WR CONVEY

Question 1

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

Answer 1

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.

Question 2

Which of the following is NOT and estate in land?
a. Fee sample
b. Trust
c. Fee farm grant
d. Fee tail

Answer 2

b. Trust

Question 3

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

Answer 3

d. To A and his descendants

Question 4

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)

Answer 4

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

Question 5

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

Answer 5

a. A condition directs the grantee to marry

Question 6

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

Answer 6

d. All of the above

Question 7

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

Answer 7

d. To A & his heirs apparent

Question 8

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)

Answer 8

b. A life estate is created by using the words “To A and his heirs”

Question 9

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.

Answer 9

c. The type of fee farm grant created under Deasy’s Act is now obsolete

Question 10

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

Answer 10

d. All of the above

Question 11

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

Answer 11

d. All of the above

Question 12

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

Answer 12

c. Final notice

Question 13

The only one of the four unities which applies to a tenancy is the unity of?
a. possession
b. Interest
c. Title
d. Time

Answer 13

a. Possession

Question 14

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

Answer 14

b. A joint tenancy is not forfeited even when one joint tenant is guilty of the unlawful killing of the other

Question 15

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

Answer 15

d. All of the above

Question 16

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

Answer 16

b. Contract be one joint tenant with a third party

Question 17

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

Answer 17

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

Question 18

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

Answer 18

a. A judgement mortgage

Question 19

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

Answer 19

d. All of the above

Question 20

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

Answer 20

d. 6 years

Question 21

Civil MCQ’s Doc 2 Q’s

1. 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

Answer 21

iv) all of the above

Question 22

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

Answer 22

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

Question 23

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

Answer 23

iv) communication between a client and a third party relating to a dispute that the third party is having with his neighbours

Question 24

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

Answer 24

i) the document sought to be disclosed contains confidential legal advice, which was made in the course of A’s relationship with C

Question 25

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

Answer 25

iv) none of the above

Question 26

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

Answer 26

iii) communications between a lawyer and a clients agent ( who is authorised by the client to accept legal advice on their behalf)

Question 27

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

Answer 27

iii) communications between A and a retired barrister is covered under the Legal Advice Privilege

Question 28

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

Answer 28

ii) Smurfit ParibasBank Ltd b AAB Export Finance Ltd (1990) ILRM 489

Question 29

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

Answer 29

iv) Gallagher v Stanley & National Maternity Hospital (1998) 2 IR 276

Question 30

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

Answer 30

iv) all of the above

Question 31

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

Answer 31

iii) it must be made in preparation of litigation

Question 32

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

Answer 32

ii) it will be protected by privilege as long as there is some indication that it was prepared in contemplation of litigation

Question 33

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

Answer 33

ii) It is the motive of the person who instigated the making of the document which is determiniative

Question 34

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

Answer 34

ii) documents that were intended by A to be given to the other side (B) but then A changed his mind

Question 35

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

Answer 35

ii) disclosure of expert witness reports

Question 36

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

Answer 36

iv) (i) above but it is arguable that (ii) above is the correct test to apply

Question 37

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

Answer 37

iv) Where the solicitor gives legal advice to the client which is a furtherance of a crime or fraud

Question 38

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

Answer 38

i) Right of the court in a probate case to know that all the witness knows about a contested will i

Question 39

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

Answer 39

iv) None of the above since the matter is unclear in Ireland

Question 40

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

Answer 40

iii) B should withdraw Y from the Schedule. Neither A nor B are permitted to rely on Y's evidence in Court

Question 41

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

Answer 41

iii) Where the other side hasn't made sufficient discovery

Question 42

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

Answer 42

i) Costs

Question 43

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

Answer 43

iv) Seek an Order from the Master ordering discovery

Question 44

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

Answer 44

iv) 14 days from the date of perfection of the Master's Order

Question 45

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

Answer 45

i) Where the court is satisfied that the defendant is avoiding discovery

Question 46

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

Answer 46

ii) Where the documents were found to be irrelevant to the matters of the proceedings

Question 47

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

Answer 47

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

Question 48

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

Answer 48

iv) Order 31, rule 29

Question 49

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

Answer 49

ii) Discovery under this provision will only be granted where there is no other realistic alternative available

Question 50

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

Answer 50

iii) Only sparingly where there is clear evidence of some wrongdoing

Question 51

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

Answer 51

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

Question 52

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

Answer 52

ii) Where discovery is necessary for the fair disposal of the Judicial Review action

Question 53

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

Answer 53

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

Question 54

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

Answer 54

iii) A client and a third party who has a common interest with the client as regards the subject matter of the privileged document

Question 55

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

Answer 55

iii) Where the document is disclosed to a third party with a common interest

Question 56

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

Answer 56

iii) It is a substantive right which has been characterised as fundamental to a fair trial under Article 6 & 8 of the ECHR, or

Question 57

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

Answer 57

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

Question 58

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

Answer 58

iv) All of the above, although (iii) is not definitive

Question 59

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

Answer 59

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

Question 60

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

Answer 60

ii) Where they relate to previous litigation with the same subject matter as between the same or between different parties

Question 61

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

Answer 61

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

Question 62

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

Answer 62

i) Government confidentiality

Question 63

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

Answer 63

iv) The Law Society

Question 64

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

Answer 64

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

Question 65

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

Answer 65

iii) It applies to all publications and/or utterances first made within the Dail or the Seanad

Question 66

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

Answer 66

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

Question 67

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

Answer 67

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

Question 68

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

Answer 68

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

Question 69

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

Answer 69

i) Where disclosure would prove an accused's innocence

Question 70

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

Answer 70

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

Question 71

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

Answer 71

ii) Where the life of the informant is in danger

Question 72

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

Answer 72

iv) All of the above

Question 73

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

Answer 73

iii) Counsellor and patient relationship

Question 74

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

Answer 74

v) n Part !1 of the First Schedule of the Affadavit of Discovery

Question 75

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

Answer 75

iii) It is necessary to list the documents individually and to identify the privilege claimed over each of the documents

Question 76

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

Answer 76

i) Should bring an application based on a Notice of Motion and Grounding Affidavit to have the matter determined

Question 77

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

Answer 77

iv) Both (ii) and (iii) above

Question 78

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

Answer 78

iii) Where it is necessary for the fair disposal of the case

Question 79

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

Answer 79

iv) All of the above

Question 80

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

Answer 80

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

Question 81

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

Answer 81

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

Question 82

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

Answer 82

iii) Generally yes, bot only in exceptional circumstances

Question 83

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

Answer 83

i) Order 31, rule 12

Question 84

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

Answer 84

iv) All of the above

Question 85

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.

Answer 85

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

Question 86

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

Answer 86

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

Question 87

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

Answer 87

iv) Both (i) and (iii) above

Question 88

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

Answer 88

iii) (i) and (ii) above as well as having regard to the issues of the case as stated in the pleadings

Question 89

What does not amount to a document in relation to discovery? i) Computer database ii) Microfiche iii) Photographs iv) Newspapers

Answer 89

iv) Newspapers

Question 90

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

Answer 90

iii) The affidavit of discovery

Question 91

How is discovery made? i) In a letter ii) In an affidavit iii) At the hearing iv) Over the phone

Answer 91

ii) In an affidavit

Question 92

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

Answer 92

Order 19

Question 93

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

Answer 93

f) All but d

Question 94

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

Answer 94

d) (a) and (c)

Question 95

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

Answer 95

a) Summary Summons

Question 96

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

Answer 96

b) Personal Injury Summons

Question 97

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

Answer 97

a) Order 37

Question 98

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)

Answer 98

b) Special Summons

Question 99

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

Answer 99

c) That the matter was initiated in 2005 by Special Summons

Question 100

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

Answer 100

d) None of the above

Question 101

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

Answer 101

c) Companies Acts - Application to restrict/disqualify directors

Question 102

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

Answer 102

d) All of the above

Question 103

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

Answer 103

d) The clock stops for both upon issue

Question 104

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

Answer 104

a) Order 9

Question 105

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

Answer 105

a) Where the defendant is within the jurisdiction and due and reasonable diligence has been exercised to effect personal service

Question 106

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)

Answer 106

Service by postage to the registered office of the company

Question 107

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

Answer 107

d) Order 121

Question 108

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

Answer 108

d) All of the above

Question 109

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)

Answer 109

d) (a) and (b)

Question 110

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)

Answer 110

d) (a) and (c)

Question 111

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

Answer 111

c) 35 days - 5 weeks

Question 112

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

Answer 112

a) Both by registered post, the place of business of the sole trader and the registered office of the company

Question 113

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

Answer 113

b) File an application in the Circuit Court Office, get date for hearing and apply to the county registrar

Question 114

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)

Answer 114

d) (c) and (b)

Question 115

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

Answer 115

c) At least 21 days prior to the sitting of the court to which the summons is returnable

Question 116

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

Answer 116

b) A party is not entitled to know the broad outline of what is going to be said by hos opponent at trial

Question 117

How does a successful motion for particulars ordering the plaintiff to provide particulars to the defendant, after a statement of claim has been served upon the defendant, effect the time limit within which the defendant has to deliver his defence? a) The defence must be delivered within 28 days of the receipt of the statement of claim regardless of any motion for particulars b) The period between service of the notice of motion for a reply to particulars and the order being made by the court, ins't included in the 28 days c) Once the order to supply particulars is made, the 28 day period starts afresh d) The period between service of the notice of motion and the date the order for particulars is complied with aren't included in the 28 days

Answer 117

d) The period between service of the notice of motion and the date the order for particulars is complied with aren't included in the 28 days

Question 118

In order to successful motion a party for particulars, the moving party mus show in the affidavit that: a) They have sought voluntarily the particulars b) The motioned party has the documents in question c) There is no other way that the moving party can establish the particulars in question d) The particulars are relevant and necessary

Answer 118

a) They have sought voluntarily the particulars

Question 119

Under what order and rule is an order for particulars sought in the High Court a) Order 19 r7 b) Order 16 r2 c) Order 20 r3 d) Order 17 r4

Answer 119

a) Order 19 r7

Question 120

Under what order and rule is an order for particulars sought in the Circuit Court? a) Order 19 r7 b) Order 16 r2 c) Order 20 r3 d) Order 17 r4

Answer 120

d) Order 17 r4

Question 121

What orders of the RSC govern judgement in default of appearance? a) 14 and 14a b) 15 and 16 c) 17 and 18 d) 13 and 13a

Answer 121

a) 14 and 14a

Question 122

Under Order 13 of the RSC how long does a defendant have to enter an appearance for a plenary of summary summons? a) 7 days b) 8 days c) 10 days d) 14 days

Answer 122

b) 8 days

Question 123

Which of the following is true in relation to judgements of appearance for liquidated and unliquidated sums a) An application for judgement in default of appearance for a liquidated sum can be made exparte, whereas an application for an unliquidated sum cannot be. b) An application for judgement in default of appearance of a liquidated sum may be granted in the central office of the high court without having to apply to the high court, but for an application of judgement in default of appearance of an unliquidated sum, the application must be brought before a judge of the high court c) There is no difference d) An application of judgement in default of appearance of a liquidated sum must be brought before before the master, but for an application for judgement in default of appearance of an unliquidated sum, the application must be brought before a judge of the high court

Answer 123

b) An application for judgement in default of appearance of a liquidated sum may be granted in the central office of the high court without having to apply to the high court, but for an application of judgement in default of appearance of an unliquidated sum, the application must be brought before a judge of the high court

Question 124

In what circumstances must the leave of a master be sought when seeking judgement in default of appearance for a liquidated sum? a) Proceedings by money lenders b) Proceedings on foot of a Hire Purchase agreement c) The Master or Judge must make an order in every case where judgement in default of appearance is sought for a liquidated sum d) Both (a) and (d)

Answer 124

d) Both (a) and (d)

Question 125

What must a plaintiff do in order to secure judgement in default of appearance for an unliquidated sum ( on foot of a plenary summons) a) Give 4 days clear notice of motion to the defendant b) Serve the defendant personally giving 4 clear days notice of motion c) Just serve the notice of motion d) Serve the defendant personally giving 8 clear days notice of motion

Answer 125

b) Serve the defendant personally giving 4 clear days notice of motion

Question 126

What are motions against parties without solicitors on record known as? a) Defaulters motions b) Motions for the sitting of the court c) Early listed motions d) Ordinary common law lotions

Answer 126

b) Motions for the sitting of the court

Question 127

What are the possible outcomes of a judgement in default of defence motions? a) Granting of order on foot of motion b) Extension of time for entry c) Awarding of cost to the plaintiff d) All of the above

Answer 127

d) All of the above

Question 128

How long does the defendant have to draft a defence of an action commenced by an ordinary plenary summons? a) 21 days from the delivery of the statement of claim b) 28 days from the delivery of the statement of claim c) 21 days from the delivery of the plenary summons d) 28 days from the delivery of the statement of plenary summons

Answer 128

a) 21 days from the delivery of the statement of claim

Question 129

What order of the RSC governs judgement in default of defence? a) Order 27 b) Order 33 c) Order 47 d) Order 29

Answer 129

a) Order 27

Question 130

John finally serves Ian with a statement of claim and 28 days has elapsed, since then all there has been is a deafening wall of silence. What is the next step John should take to move the process as quickly and efficiently as possible? a) Write to Ian, giving him 28 days notice of his intention to seek judgement in default of defence and consent to Ian delivering his defence in that time b) Write to Ian, giving him 21 days notice of his intention to seek judgement in default of defence and consent to Ian delivering his defence in that time c) Personally serve Ian with a notice of motion seeking an order for judgement in default of defence, giving Ian 7 clear days notice d) Personally serve Ian with a notice of motion seeking an order for judgement in default of defence, giving Ian 14 clear days notice

Answer 130

b) Write to Ian, giving him 21 days notice of his intention to seek judgement in default of defence and consent to Ian delivering his defence in that time

Question 131

CIVIL MCQ'S DOC 8 Q's If John moves as quickly and efficiently as possible against Ian,what is the shortest time lag possible between the time for the delivery of the defence expiring and John succeeding in his motion for judgement in default of defence? a) 21 days b) 14 days c) 35 days d) 42 days

Answer 131

a) 21 days

Question 132

If John follows the rule book to the letter and motions Ian for judgement in default of defence and the 6 days before the motion is listed for hearing Ian delivers the defence, what are the implications for the motion? a) The motion is struck out and Ian has to pay €750 towards the costs of the motion b) The motion is struck out and Ian has to pay the full costs of the motion c) The motion is heard, the judge will be obliged to extend time for the delivery of the defence and the cost will be awarded to John or reserved d) Either (b) or (c)

Answer 132

b) The motion is struck out and Ian has to pay the full costs of the motion

Question 133

Under what rule and order can an application be made to set aside a judgement in default of defence or dismissal for want of prosecution? a) Order 27 r9 b) Order 27 r11 c) Order 27 r14 d) Order 27 r20

Answer 133

c) Order 27 r14

Question 134

How long does one have to enter an appearance in response to being served with a civil bill? a) 7 days b) 8 days c) 10 days d) 14 days

Answer 134

c) 10 days

Question 135

In the Civil Court, if no defence has been received for a liquidated claim, what is the first step a plaintiff should take in order to get an order for judgement in default of defence? a) Apply to the circuit court office to have the judgement entered in the circuit court b) Issue a notice of motion and get it listed before the county registrar c) Send a fourteen day warning letter, consenting to late delivery of defence within that time and warning of motion if defence isn't delivered d) Send a fourteen day warning letter, consenting to late delivery of defence within that time and warning of motion if defence isn't delivered THAT WAS REPEATED ON THE FORM

Answer 135

a) Apply to the circuit court office to have the judgement entered in the circuit court

Question 136

In the Circuit Court, if no defence has been received for an unliquidated claim, what is the first step a plaintiff should take in order to get an order for judgement in default of defence? a) Apply to the circuit court office to have the judgement entered in the circuit court b) Issue a notice of motion and get it listed before the county registrar C) Send a fourteen day warning letter, consenting to late delivery of defence within that time and warning of motion if defence isn't delivered d) Send a twenty-one day warning letter, consenting to late delivery of defence within that time and warning of motion if defence isn't delivered

Answer 136

C) Send a fourteen day warning letter, consenting to late delivery of defence within that time and warning of motion if defence isn't delivered

Question 137

Under what order RCC may a defendant, against whom a judgement has been entered either in default of defence or appearance, move to have the judgement reviewed? a) No time limit b) Within 10 days of the defendant becoming aware of the judgement c) Within 10 days of the order itself d) Within 21 days of the defendant becoming aware of the judgement

Answer 137

b) Within 10 days of the defendant becoming aware of the judgement

Question 138

Under what order RCC may a defendant, against whom a judgement has been entered either in default or appearance, move to have the judgement reviewed? a) Order 10 b) Order 21 c) Order 25 d) Order 30

Answer 138

d) Order 30

Question 139

When must a defendant give notice of intention to defend a civil summons? a) On the return date of the summons b) Within 4 days the return date of the summons c) Within 7 days the return date of the summons d) Within 10 days the return date of the summons

Answer 139

b) Within 4 days the return date of the summons

Question 140

Under what order and rule of the RDC may a defendant, against whom a judgement has been entered, move to have the judgement reviewed? a) Order 16 r3 b) Order 10 r14 c) Order 45 r3 d) Order 69 r14

Answer 140

c) Order 45 r3

Question 141

Where no notice of intention to defend is served in relation to a liquidates claim, what should the plaintiff do to secure his claim? a) Bring a motion for judgement in default of notice on intention to defend b) Apply for Judgement by filing an Affadavit of Dent with the District Court Clerk

Answer 141

b) Apply for Judgement by filing an Affadavit of Dent with the District Court Clerk

Question 142

Where no notice of intention to defend is served in relation to an unliquidated claim, what happens next? a) The case is listed for hearing on the next return date b) The DJ assesses the amount of the claim and delivers a judgement

Answer 142

a) The case is listed for hearing on the next return date

Question 143

If a summons has been indorsed with the following under what order has service been planned " The courts of this jurisdiction have power under Article _ of EC Regulation 44/2001 to exercise jurisdiction to hear and determine these proceedings. No proceeding between the same parties concerning the same cause if action are pending in another member state" a) 11 b) 11a c) 11b d) 10

Answer 143

b) 11a

Question 144

What RSC applies to the service of documents under the Hague Convention? a) 11 b) 11a c) 11b d) 10

Answer 144

c) 11b

Question 145

When should an application to serve proceedings out of the jurisdiction under order 11 be made? a) As soon as the summons has been issued b) Before the summons is issued

Answer 145

b) Before the summons is issued

Question 146

When will leave to serve a " notice of summons" be granted and when will leave to serve a "summons" be granted? a) The former when the intended defendant is an Irish Citizen and the latter is not an Irish citizen b) The former when the intended defendant is not an Irish Citizen and the latter is an Irish citizen c) The former when the intended defendant is outside of the EU the latter when the intended defendant is inside the EU d) The former when the intended defendant is inside of the EU the latter when the intended defendant is outside the EU

Answer 146

b) The former when the intended defendant is not an Irish Citizen and the latter is an Irish citizen

Question 147

Where the proposed defendant id domiciled in an EU member state, what RSC is relevant? a) 11 b) 11a c) 11b d) 10

Answer 147

b) 11a

Question 148

CIVIL MCQs DOC 8 If John moves as quickly and efficiently as possible against Ian, what is the shortest time lag possible between the time for the delivery of the defence expiring and John succeeding in his motion for judgement in default of defence? a) 21 days b) 14 days c) 35 days d) 42 days

Answer 148

a) 21 days

Question 149

If John follows the rule book to the letter and motions Ian for judgement in default of defence and 6 days before the motion is listed for hearing Ian delivers the defence, what are the implication for the motion? a) The motion is struck out and Ian has to pay €750 towards the cost of the motion b) The motion is struck out and Ian has to pay the full costs of the motion c) The motion is heard, the judge will be obliged to extend time for the delivery of the defence and the cost will either be awarded to John or reserved d) Either (b) or (c)

Answer 149

b) The motion is struck out and Ian has to pay the full costs of the motion

Question 150

Under what rule and order can ab application be made to set aside a judgement in default of defence or dismissal for want of prosecution? a) Order 27 r9 b) Order 27 r11 c) Order 27 r14 d) Order 27 r20

Answer 150

c) Order 27 r14

Question 151

How long does one have to enter an appearance in response to being served with a civic bill? a) 7 days b) 8 days c) 10 days d) 14 days

Answer 151

c) 10 days

Question 152

In the Circuit Court, of no defence has been received for a liquidation claim, what is the first step a plaintiff should take in order to get an order for judgement in default of defence? a) Apply to the circuit court office to have the judgement entered in the circuit court b) Issue a notice of motion and get it listed before the county registrar c) Send a 14 day warning letter, consenting to the late delivery of defence within that time and warning of motion if defence isn't delivered d) Send a 14 day warning letter, consenting to the late delivery of defence within that time and warning of motion if defence isn't delivered

Answer 152

a) Apply to the circuit court office to have the judgement entered in the circuit court b) Issue a notice of motion and get it listed before the county registrar

Question 153

Under what order RCC may a defendant, against whom a judgement has been entered either in default or appearance, move to have the judgement reviewed? a) Order 10 b) Order 21 c) Order 25 d) Order 30

Answer 153

d) Order 30

Question 154

What is the time limit under this order for bringing a motion to review the judgement (for default of defence or appearance) a) No time limit b) Within 10 days of defendant becoming aware of the judgement c) Within 10 day of the order itself d) Within 21 days of defendant becoming aware of the judgement

Answer 154

b) Within 10 days of defendant becoming aware of the judgement

Question 155

Under what order and rule of the RDC may a defendant, against whom a judgement has been entered, move to have a judgement reviewed a) Order 16 r3# b) Order 10 r14 c) Order 45 r3 d) Order 69 r14

Answer 155

c) Order 45 r3

Question 156

Where no notice of intention to defend is served in relation to a liquidated claim, what should the plaintiff do to secure his claim? a) Bring a motion for judgement in default of notice of intention to defend b) Apply for Judgement by filing an Affidavit of Dent with the District Court Clerk

Answer 156

b) Apply for Judgement by filing an Affidavit of Dent with the District Court Clerk

Question 157

Where no notice of intention to defend is served in relation to a liquidated claim, what happens next? a) The case is listed for hearing on the next return date b) The DJ assesses the amount of the claim and delivers a judgement

Answer 157

a) The case is listed for hearing on the next return date

Question 158

If a summons has been indorsed with the following under what order has it service planned? " The courts of this jurisdiction have power under Article _ of EU Regulation 44/2001 to exercise jurisdiction to hear and determine these proceedings. No proceeding between the same parties concerning the same cause if action are pending in another member state" a) 11 b) 11a c) 11b d) 10

Answer 158

b) 11a

Question 159

What RSC applies to the service of document under the Hague Convention? a) 11 b) 11a c) 11b d) 10

Answer 159

c) 11b

Question 160

When an application to serve proceedings out of the jurisdiction under Order 11 be made? a) As soon as the summons has been issued b) Before the summons is issued

Answer 160

b) Before the summons is issued

Question 161

When will leave to serve a "notice of summons" be granted and when will leave to serve a "summons" be granted? a) The former when the intended defendant is an Irish Citizen and the latter is not an Irish citizen b) The former when the intended defendant is not an Irish Citizen and the latter is an Irish citizen c) The former when the intended defendant is outside of the EU the latter when the intended defendant is inside the EU d) The former when the intended defendant is inside of the EU the latter when the intended defendant is outside the EU

Answer 161

b) The former when the intended defendant is not an Irish Citizen and the latter is an Irish citizen

Question 162

Where the proposed defendant is domiciled in an EU member state, what RSC is relevant a) 11 b) 11a c) 11b d) 10

Answer 162

b) 11a

Question 163

CIVIL LAW DOC 9 Which of the following is not correct advice to include 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 163

d) Advice that two copies of all pleadings should be provided each paginated and provided in booklet form

Question 164

Which of the following should an advice on proofs not contain? a) A 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 164

c) Advice on the details of Counsel's intended submissions

Question 165

Which of the following is untrue? In tort proceedings a basis for deciding where a dispute will be heard of 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 165

b) the circuit in which either the Defendant or plaintiff resides

Question 166

Which of the following is not a basis for deciding the circuit a trial will be heard? a) The circuit where the parties were married b) The circuit in which a property is situated c) The circuit in which the beneficiary to a will resides d) The circuit in which the testator resided

Answer 166

c) The circuit in which the beneficiary to a will resides

Question 167

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 pleadings have closed c) 7 days after pleadings have closed d) 4 weeks after pleadings have closed

Answer 167

a) 3 weeks after pleadings have closed

Question 168

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 of prosecution if the Pliantiff does not give notice of trial a) within 8 weeks b) within 6 weeks c) within 35 days d) within 42 days

Answer 168

b) within 6 weeks

Question 169

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 26 Rule 10 b) CCR Order 38 Rule 8 c) CCR Order 32 Rule 4 d) CCR Order 33 Rule 1

Answer 169

d) CCR Order 33 Rule 1

Question 170

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 defence b) Within 21 days after delivery of defence c) Within 28 days after delivery of defence d) Within 7 days after delivery of defence

Answer 170

a) Within 10 days after delivery of defence

Question 171

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 day 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 4 days d) In the High Court 28 days notice of trial should be given and in the Circuit Court 7 days

Answer 171

d) In the High Court 28 days notice of trial should be given and in the Circuit Court 7 days

Question 172

Which of the following in relation to the settling 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 14 days

Answer 172

d) In the Circuit Court the party giving notice of trial must set down the action for trial within 14 days

Question 173

Which of teh 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 Courts a copy of the Notice of Trail b) When setting down proceedings for trial parties must provide the proper officer of the Court with 2 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 are allocate

Answer 173

d) When setting down proceedings for trial the parties should state the list number that they are allocated

Question 174

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 the date of hearing c) Once the date has been fixed both parties will 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 174

c) Once the date has been fixed both parties will be notified forthwith of the date fixed

Question 175

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 haave the 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 be writing to the other party and by giving 10 days notice apply to the High Court for a date for hearing

Answer 175

c) If only one party appears before the Court or the Registrar the case will be struck out for non attendance

Question 176

Which of the following is incorrect? a) The warning list only applies to personal injury b) The warning list applies to cases that may be put in to the Friday lsit for the purposes 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 1 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 176

c) The date given by the Court will be a date for hearing within 1 week

Question 177

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 may be disposed of prior to trial the Court can make any order as may be just bar dismissing the claim

Answer 177

d) Once a point of law may be disposed of prior to trial the Court can make any order as may be just bar dismissing the claim

Question 178

Which rule provides that it is the judge snd 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 178

b) Order 34 Rule 2

Question 179

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 179

a) Nuisance

Question 180

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 a) 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 mast be satisfies that a public hearing would fall short of doing justice, it being fundamental principle of the administration of justice be administered in public

Answer 180

a) Cases involving matrimonial matters, infancy matters, injunctions, or lunacy matters are the only instances where cases may be conducted in private

Question 181

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 181

c) A witness who refuses to swear an oath must state his reasons for doing so

Question 182

Section 28 (1) of the Childrens Act, 1997 allows a) Children under 16 to give evidence otherwise than bu 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 of truth and falsity

Answer 182

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 183

CIVIL MCQ's DOC 10 Section 18 (£) of the Childrens Act 1997 provided 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 be oath c) Persons with a mental disability may give evidence unsworn d) Persons with a proven mental disability mus give unsworn evidence

Answer 183

c) Persons with a mental disability may give evidence unsworn

Question 184

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 personal post c) Service mast be affected not less that 7 days before the witness is requires in court d) A person failing to attend will beguilty of contempt

Answer 184

b) Service can be affected personally or by personal post

Question 185

Which of the following in relation to witness summons is incorrect? a) A subpoena Ad Testicandum directs a party to attend court to give oral testimony b) A subpoena duces tecum directs the party to attend court to give oral testimony 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 185

c) The purpose of a subpoena duces tecum is to obtain disclosure that may lead to the obtaining of evidence after further enquiries

Question 186

Order 30 Rule 1 provides that a) A judge can order that a witness can given evidence by affidavit b) A judge can order that a witness can given evidence by deposition c) A judge can order that a witness can given evidence by TV link d) A judge can order that a witness can give unsworn evidence

Answer 186

a) A judge can order that a witness can given evidence by affidavit

Question 187

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 187

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

Question 188

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 indicates a provision for costs c) When filed a judgement is deemed to have been duly entered d) Judgement will be dated as of thee date it was filed

Answer 188

d) Judgement will be dated as of thee date it was filed

Question 189

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 Ltd. serve Ltd as follows: In the case of a jury trail 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 189

a) The Plaintiff has made out a prima facie case

Question 190

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 190

c) The Court must adjourn a trial upon the application of either party

Question 191

Which of the following in relation to non appearance is incorrect? a) When a trial 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 doe not appear the Defendant is entitled to judgement 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 6 days of the Order being made

Answer 191

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 192

CIVIL MCQ DOC 11 As a general rule, when does time start to run for the purposes of limitations? a) on the accrual of the cause of action b) On the date when the plaintiff first contact their Solicitor c) On the Palintiffs birthday d) non of the aoove

Answer 192

a) on the accrual of the cause of action

Question 193

Section 48 (1) of the Statute of Limitaions Act lists the categories of persons who are, for the purposes of the Act, under a disability. Which of the answers below are not included in this section? a) Infants b) convicts ( with no administrator or curator appointed) c) Persons of unsound mind d) Persons of limited means

Answer 193

d) Persons of limited means

Question 194

What is the general limitation period in Personal Injury actions? a) 1 year b) 2 years c) 3 years d) 4 years

Answer 194

b) 2 years

Question 195

A 6 year limitation period applies in which case a) Contract b) Tort (excluding PI) c) Both (a) and (b) above d) None of the above

Answer 195

c) Both (a) and (b) above

Question 196

What Section and what Act sets out the limitations period for Defamation claims? a) s. 38 of the Defamation Act 2009 b) s.11 of the Statute of Limitations Act 1957 c) s.36 of the Defamation Act 2009 d) s.36 of the Statute of Limitations Act 1957

Answer 196

a) s. 38 of the Defamation Act 2009

Question 197

Section 48 of the Civil Liability Act 1061 relates to which type of injury? a) Progressive injuries b) Serious injuries c) Fatal injuries d) both (a) and (c) above

Answer 197

c) Fatal injuries

Question 198

Limitations periods may be prevented from running a) Where the conduct of the Plaintiff is sufficiently unfair b) Where the conduct of the Defendant is sufficiently unconscionable c) Where the conduct of a third party is sufficiently persuasive d) None of the abouve

Answer 198

b) Where the conduct of the Defendant is sufficiently unconscionable

Question 199

Where a claim is made against the State the proper Defendants are a) The Government and the AG b) The Executive and the AG c) Ireland and the AG d) Ireland and the Government

Answer 199

c) Ireland and the AG

Question 200

The correct Order to look to when seeking to serve notice on the AG where the interpretation of the Constitution becomes an issue? a) Order 60, Rule 2 RSC b) Order 60, Rule 3 RSC c) Order 60, Rule 4 RSC d) Order 60, Rule 5 RSC

Answer 200

a) Order 60, Rule 2 RSC

Question 201

In the Circuit Court, no representation action may be taken where the action is founded in a) Contract b) Defamation c) Tort d) Land

Answer 201

c) Tort

Question 202

The phrase "costs follow the event" derive from? a) Order 99 Rule 1 RSC b) Order 99 Rule 2 RSC c) Order 99 Rule 3 RSC d) Order 99 Rule 4 RSC

Answer 202

a) Order 99 Rule 1 RSC

Question 203

Representative actions are covered under? a) Order 6 Rule 8 CCR b) Order 6 Rule 10 CCR c) Order 16 Rule 9 CCR d) Order 15 Rule 11 CCR

Answer 203

b) Order 6 Rule 10 CCR

Question 204

Civil Legal Aid is most commonly afforded in? a) Contract Law b) Tort Law c) Family Law d) none of the above

Answer 204

c) Family Law

Question 205

What Orders of the HC and CC govern lodgements? a) Order 21 and Order 13 respectively b) Order 22 and Order 15 respectively c) Order 21 and Order 15 respectively d) Order 22 and Order 13 respectively

Answer 205

b) Order 22 and Order 15 respectively

Question 206

The lodgement procedure provides a mechanism for Defendants who have? a) no defence b) a weak defence c) a partial defence d) all of the above

Answer 206

d) all of the above

Question 207

If a Plaintiff accepts a lodgement a) The matter is put back until the court verifys that this lodgement is inthe correct amount b0 The ,matter is listed for hearing anyway c) The matter is at an end d) None of the above

Answer 207

c) The matter is at an end

Question 208

At the substantive hearing where the Plaintiff is subsequently awarded the same amount as the previously offered lodgement, then he is liable to pay a) Costs from the beginning of the claim b) 50% of the costs c) Costs from the date that the lodgement was made but at the discretion of the Judge d) Costs from the date that the lodgement was made

Answer 208

d) Costs from the date that the lodgement was made

Question 209

1(1) of the Courts Act 1988 includes? a) actions emerging from the Air Navigation and Transport Act 1936 b) Action for debt collection c) None of the above, (a) and (b) d) All of the above, (a) and (b)

Answer 209

a) actions emerging from the Air Navigation and Transport Act 1936

Question 210

If a Plaintiff decides to accept a lodgement, a notice of acceptance of lodgement must be filed within? a) 14 days b) 21 days c) 28 days d) 2 months

Answer 210

a) 14 days

Question 211

To provide for the making of an offer of tender of payment in lieu of lodgement in Court, SI 328/2000 inserted.......into RSC a) Order 22, Rule 16 b) Order 22, Rule 14 c) Order 21, Rule 16 d) Order 21, Rule 12

Answer 211

b) Order 22, Rule 14

Question 212

CIVIL MCQ's DOC 12 A 2Calderbank" letter will read a) "without prejudice save as to costs" b) "without prejudice" c) "with prejudice" d) none of the above

Answer 212

a) "without prejudice save as to costs"

Question 213

If a Plaintiff refuses the settlement as set out in a "Calderbank letter" they will be liable at trial for? a) Costs of the entire proceedings b) Costs since the date of the letter c) 50% of the costs d) Costs since the date of the letter at the Judge's discretion

Answer 213

d) Costs since the date of the letter at the Judge's discretion

Question 214

Which of the listed documents is not an example of an originating summons? a) Plenary summons b) Summary summons c) Special summons d) None of the above

Answer 214

d) None of the above

Question 215

The Specific Procedure for the commencement of Summary Proceedings is laid out in ------------ of the RSC a) Order 36 b) Order 37 c) Order 38 d) Order 39

Answer 215

b) Order 37

Question 216

Order 3 of the RSC specifies the procedure for commencement by a a) Personal Injury Summons b) Plenary Summons c) Special Summons d) None of the above

Answer 216

c) Special Summons

Question 217

A special indorsement of claim is included in a) Personal Injury Summons b) Plenary Summons c) Special Summons d) Both (b) and (c) above

Answer 217

d) Both (b) and (c) above

Question 218

Service must be affected within ________ of the issue of summons? a) 6 months b) 9 months c) 12 months d) 18 months

Answer 218

c) 12 months

Question 219

Order 20, Rule 2 of the RSC provides that the Plaintiff may deliver his statement of claim together with the Plenary Summon or at any time within __________days of from the date of service of the summon? a) 14 days b) 21 days c) 28 days d) 2 months

Answer 219

b) 21 days

Question 220

Which of the following actions may be dealt with by petition rather than summons? a) application to wind up a company b) appointment of an examiner to a company c) applications in relation to parliamentary elections d) all of the above

Answer 220

d) all of the above

Question 221

Proceedings in the High Court may be commenced by way of a) originating summons b) petitions c) Motion of advice d) All of the above

Answer 221

d) All of the above

Question 222

In Circuit Court Proceedings, time stops running, in terms of the Statute of Limitations, from the date in which? a) The civil bill is served on the Defendant b) The civil bill has been issued in the Circuit Court Office c) The matter is set down for hearing d) The Defence is served on the Plaintiff

Answer 222

b) The civil bill has been issued in the Circuit Court Office

Question 223

Proceedings in the District Court are initiated by way of a ? a) Civil Bill b) Summary Summons c) Civil Summons d) Notice of Appearance

Answer 223

c) Civil Summons

Question 224

The procedure for initiating personal injuries actions in each of the courts has been changed by a) The Personal Injuries Assessment Board Act 2003 b) The Personal Injuries Assessment Board Act 2004 c) The Civil Liability and Courts Act 2003 d) None of the above

Answer 224

a) The Personal Injuries Assessment Board Act 2003

Question 225

CIVIL MCQ's DOC 13 Which of the following is not an essential feature of an easement? a) There must be a dominant tenement and a servient tenement, and the right must accommodate the dominant tenement and be a burden to the servient tenement? a) The dominant and servient tenements must not be owned and occupied by the same person c) The right must be capable of being the subject matter of a grant d) All of the above

Answer 225

d) All of the above

Question 226

In general, a court is unlikely to recognise a particular right as an easement if the exercise of the right involves a) Expenditure by the servient owner b) If it is purely restrictive or negative in nature c) If the exercise of the right is contrary to public policy d) All of the above

Answer 226

d) All of the above

Question 227

The rule in Wheeldon V Burrows stipulates that on a grant of a piece of land, there will pass to a grantee all the easements which are necessary to the reasonable enjoyment of the property granted and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted. In order to arise by implication under the rule, the easement must be a) Continuous and apparent; reasonably necessary for the enjoyment of the land; and in use by the grantor at the time of the grant b) Continuous and apparent; reasonably necessary for the enjoyment of the land; and capable of beneficial use c) Reasonably necessary for the enjoyment of the land; in use by the grantor at the time of the grant; and, evident on inspection d) Capable of beneficial use, evident on inspection; and in use by the grantor at the time of the grant

Answer 227

a) Continuous and apparent; reasonably necessary for the enjoyment of the land; and in use by the grantor at the time of the grant

Question 228

Prescription dictates that the long and uninterrupted enjoyment of an easement or a profit as a right can rise to an irrebuttable presumption of legality. It is an important principle that the user should have enjoyed the right as if he were fully entitled to it and without force, secrecy or permission. A claim at common law can be supported if it has been enjoyed for? a) 5 years b) 10 years c) 20 years d) 40 years

Answer 228

c) 20 years

Question 229

The Prescription (Ireland) Act 1858 sets out different periods of user that will give rise to an easement or profit by prescription a) The shorter period sets out 10 years for easement and 20 years for profits, and the longer period sets out 30 years for easement and 40 years for profits b) The shorter period sets out 20 years for easement and 20 years for profits, and the longer period sets out 40 years foe easement and 60 years for profits c) The shorter period sets out 30 years for easement and 40 years for profits, and the longer period sets out 50 years for easement and 70 years for profits d) The shorter period sets out 40 years for easement and 50 years for profits, and the longer period sets out 60 years foe easement and 70 years for profits

Answer 229

b) The shorter period sets out 20 years for easement and 20 years for profits, and the longer period sets out 40 years foe easement and 60 years for profits

Question 230

An easement can be extinguished in the following ways a) By statute, release, and, by non-user b) By statute, release, by non-user and by ownership and occupation of both tenements c) By statute, release and by ownership and occupation of both tenements d) By statute and release,

Answer 230

b) By statute, release, by non-user and by ownership and occupation of both tenements

Question 231

Which of the following is not a right owing to a mortgagee? a) Power of sale b) Appointment of a receiver c) Right to redeem d) Foreclosure

Answer 231

c) Right to redeem

Question 232

Which of the following is not a right owing to a mortgagor? a) Right to redeem b) Possession c) Right to sell d) Covenant to repay

Answer 232

d) Covenant to repay

Question 233

The right to enforce a covenant is known as the benefit of the covenant, while the obligations to comply with terms of a covenant is described as the burden. In the leading case of Gaw V CIE Dixon J set out three conditions necessary for the running of the benefit of a positive covenant with relation to freehold land. Which of the following is not one of these conditions? a) The successor in title that seeks to rely on the covenant must bi in the same estate as the original convenantee b) The covenant i question must be intended to endure for the benefit of the land even after a change of ownership c) The successor in title must have an interest in the subject matter of the covenant independently of the covenant

Answer 233

YOU KNOW THE ANSWER IS.................B

Question 234

A bare license is simply permission to use or occupy land unsupported by any consideration and it a) Cab revoked at any time on reasonable notice b) Is purely personal which means that it cannot be assigned c) Does not usually confer exclusive possession upon the licencee d) all of the above

Answer 234

d) all of the above

Question 235

CIVIL MCQ's DOC 13 Which of the following is not an essential feature of an easement? a) There must be a dominant tenement and be a burden to the servient tenement, and the right must accommodate the dominant tenement and be a burden to the servient tenement b) The dominant and servient tenements must not be owned and occupied by the same person c) The right must be capable of being the subject matter of a grant d) All of the above

Answer 235

d) All of the above

Question 236

In general, a court is unlikely to recognise a particular right as an easement if the exercise of the right involves a) Expenditure by the servient owner b) If it is purely restrictive or negative in nature c) If the exercise of the right is contrary to public policy c) If the exercise of the right is contrary to public policy d) All of the above

Answer 236

d) All of the above

Question 237

The rule of Wheeldon v Burrows stipulates that on a grant of a piece of land, there will pass to a grantee all the easements which are necessary to the reasonable enjoyment of the property granted and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted. In order to arise by implication under the rule, the easement must be a) Continuous and apparent, reasonably necessary for the enjoyment of the land; and in use by the grantor at the time of the grant b) Continuous and apparent, reasonably necessary for the enjoyment of the land; and capable of beneficial use c) Reasonably necessary for the enjoyment of the land; in use by the grantor at the time of the grant; and evident on inspection d) Capable of beneficial use, evident on inspection; and in use by the grantor at the time of the grant

Answer 237

a) Continuous and apparent, reasonably necessary for the enjoyment of the land; and in use by the grantor at the time of the grant

Question 238

Prescription dictates that the long and uninterrupted enjoyment od an easement or a profit as a right can rise to the irrebuttable presumption of legality. It is an important principle that the user should have enjoyed the right as if he were fully entitled to it and without force, secrecy or permission. A claim at common law can be supported if it has been enjoyed for? a) 5 years b) 10 years c) 20 years d) 40 years

Answer 238

c) 20 years

Question 239

The Prescription (Ireland) Act 1858 sets out different periods of use that will give rise to an easement of profit by prescription a) The shorter period sets out 10 years for easement and 20 years for profits, and the longer period sets out 30 years for easement and 40 years for profits b) The shorter period sets out 20 years for easement and 30 years for profits, and the longer period sets out 40 years for easement and 60 years for profits c) The shorter period sets out 30 years for easement and 40 years for profits, and the longer period sets out 50 years for easement and 70 years for profits d) The shorter period sets out 40 years for easement and 50 years for profits, and the longer period sets out 60 years for easement and 80 years for profits

Answer 239

b) The shorter period sets out 20 years for easement and 30 years for profits, and the longer period sets out 40 years for easement and 60 years for profits

Question 240

An easement can be extinguished in the following ways a) By statute, release, and , by non-user b) By statute, release, and , by non-user, and by ownership and occupation of both tenements c) By statute, release, and by ownership and occupation of both tenements d) By statute and release

Answer 240

b) By statute, release, and , by non-user, and by ownership and occupation of both tenements

Question 241

Which of the following is not a right owing to a mortagagee? a) Power of sale b) Appointment of a receiver c) Right to redeem d) Foreclosure

Answer 241

c) Right to redeem

Question 242

Which of the following is not a right owing to a mortgagor? a) Right to redeem b) Possession c) Right to sell d) Covenant to repay

Answer 242

d) Covenant to repay

Question 243

The right to enforce a covenant is known as the benefit of the covenant, while the obligations to comply with terms of a covenant is described as the burden. In the leading case of Gaw v CIE Dixon J set out three conditions necessary for the running of the benefit of a positive covenant with relation to freehold land. Which of the following is not one of these conditions a) The successor in title that seeks to reply on the covenant must be in the same estate as the original covenantee b) The covenant in question must be intended to endure for the benefit of the land even after a change in ownership c) The successor in title must have an interest in the subject matter of the covenant independently of the covenant d) The covenant must touch and concern the land of the covenant

Answer 243

b) The covenant in question must be intended to endure for the benefit of the land even after a change in ownership

Question 244

A bare licence is simply permission to use or occupy land unsupported by any consideration and it a) Can be revoked at any time on reasonable notice b) Is purely personal which means that it cannot be assigned c) Does not usually confer exclusive possession upon the licencee d) All of the above

Answer 244

d) All of the above

Question 245

A contractual licence is a licence which is supported by consideration and the licensor and licencee are therefore bound in contractual relationship a) The licence may not arise by implication where such a licence is necessary for the performance of a contrast between parties b) The licence can only be revoked in accordance with the terms of the contract c) The licence will bind third parties and successors in title of the licensor, only where they are on notice of its existence d) The licence will bind third parties and successors in title of the licensor, only where they are not on notice of its existence

Answer 245

b) The licence can only be revoked in accordance with the terms of the contract

Question 246

It is important to ascertain whether an agreement for the possession of land is a lease or a licence because a person holding a lease will bind successors in title of his landlord and can avail of a number of important statutory protections. However a person holding under a mere licence enjoys neither of these benefits a) An important differentiating feature between a licence and a lease is the label placed on the agreement by the parties, and the court does not have to consider the true nature of the agreement b) Where the agreement does not grant exclusive possession, it will almost always be construed as a lease c) A lease in excess of one year may be made orally or in writing d) The rule in Walsh v Lonsdale states that where there is a concluded contract to grant a lease and if the requirements of the Statute of frauds have been satisfied or if there are any sufficient acts of part performance, then specific performance of the lease may be granted in order to enforce it

Answer 246

d) The rule in Walsh v Lonsdale states that where there is a concluded contract to grant a lease and if the requirements of the Statute of frauds have been satisfied or if there are any sufficient acts of part performance, then specific performance of the lease may be granted in order to enforce it

Question 247

A tenement is defined in the Landlord and Tenant ( Amendment) Act, 1980 as a) A property which consists wholly or partly of buildings and in which any part of the property that is not so covered by buildings is subsidiary and ancillary to the buildings b) A property which consists wholly of buildings and in which no part of the property is not so covered c) A property which consists wholly of buildings and in which no part of the property is not so covered by buildingd is additional and contributory to the buildings d) None of the above

Answer 247

a) A property which consists wholly or partly of buildings and in which any part of the property that is not so covered by buildings is subsidiary and ancillary to the buildings

Question 248

The two important statutory rights contained in the landlord and tenant legislation for those holding land under a lease are the right to require a reversionary lease or the fee simple estate and the right to a tenancy. There are two essential preconditions to the exercise of either of these rights a) That the applicant has a lease evidenced in writing and has satisfied all the covenants of the lease b) That the applicant can reasonably be said to be holding under a lease and the applicant has satisfied all the covenants of the lease c) That the applicant is holding under a lease and that the property comprises a tenement within the meaning of the Act d) None of the above

Answer 248

c) That the applicant is holding under a lease and that the property comprises a tenement within the meaning of the Act

Question 249

A tenant can acquire the right to be granted a new tenancy where he can show one of the following situations the premises bona fide for business purposes. a) Where he can show that he has been in continuous occupation of the tenement for a period of 5 years and has used the premises bona fide for business purposes. Temporary breaks in the period of occupation can be overlooked b) Where he can show that he has been in occupation of the property for any purpose for a continuous period of 20 years c) Where he can show that he has carried out improvements to the property that account for more that 50% of it's current market value d) All of the above

Answer 249

d) All of the above

Question 250

Section 52 of Deasy's Act provided that a tenancy will be terminated by the Court when the following conditions are satisfied a) There are arrears of 6 months of rent, the tenancy is a monthly tenancy or a tenancy for a fixed term of a year or more; the tenant has not acquired the right to purchase the fee simple; and the tenant has not produced the outstanding rent before the matter has come to court b) There are arrears of 6 months of rent, the tenancy is a yearly tenancy or a tenancy for a fixed term of a year or more; the tenant has not acquired the right to purchase the fee simple; and the tenant has not produced the outstanding rent before the matter has come to court, and the tenant does not apply for or get an order of restitution within 6 months of the ejectment order being granted by the Court c) There are arrears of 1 year of rent, the tenancy is a yearly tenancy or a tenancy for a fixed term of a year or more; the tenant has not acquired the right to purchase the fee simple; and the tenant has not produced the outstanding rent before the matter has come to Court, and the tenant does not apply for or get an order of restitution within 6 months of the ejectment order being granted by the Court d) There are arrears of 1 year of rent, the tenancy is a yearly tenancy or a tenancy for a fixed term of a year or more; the tenant has not acquired the right to purchase the fee simple; and the tenant has not produced the outstanding rent before the matter has come to Court, and the tenant does not apply for or get an order of restitution within 1 year of the ejectment order being granted by the Court

Answer 250

c) There are arrears of 1 year of rent, the tenancy is a yearly tenancy or a tenancy for a fixed term of a year or more; the tenant has not acquired the right to purchase the fee simple; and the tenant has not produced the outstanding rent before the matter has come to Court, and the tenant does not apply for or get an order of restitution within 6 months of the ejectment order being granted by the Court

Question 251

A Notice to Quit is the usual way of bringing a periodic tenancy to an end a) There is a mandatory format for a notice to quit B) The notice to quit must always be in writing c) The notice should make an explicit demand of the tenant for the recovery of the possession of the premises at the expiry of the stated period d) The extent of teh notice is not determined by the particular type of periodic tenancy in question

Answer 251

c) The notice should make an explicit demand of the tenant for the recovery of the possession of the premises at the expiry of the stated period

Question 252

CIVIL MCQ's DOC 14 The practice among solicitors is that any correspondence between vendor and purchaser prior to the contract for the sale of land should be marked with the word's "Subject to Contract/Contract Denied" a) The return of the contract signed by the purchaser is an offer to purchase and is not deemed to be an acceptance of a prior offer b) The return of the contract signed by the purchaser is merely as invitation to treat ans is not deemed to be an offer to buy c) The return of the contract signed by the purchaser is an acceptance of an offer to purchase, and the contract comes into existence at this point d) The return of the contract signed by the vendor is an invitation to treat ans is not deemed to be an offer of sale

Answer 252

a) The return of the contract signed by the purchaser is an offer to purchase and is not deemed to be an acceptance of a prior offer

Question 253

The general rule in relation to the physical condition of the land is caveat emptor, meaning "buyer beware" a) This places the onus on the purchaser to satisfy himself at to the physical condition of the land under sale b) The vendor is not under any duty at law to disclose physical defects in the land, unless the purchaser has the property surveyed c) There is no onus on the purchaser to examine the planning status of adjoining properties, or to consider whether land authority projects such as road-widening are likely to effect property d) The vendor is held to give a warranty as to the water supply to the property

Answer 253

a) This places the onus on the purchaser to satisfy himself at to the physical condition of the land under sale

Question 254

The vendor is obliged to provide an accurate legal description of the property i.e. freehold or leasehold and so on a) It has been held that if the vendor is silent with regard to the matter, he is deemed to contract to see the fee simple in possession with incumbrances b) It has been held that if the vendor is silent with regard to the matter, he is deemed to contract to see the fee simple in possession free from incumbrances c) It has been held that if the vendor is silent with regard to the matter, he is deemed to contract is null and void d) It has been held that if the vendor is silent with regard to the matter, he is deemed to contract is voidable at the instance of the purchaser

Answer 254

b) It has been held that if the vendor is silent with regard to the matter, he is deemed to contract to see the fee simple in possession free from incumbrances

Question 255

In relation to the question of persons other than the vendor who may be in occupation of the land a) The onus is on the vendor to disclose the rights or interests of those in occupation b) The fact of occupation puts the purchaser on constructive notice of the rights ans interests of those in occupation c) If the vendor and purchased remain silent in relation tot he question, then the purchaser is held to take the land free of all existing rights d) None of the above

Answer 255

b) The fact of occupation puts the purchaser on constructive notice of the rights ans interests of those in occupation

Question 256

In relation to the vendors duty o disclose a) The vendors duty of disclosure only to defects in the title and not to physical defects on the land b) The vendor is not under a duty to disclose patent defects in the title c) The vendor has a duty to disclose latent defects in the title, that is, those defects which are not obvious tot eh eye from an inspection of the property d) All of the above

Answer 256

d) All of the above

Question 257

The following is not generally regarded as a good root of titile a) A conveyance, assignment, or lease for value b) A settlement in consideration of marriage c) A legal mortgage in fee simple d) A general devise in a will

Answer 257

d) A general devise in a will

Question 258

The following is generally regarded as being bad or insufficient roots of title a) A voluntary conveyance or assignment, a post-1959 will standing on its own, a legal mortgage of demise b) A voluntary conveyance or assignment, a pre-1959 will standing on its own, a legal mortgage of demise c) A conveyance under power of sale, a deed of appointment of trustees, a landed estate court conveyance d) A conveyance under power of sale, a deed of appointment of trustees, a legal mortgage of simple fee

Answer 258

a) A voluntary conveyance or assignment, a post-1959 will standing on its own, a legal mortgage of demise

Question 259

In modern closed contracts, the recommended practice of the Conveyancing Committee of the law Society is that the minimum period of how many years title should be offered and sought under a closed contract a) 5 years b) 10 years c) 15 years years

Answer 259

d) 20 years

Question 260

In deducing a title, whether freehold or leasehold, the vendor or purchaser is assisted by a number of important statutory provisions a) Section 2 of the Vendor Purchaser Act 1974 provides that statements or recitals in deeds or other documents thats are more than 20 years old at the date of sale can be accepted as being true, unless there is evidence to the contrary. This means that where certain acts or steps in the title are recited in a deed is over 20 years old, it can be accepted that this is what happened and the vendor will not be required to produce supporting evidence b) Section 3(4) of the Conveyance Act 1881 provides that the production by a vendor of the last receipt for rent payable under a lease is acceptable as conclusive evidence that he has complied with the terms and covenants and conditions in exchange for the lease, unless the contrary is proven c) Section 56 of the Conveyance Act 1881 provides that a clause in a conveyance confirming the receipt of the purchase monies by the vendor gives a discharge to the persons paying the consideration in exchange for the executed deed and to give a valid receipt for ir d) All of the above

Answer 260

d) All of the above

Question 261

Which of the following is untrue? a) A deed without revenue stamping cannot be used as evidence in Court and therefore, is not a good link in a chain of title b) An undated deed is invalid at law c) The "Particulars Delivered" stamp is a requirement of every deed with the exception of conveyances of the family home from one spouse into the joint names of husband and wife d) If a property is a family home the prior consent of a non-owning spouse should be endorsed at the foot of the deed and such consent should be signed prior to the deed being executed by the vendor

Answer 261

b) An undated deed is invalid at law

Question 262

If a Plaintiff is seeking judgement for a liquidated sum where may he seek judgement? a) The Master of the High Court b) The court office c) The District Court d) The court that has jurisdiction over a particular sum

Answer 262

b) The court office

Question 263

What is the time limit for entry of an appearance to a plenary/summary summons? a) 7 days b) 14 days c) 12 days d) 8 days

Answer 263

d) 8 days

Question 264

Which order of the Rules of the Superior Courts deals with the procedure for applications for judgement in default of appearance? a) Order 9 b) Order 31 c) Order 13 d) Order 16

Answer 264

c) Order 13

Question 265

When issuing an application to the court for judgement in default of appearance who must the notice be served on and within what time limit? a) The Defendants solicitor, within 7 days of the notice or motion b) The Defendant personally, within 4 days of the notice or motion c) The Defendant in writing, within 12 days of the notice or motion d) The Defendant , within 14 days of the notice or motion

Answer 265

b) The Defendant personally, within 4 days of the notice or motion

Question 266

If the Plaintiff is seeking equitable relief where will the motion be listed? a) The common law motion list b) The equitable motion list c) The chambers motion list d) The chancery motion list

Answer 266

d) The chancery motion list

Question 267

Order 21 of the Rules of the Superior Court Rules required a Defendant to deliver his defence with how many days from the delivery of the Statement of Claim? a) 14 days b) 21 days c) 18 days d) 28 days

Answer 267

d) 28 days

Question 268

Before issuing a motion for judgement in default of defence what must the Plaintiff do? a) Issue a revised statement of claim to the Defendant b) Write to the Defendant's solicitors giving him 21 days notice of his intention to seek judgement in default of defence c) Apply to for leave of the court to seek judgement within 21 days d) Apply to the Master for leave to issue a warning letter to the Defendant

Answer 268

b) Write to the Defendant's solicitors giving him 21 days notice of his intention to seek judgement in default of defence

Question 269

What does Order 27 Rule 9(2) of the Rules of the Superior Court stipulate? a) That a Defendant must be given 14 days notice of the motion for judgement in default of defence after the prior warning b) That the Defendant can deliver a defence to the Plaintiff within 7 days of service of the motion c) That the Plaintiff must prove that the proceedings were served on the Defendant d) The requirements for motion for sitting of the court

Answer 269

a) That a Defendant must be given 14 days notice of the motion for judgement in default of defence after the prior warning

Question 270

On the second motion for judgement in default of defence when might the court decide to extend the time for delivery of the defence and adjourn the motion to allow the defence to be delivered? a) If the Plaintiff had delivered the Statement of Claim outside the time limit b) If it would be unjust and unreasonable to allow judgement at that time c) If Order 32 of the Rules of the Superior Court applies d) If there are special circumstances set out in an affidavit to explain and justify the failure to deliver a defence

Answer 270

d) If there are special circumstances set out in an affidavit to explain and justify the failure to deliver a defence

Question 271

Which order of the Rules of the Superior Court Rules governs dismissal for want of prosecution for failure to deliver a Statement of Claim? a) Order 27 Rule 1 b) Order 34 Rule 4 c) Order 39 Rule 7 d) Order 12 Rule 3

Answer 271

a) Order 27 Rule 1

Question 272

CIVIL MCQ's DOC 15 How many days notice must the Defendant give the Plaintiff of his intention to seek dismissal for want of prosecution? a) 8 days b) 21 days c) 28 days d) 14 days

Answer 272

b) 21 days

Question 273

What will the court consider in an application to dismiss the Plaintiffs claim for want of prosecution? a) The seriousness of the claim b) Any special circumstances c) If the claim is for an quantifiable sum d) If the delay had been inordinate and inexcusable

Answer 273

d) If the delay had been inordinate and inexcusable

Question 274

Which out of the following is not correct when seeking further and better particulars? i) A party is entitled to seek documents from his opponent in a notice for particulars ii) A perty is entitled to know the broad outline of what will be said at trial by his opponent iii) A party is entitled to matters of evidence iiv) The particulars sought must relate to the proceedings a) i) and iii) b) iii) and iv) c) All of the above d) ii) iii) and iv)

Answer 274

a) i) and iii)

Question 275

When a Defendant is served a civil bill when must he enter an appearance? a) Within 10 days b) Within 14 days c) Within 5 days d) Within 8 days

Answer 275

a) Within 10 days

Question 276

The procedure for seeking leave to join a third party to proceedings is set out in a) Order 16 of the Rules of the Superior Court and section 27 of the Civil Liability Act 1961 b) Order 16 of the Rules of the Superior Court and section 21 of the Courts Act 1991 c) Order 27 of the Rules of the Superior Court and section 30 of the Courts Act 1981 d) Order 27 of the Rules of the Superior Court and section 15 of the Civil Liability Act 1961

Answer 276

a) Order 16 of the Rules of the Superior Court and section 27 of the Civil Liability Act 1961

Question 277

What order of the Rules of the Circuit Court governs third party? a) Order 15 b) Order 10 c) Order 7 d) Order 12

Answer 277

c) Order 7

Question 278

Which of the following does the PIAB Act 2003 not apply to? a) A civil action by an employee against his employer for negligence or breach of duty arising in course of employment b) A civil action arising out of the provision of the health service c) A civil action by a person against another arising out of the latter's use r occupation of land or any structure or building d) A civil action by a person against another arising out of the latter's ownership of a mechanically propelled vehicle

Answer 278

b) A civil action arising out of the provision of the health service

Question 279

When a respondent indicates that he does not consent to an assessment by the Injuries Board what happens? a) The Injuries Board furnishes the claimant with an authorisation b) The claimant must then apply to the court for leave c) The respondent has denied liability and accordingly can only plead guilty at trial d) An assessment of claim will go ahead anyway

Answer 279

a) The Injuries Board furnishes the claimant with an authorisation

Question 280

For unliquidated claims what period must the Plaintiff's warning letter allow for prior to seeking judgement in default of defence in the Circuit Court? a) 28 days b) 7 days c) 14 days d) 30 days

Answer 280

c) 14 days

Question 281

What is the definition of " assessment" in the PIAB Act? a) An assessment of the physical injuries received by the claimant, assuming full liability on the part of the respondent b) An assessment of the claim, considering the presence, or absence of contributory negligence c) An assessment of the amount of damages to which the claimant is entitled in respect of the claim, on the assumption that the respondent is fully liable d) None of the above

Answer 281

c) An assessment of the amount of damages to which the claimant is entitled in respect of the claim, on the assumption that the respondent is fully liable

Question 282

How long has a respondent to notify the Injuries Board to accept or refuse the assessment a) 14 days b) 7 days c) 21 days d) 16 days

Answer 282

c) 21 days

Question 283

What is the time limit for an application for an assessment to the Injuries Board a) Two years from the accrual of knowledge b) 5 years c) 6 months d) There is no time limit

Answer 283

c) 21 days

Question 284

Where is it stated that the courts must have regard to the book of quantum in assessing damages in personal injury actions? a) Section 21, The PIAB Act 2003 b) Section 22, Civil Liability and Courts Act 2004 c) Section 30, The PIAB Act 2003 d) Section 16, Courts Act 1991

Answer 284

b) Section 22, Civil Liability and Courts Act 2004

Question 285

What does Section 10 of the Civil Liability and Courts Act 2004 provide for? a) Further and better particulars b) A letter of claim c) A new form of pleading d) Defence and counterclaim to the personal injury claim

Answer 285

c) A new form of pleading

Question 286

A Plaintiff in a personal injury action is not required to a) Notify the Defendant in writing of his claim b) Include full and detailed particulars of the claim c) Separately deliver a statement of claim d) Include full particulars of each allegation, assertion or plea

Answer 286

c) Separately deliver a statement of claim

Question 287

Within 21 days of the service of the pleading the Plaintiff must lodge in Court a) A costs application b) Full and detailed particulars c) A medical report d) A verifying affidavit

Answer 287

d) A verifying affidavit

Question 288

What is the maximum fin for giving false or misleading evidence under Section 299 of the Civil Liability and Courts Act 2004? a) 60,000 euro b) 25,000 euro c) 100,000 euro d) There is no such fine, only a term of imprisonment

Answer 288

c) 100,000 euro

Question 289

Which of the following, under Section2 of the Judicial Separation and Family Law Reform Act 1989 is not a ground upon which a decree of judicial separation is granted? a) That the court is satisfied that a normal marital relationship has not existed between the spouses for at least one year preceding the date of application b) The applicant has committed adultery c) There has been desertion by the Respondent of the Applicant for a continuous period of a year or more d) The Respondent has behaved in a manner that the Applicant can't be expected to live with the Respondent

Answer 289

b) The applicant has committed adultery

Question 290

If spouses have only been living apart for 1 year can a decree be granted? a) No they must be living apart for at least 3 years b) Yes, if the Respondent consents c) Yes, if they can prove that they have lived fully and separately apart for a full year d) Yes, if there is fault on one party

Answer 290

b) Yes, if the Respondent consents

Question 291

What governs the welfare, custody of and right of access to an infant when granting a decree of judicial separation? a) Section 21 Children's Act 2001 b) Section 29 Family Law Act 1995 c) Section 4 Guardianship of Infants Act 1964 d) Section 11 Guardianship of Infants Act 1964

Answer 291

d) Section 11 Guardianship of Infants Act 1964