Honour” for the judge and “my friend” for the opposing solicitor
Explanation: Judges should be addressed respectfully as “Your Honour,” and solicitors refer to each other as “my friend” in court. Barristers would use “my learned friend.”
Which of the following is a permissible question during re-examination?
A. “Why did you not notify the buyer of the delay?”
B. “You failed to notify the buyer, didn’t you?”
C. “You breached the agreement, correct?”
D. “You admitted that the report was wrong, didn’t you?”
A. “Why did you not notify the buyer of the delay?”
Explanation: Re-examination must use non-leading questions. Option A is open-ended and non-suggestive, making it appropriate.
You are instructed to draft a final order after trial. What is the time limit to file it at court if the court directed you to draw it up?
A. 3 days
B. 14 days
C. 7 days
D. 21 days
C. 7 days
Explanation: Under CPR 40.3, the responsible party must file the draft order within 7 days of becoming responsible for drawing it up.
A defendant is ordered to pay £20,000 in damages. How long do they have to comply before enforcement can begin?
A. 10 days
B. 14 days
C. 28 days
D. Immediately
B. 14 days
Explanation: CPR 40.11 provides that unless the court specifies otherwise, there is a 14-day time limit to comply with a monetary judgment.
A judgment debtor under the Debt Respite Scheme has been granted a 60-day breathing space. What action is the judgment creditor not permitted to take during this period?
A. Contact the debtor with payment reminders
B. Charge post-judgment interest
C. Enforce the judgment through the court
D. All of the above
D. All of the above
Explanation: Under the 2020 Regulations, creditors must pause enforcement, freeze interest, and avoid debtor contact unless court permission is granted.
When does a judgment or final order take legal effect?
A. Upon service
B. On the date it is given or made
C. After 14 days
D. Once sealed by the court
B. On the date it is given or made
Explanation: CPR 40.7 states that a judgment or order takes effect when given or made, not when served or sealed.
What is the correct sequence for witness evidence during trial?
A. Cross-examination, evidence-in-chief, re-examination
B. Evidence-in-chief, re-examination, cross-examination
C. Evidence-in-chief, cross-examination, re-examination
D. Opening speech, re-examination, cross-examination
C. Evidence-in-chief, cross-examination, re-examination
Explanation: Witnesses give evidence-in-chief (via statement), then are cross-examined, followed by re-examination on cross matters.
If a party fails to admit a fact in a notice to admit and the court later finds the fact to be true, what may occur?
A. The case is retried
B. The notice is invalid
C. The admitting party is automatically sanctioned
D. The non-admitting party may face cost penalties
D. The non-admitting party may face cost penalties
Explanation: Under CPR 32.18, refusal to admit facts without good reason may lead to adverse cost consequences.
Which of the following is true regarding disposal hearings in civil litigation?
A. They are used when costs issues arise before the trial
B. They are a type of pre-trial review to narrow legal issues
C. They occur when a split trial is ordered, to determine liability after damages
D. They occur when a split trial is ordered, to determine quantum after liability is decided
D
They occur when a split trial is ordered, to determine quantum after liability is decided. A disposal hearing is held to assess the amount of damages payable after a court has already ruled on liability, typically in cases where liability and quantum are best dealt with separately.
You are the solicitor for a defendant who receives a sealed order drawn up by the claimant. The order was made after trial, but the claimant took 10 days to file the draft. What is the effect on enforcement?
A. The order is invalid and cannot be enforced unless redrafted within 7 days
B. The order is still valid; it takes effect from the date it was served
C. The order is effective from the date the trial judgment was given
D. The order is void because only the court may draw up a final judgment order
C
The order is effective from the date the trial judgment was given. Under CPR 40.7, a judgment or order takes effect from the date it is given or made, not from the date it is drawn up or served. Delays in drawing up the order do not change when it takes effect.
Which of the following statements about judgments and orders is incorrect?
A. Judgments usually accrue interest from the date they are given
B. The usual time to comply with an order for payment is 14 days unless the court specifies otherwise
C. A party drawing up an order must file it within 7 days of becoming responsible
D. A consent order must always be drawn up by the court
D
A consent order must always be drawn up by the court is incorrect. Consent orders are typically drawn up by the parties themselves and submitted to the court for approval. The court only draws up the order if specifically ordered to do so or if the parties fail to file it on time.
