CIVIL DECK

Question 1

Constitutional

The correct Order to look to when seeking to serve notice on the AG where constitutional interpretation is an issue…..

1. Order 60 Rule 2 RSC
2. Order 60, Rule 3 SC
3. Order 60 Rule 4 RSC
4. Order 60 Rule 5 RSC

Answer 1

1. Order 60 Rule 2 RSC

Question 2

Limitations

What section and what act sets out the limitation period for defamation claims

1. s38 of the Defamation Act 2009
2. s11 of the of the S/Limitations Act 1957
3. s36 Defamation act 2009
4. s36 statute of limiations act 1957

Answer 2

3. s36 Defamation act 2009

Question 3

P

Principle to be applied by TJ when dealin wiht an application for non suit were laid down in Hetherington v Ultra Tyres as follows: IN the case of jury trial in the civil courts the TJ is required to consider whether:

1. Plaintiff has made out a P/Facie case
2. It is probably that the jury will enter a verdict for the Plaintiff
3. Defendant intends to call evidence or not
4. Plaintiff has made out a substantional case

Answer 3

1. Plaintiff has made out a P/Facie case

Question 4

Representative actions

Representative actions are covered under?

1. order 6 rule 8 CCR
2. order 6 rule 10 CCR
3. Order 15 Rule 9 CCR
4. Order 15 Rule 11 CCR

Answer 4

2. order 6 rule 10 CCR

Question 5

S/Limitations

Limitations periods may be prevented from running…..

1. Where the conduct of hte Plaintiff is sufficiently unfair
2. Where the conduct of the Defendant is sufficiently unconsciounable
3. Where the conduct of third party is sufficiently persuasive
4. None of the above

Answer 5

2. Where the conduct of the Defendant is sufficiently unconsciounable

Question 6

T

The Practice among solicitors is that any correspondce between vendor and purchaser prior to the contract for the sale fo land should be marked with the words “subject to contract/contract denied”

1. return of a contract signed by the purchaser is an offer to purchase and is not deemed to be an acceptance of a prior offer
2. return of a contract signed by the purchaser is merely an invitation to treat and is not deemed to be an offer to buy
3. return of a contract signed by the purchaser is an acceptance of the offer to purchase and the contract comes into existnce at this point
4. return of the contract signed by the vendor is an invitation to treat and is not deemed to be an offer of sale

Answer 6

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

Question 7

A contractural licence is a licence which is supported by consideration and the licensor adn licencee are therefore bound in a contractural relationship

1. licence may not arise by implication where such a licence is necessary for the performance of a contract between teh parties
2. teh licence can only be revoked in accordance with the terms of the contract
3. the licence will bind third parties and successors in title of the licensor even where they are on notice of its existence.
4. . the licence will bind third parties and successors in title of the licensor even where they are not on notice of its existence.

Answer 7

2. teh licence can only be revoked in accordance with the terms of the contract

Question 8

A special indorsement of claim is included in a ….
1. summary summons
2. plenary summons
3. special summons
4. both 2 and 3 above

Answer 8

4. both 2 and 3 above

Question 9

A tenant can acquire right to be granted a new tenancy where he can show one of the followoing situations:

1. Where he can show that he has been in continous occupation for five years and used the premisses bona fide for business purposes. Temporary breaks can be overlooked
2. where he shows continous occupatoin for twenty years
3. where he shows improvements to the property that account for 50% of current market value
4. All of the above

Answer 9

4. All of the above

Question 10

Accoridng to Order 36 Rule 11 RSC a defendant may apply to the court for liberty to give notice of trial if the plaintiff fails to give such notice within

1. 3 weeks after pleadings have closed
2. 28 days after pleadings have closed
3. 7 days after pleadings have closed
4. 4 weeks after pleadings have closed

Answer 10

1. 3 weeks after pleadings have closed

Question 11

If plaintiff decides to accept a lodgement a notice of acceptance of lodgement must be filed within:

1. 14 days
2. 21 days
3. 28 days
4. 2 months

Answer 11

1. 14 days

Question 12

In modern contracts recommended practice of the Conveyancing Committee of the Law Society is that a minimum period of how many years title shoudl be offered and sought under a closed contract:

1. 5 yrs
2. 10 yrs
3. 15 yrs
4. 20 yrs

Answer 12

4. 20 yrs

Question 13

In relation to teh vendors duty to disclose

1. duty of disclousre relates only to defects in title and not to physical defects in land
2. not under a duty to disclose patent defects in title
3. duty to disclose latent defects in title that is those which are not obvious to the eye from an inspection of property
4. all of the above

Answer 13

4. all of the above

Question 14

in the C.Court no representative action may be taken where the action is founded in:

1. Contrat
2. Defamatoni
3. Tort
4. Land

Answer 14

3. Tort

Question 15

In the C/Court no representative action may be taken where the action is founded in

1. Contract
2. Defamation
3. Tort
4. Land

Answer 15

3. Tort

Question 16

It is important to ascertain whether an agreement for possession of land is lease or licence becasue a person holding under lease will bind successors in title of his landlord and can avail of a number of important statutatory protections. However, a person holding a mere licence enjoys neither benefit

1. an important differentiatin feature between a licence and a lease is the label placed on agreement by parties and court does not have to consider true nature of agreement.
2. Where agreement does not grant exclusive possession it will almost always be construed as lease.
3. a lease in excess of one year may be made orally or in writing
4. Rule in Wlash v Lonsdale state that where there is a concluded contract to grant lease and if requirments of the Statute of Frauds are satisfied or if there are any sufficient part performance then performance of leave may be granted to enforce it.

Answer 16

4. Rule in Wlash v Lonsdale state that where there is a concluded contract to grant lease and if requirments of the Statute of Frauds are satisfied or if there are any sufficient part performance then performance of leave may be granted to enforce it.

Question 17

On second motion for judgement in default of defence what might the court decided to extend time for delivery of defence and adjourn the motion to allow defence to be delivered.?

1. if the pliaintiff had delivered statement of claim outisde time limit
2. if it would be unjust and unreasonable to allow judgement at that time
3. if Order 32 RSC applies
4. If there are special circumstances set out in an affidavitt to explain and justify failure to deliver a defence.

Answer 17

4. If there are special circumstances set out in an affidavitt to explain and justify failure to deliver a defence.

Question 18

Order 39 Rule 1 provides that

1. a judge can order that a witness can give evidence by affidavitt
2. . a judge can order that a witness can give evidence by deposition
3. . a judge can order that a witness can give evidence by TV link
4. . a judge can order that a witness can give evidence by unsworn evidence

Answer 18

1. a judge can order that a witness can give evidence by affidavitt

Question 19

Prescription Act 1858 sets out different periods of user that will give rise to an easement or profit by prescription

1. shorter period sets out 10 years for easement and 20 years for profit the longer perios sets out 30 years for easement and 40 years for profits
2. shorter period sets out 20 years for easement and 30 years for profit the longer perios sets out 40 years for easement and 60 years for profits
3. shorter period sets out 30 years for easement and 40 years for profit the longer perios sets out 50 years for easement and 70 years for profits
4. shorter period sets out 40 years for easement and50 years for profit the longer perios sets out 60 years for easement and 80 years for profits

Answer 19

2. shorter period sets out 20 years for easement and 30 years for profit the longer perios sets out 40 years for easement and 60 years for profits

Question 20

Prescription dictates that long and interrupted enjoyment of easement or profit as a right can give rise to irrebuttable presumption of legality / Its important principle that user should have enjoyed right as if he were fully entitled to it and withou force, secrecy or permission. A claim at Common Law can be uspported if it has been enjoyed for :

1. 5 yrs
2. 10 yrs
3. 20 yrs
4. 40 yrs

Answer 20

3. 20 yrs

Question 21

Principles to be applied by a TJ when dealing with an application for non suit were laid down by Hetherington v Ultra Tyres as follows: In the case of jury trial in the Civil Courts the Judge is rquired to consider whether:

1. Plaintiff has made out a prima facie case
2. It is probably that the jury will enter a verdict for the Plaintiff
3. The defendant intends to call evidence or not
4. Plaintiff has made out a substantial case

Answer 21

1. Plaintiff has made out a prima facie case

Question 22

Right to enforce a covenant is known as the benefit of teh covenant , whil the obligations to comply with terms of a covenant is described as teh burden. In the leding case of Gaw v CIE Dixon J set out three conditions necessary for the running of the benegit of a positive covenant with relation to the freehold land. Which of hte followins is not one of these conditions?

1. Successor in title that seeks to rely on the covenant must be in the same estate as the original covenantee.
2. Covenant in question must be intended to endure for the benefit of the land even after a change in ownership
3. successor in title must have an interest in the subject matter of the covenant independently of the covenant
4. Covenant must touch and concern the land of the covanantee.

Answer 22

2. Covenant in question must be intended to endure for the benefit of the land even after a change in ownership

Question 23

Rule in Wheeldon v Burrows stipuates that on grant of land ther will pass to grantee all easements which are necessary to reasonable enjoyment of prop. granted. and which have been and are at time of grant used by owners of the entirety for benefit of part granted. In order to arise by implication under rule easement must be

1. Continous and apparent, reasonably necessary for enjoyment of land, and in use by grantor at time of grant.
2. Continous and apparent, reasonably necessary for enjoyment of land, and capable of beneficial use
3. reasonably necessary for enjoyment of land, and in use by granor at time of grant. and evident on inspection
4. Capable of benefical use evident on inspect and in use by the grantor at the time of the grant

Answer 23

1. Continous and apparent, reasonably necessary for enjoyment of land, and in use by grantor at time of grant

Question 24

S1(1) of Courts Act 1988 includes?

1. actions emerging from Air Navigation & Transport Act 1936
2. Actions for debt collection
3. None of th above, (a) and (b)
4. all of the above

Answer 24

1. actions emerging from Air Navigation & Transport Act 1936

Question 25

S28(1) of teh Children's Act 1997 allows.... 1. childrent under 16 to give evidence other than on oath/affirmation 2. children under 14 to give evidence other than on oath/affirmation where is it satsified that the child is capable of giving intelligent accoutn 3. children udner 16 to give evidence aother than on oath/affirmation where is it satsified that the child is capable of understanding concepts of truth/falsity 4. children udner 14 to give evidence aother than on oath/affirmation where is it satsified that the child is capable of understanding concepts of truth/falsity

Answer 25

2. children under 14 to give evidence other than on oath/affirmation where is it satsified that the child is capable of giving intelligent accoutn

Question 26

S48 of the Civil Liability Act 1961 relates to which type of injury? 1. progressive injuries 2. Serious injuries 3. Fatal Injuries 4. both (2) and (3) above

Answer 26

3. Fatal Injuries

Question 27

S52 Deasy's Act provides that a tenancy will be terminated by Court when following conditions are satisfied: 1. are arrears **6 mos** rent, tenancy is monthly or fixed term tenancy for a year /+, tenant has not acquired right purchase fee simple - has not produced outstanding rent before matter has come to court 2. are arrears of **6 mos** rent, tenancy is a monthly or fixed term tenancy for a year /+,, tenant has not acquired right to purchase fee simple and has not produced outstanding rent bbefore the matter has come to court *and tenant does not apply for or get an order of restitution wihtin 6 mos of ejectment order being granted to the court.* 3. are arrears of **12 mos **rent, tenancy is a monthly or fixed term tenancy for a year /+,, tenant has not acquired right to purchase fee simple and has not produced outstanding rent bbefore the matter has come to court and the tentna tdoes not apply for/get order of restitution within **6 mos** of the ejectment order being granted. 4. are arrears of** 12 mos** rent, tenancy is a monthly or fixed term tenancy for a year /+,, tenant has not acquired right to purchase fee simple and has not produced outstanding rent bbefore the matter has come to court and the tentna tdoes not apply for/get order of restitution within **12 mos** of the ejectment order being granted.

Answer 27

3. are arrears of **12 mos **rent, tenancy is a monthly or fixed term tenancy for a year /+,, tenant has not acquired right to purchase fee simple and has not produced outstanding rent bbefore the matter has come to court and the tentna tdoes not apply for/get order of restitution within **6 mos** of the ejectment order being granted.

Question 28

Tenenement is defined in Landlord & Tenant act 1980 as: 1. Prop which consists wholly or partly of buildings and in which any part of the prop that is not so covered by buildings is subsidiary and ancillary to buildings 2. Prop which consists wholly of buildlings and in which no part of prop is not so covered 3. Prop whclih consists partly of builldings and in which any part of the prop is not covered by building is additional and contributory to the buildings 4. none of the above

Answer 28

1. Prop which consists wholly or partly of buildings and in which any part of the prop that is not so covered by buildings is subsidiary and ancillary to buildings

Question 29

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 1. in 10 days afte the delivery of service fo the defence 2. in 21 days after the delivery of the defence 3. in 28 days after the delivery fo the defence 4. in 7 days after the delviery of the defence

Answer 29

1. in 10 days afte the delivery of service fo the defence

Question 30

The phrase "costs follow the event" derive from 1. Order 99 Rule 1 RSC 2. Order 99 Rule 2 RSC 3. Order 99 Rule 3 RSC 4. Order 99 Rule 4 RSC

Answer 30

1. Order 99 Rule 1 RSC

Question 31

The two important statuatory rights contained in Landlord and tenant legislation for thos holding land under lease are tthe right to require a reversionary lease or the fee simple estate and the right to a tenancy. There are two essential preconditoins to the exercise of either of these rights. 1. The applicant has a lease evidenced in writing and has satisfied all the covenants of the lease 2. that the applicant can reasonably be said to be holding under a lease and the applicant has satisfied all the convenants of the lease 3. that the appplicant is holding under a lease and the propery comprises a tenenment within the meaning of the act 4. none of the above

Answer 31

3. that the appplicant is holding under a lease and the propery comprises a tenenment within the meaning of the act

Question 32

What is the general limitation period in PI Actions? 1. 1 year 2. 2 years 3. 3 years 4. 4 years

Answer 32

2. 2 years

Question 33

Which of the following is not an essential feature of an easement? 1. must be dominant tenement and servient tenement and the right must accomodate the dominant tenement and be a burden to the servient tenement 2. Dominant an servient tenement must not be owned and occupied by the same person 3. Right must be capable of being the suject matter of a grant 4. all of the above

Answer 33

4. all of the above

Question 34

Which of the following is not an example of the type of actoin in whcih a preliminary issue may be heard before a jury in the H/Court under s1 of the Courts Act 1988 1. nusiance 2. false imprisonmnet 3. malicous prosecution 4. professional negligence

Answer 34

1. nusiance

Question 35

which of the following is not correct advice to include in an advice on proofs in a civil action? 1. a list of witnesses including expert reports 2. a list of documents intended to be relied upon at the hearing 3. advice as to whether discovery should be sought 4. advice that two copies of all pleadings should be provided each paginated and provided in booklet form

Answer 35

4. advice that two copies of all pleadings should be provided each paginated and provided in booklet form

Question 36

Which of these is not a basis for deciding the Circuit a trial will be heard in? 1. circuit where parties were married 2. circuit which property is situated 3. circuit in which the beneficiary to a will resided 4. circuit in whcih the testator resided

Answer 36

3. circuit in which the beneficiary to a will resided

Question 37

S48(1) Statute of Limitations ACt lists the categories of persons who are for the pruposes of hte act under a disability which of the anser belwo are not included under this section? 1. infants 2. convicts 3. persons of unsound mind 4. Persons of limited means

Answer 37

4. Persons of limited means

Question 38

The Vendor is obliged to provide an accurate legal description of the prop. i.e. freehold or leasehold and so on: 1. it has been held that if the vendor s silent with regard to the matter, he is deemed to contract to seel the fee simple in possession with incumberances. 2. it has been held that if the vendor s silent with regard to the matter, he is deemed to contract to sell the fee simple in possession free from incumberances. 3. It has been held that if the Vendor is silent with regard to the matter the contract is null and void 4. It has been held that if the Vendor is silent with regard to the the contract is voidable at the instance of the purchaser

Answer 38

2. it has been held that if the vendor s silent with regard to the matter, he is deemed to contract to sell the fee simple in possession free from incumberances.

Question 39

Proceedings in the H/Court can be commenced by way of 1. Originating Summons 2. Petitions 3. Motion on notice 4. all of the above

Answer 39

4. all of the above

Question 40

Order 20 Rule 2 RSC provided that the Plaintiff may deliver his statement of claim together with the Plenary Summons or at any time within ____ days of from the the date of the summons 1. 14 days 2. 21 days 3. 28 days 4. 2 months

Answer 40

2. 21 days

Question 41

In general a court is unlikely to recognise a particular right as an easement if the exercise of the right involves: 1. Expenditure by the servient owner 2. if it is purely restricitve or negative in nature 3. if the exercise of the reight is contrary to publilc policy 4. All of the above

Answer 41

4. All of the above

Question 42

In C.Court proceedings time stops running of teh S/Limitations from the date which 1. the civil bill was served 2. the civil bill was issued by C/Court Office 3. the matter is set down for hearing 4. the defence is served on the Plaintiff

Answer 42

2. the civil bill was issued by C/Court Office

Question 43

A notice to quite is the usual way of bringing a periodic tenancy to an end 1. there is a mandatory format for notice to quit 2. notice to quit must always be in writing 3. 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. 4. the extent of the notice period is not determined by the particualr type of periodic teancy in question

Answer 43

3. 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 44

Which of the listed documents is not an example of an originating summons? 1. plenary summons 2. summary summons 3. special summons 4. none of the above

Answer 44

4. none of the above

Question 45

The procedure for initiaing personal injuries actions in each of the courts ahs been changed by 1. PIAB 2003 2. PIAB 2004 3. Civil Liabitilty Aand Courts Act 2003 4. None of above

Answer 45

1. PIAB 2003

Question 46

Which of the follwoing actions may be dealt with by petition rather than summons? 1. applicatons to wind up a compnay 2. appointment of an examier to a company 3. applications in relation to parliamentary elections 4. all of above

Answer 46

4. all of above

Question 47

Which order of teh RSC governs dismissal for want of prosecution for failure to deliver a statement of claim? 1. Order 27 Rule 1 2. Order 34 Rule 4 3. Order 39 Rule 7 4. Order 12 Rule 3

Answer 47

1. Order 27 Rule 1

Question 48

Civil Legal Aid is most commonly afforded in ? 1. Contract law 2. tort law 3. family law 4. none of the above

Answer 48

3. family law

Question 49

s28(3) of the Children's Act 1997 provides... 1. persons with mental disability are not capable of giving sword evidence 2. persons with mental disability must give evidence by affirmation if not by oath 3. persons with mental disability may give eidence unsworn 4. persons with a proven mental disability must give unsword evidence

Answer 49

3. persons with mental disability may give eidence unsworn

Question 50

As a general rule, when does time start ot run for the purpsoes of limitation? 1. on the accrual of the cause of action 2. on the date when the plaintiff first contact solr 3. on teh plaintiffs birthday 4. none of the above

Answer 50

1. on the accrual of the cause of action

Question 51

a 6 year limitation period applies in which casez? 1. Contract 2. tort 3. both 1 and 2 _ contract and tort 4. none of the above

Answer 51

. both 1 and 2 _ contract and tort