Knowledge Quiz

Questão 1 de 131

1

Prior to the passing of the 2014 Act, what type of action had to be raised when seeking an order to recover possession of heritable property (and no other order except expenses)?

Selecione uma das seguintes:

Small claim
Summary cause
Summary application
Ordinary cause

Explicação

Questão 2 de 131

1

What type of action would you raise when seeking an order under s1 of the Administration of Justice (Scotland) Act 1972 (and no other order except expenses)?

Selecione uma das seguintes:

Simple Procedure
Summary cause
Summary application
Ordinary cause

Explicação

Questão 3 de 131

1

You are instructed by Mrs McGlumphie, residing at 30 Wisteria Lane, Glasgow to sue Mr Speedy, residing at 12 Main Street, Paisley in relation to a personal injury claim arising out of an accident which took place in Aberdeen. Which of the following narrates the possible grounds of jurisdiction?

Selecione uma das seguintes:

Domicile of pursuer or place of accident
Domicile of defender or place of accident
Domicile of pursuer or domicile of defender
Domicile of pursuer or domicile of defender or place of accident

Explicação

Questão 4 de 131

1

You act for the pursuer in an ordinary cause and forget to lodge the Record in terms of rule 9.11. What is a possible consequence of this?

Selecione uma das seguintes:

The sheriff may grant decree of dismissal or absolvitor or such other order as he thinks fit to secure the expeditious progress of the cause.
There are no consequences provided the Record is produced at the options hearing
The options hearing will be continued
Decree de plano will be granted

Explicação

Questão 5 de 131

1

When are defences due in a commercial action?

Selecione uma das seguintes:

The date stated in the G5
7 days after the period of notice expires
14 days after the period of notice expires
21 days after the period of notice expires

Explicação

Questão 6 de 131

1

You act for the defender in an ordinary cause. After the record was closed at the options hearing, new information came to light (after the options hearing has taken place), which you required to be incorporated into your case. How could such information be incorporated?

Selecione uma das seguintes:

By seeking a continued options hearing
By moving a minute of amendment
By seeking to have the case appointed to additional procedure
By adjustment

Explicação

Questão 7 de 131

1

What does brevitatis causa mean?

Selecione uma das seguintes:

By default
For the sake of brevity
A matter already judged
Incorporated

Explicação

Questão 8 de 131

1

What does res judicata mean?

Selecione uma das seguintes:

No jurisdiction
A matter already judged
Irrelevant
Lacking in specification

Explicação

Questão 9 de 131

1

In an ordinary cause, under the appropriate provisions of the Courts Reform (Scotland) Act 2014, which of the following interlocutors is not appealable to the Sheriff Appeal Court without leave?

Selecione uma das seguintes:

An interlocutor granting interim decree for payment of money
An interlocutor refusing to allow a minute of amendment
An interlocutor refusing a reponing note
An interlocutor sisting an action

Explicação

Questão 10 de 131

1

At an options hearing, which of the following is not an option available unless a note of basis of preliminary pleas has been lodged by either party?

Selecione uma das seguintes:

A continuation of the options hearing
Additional procedure under Chapter 10
A debate
A proof

Explicação

Questão 11 de 131

1

You act for the defender in an ordinary cause. In preparing your client’s defences you failed to answer every statement of fact made by the pursuer in the writ. The matter is now proceeding to proof. How will the court interpret the defender’s position in relation to the statements he has not answered?

Selecione uma das seguintes:

As denied by the defender
As admitted by the defender
As outwith the defender’s knowledge
The Pursuer will still be required to lead evidence in support of such statements

Explicação

Questão 12 de 131

1

In an ordinary cause action, when must lists of witnesses be exchanged by the parties?

Selecione uma das seguintes:

Within 28 days after the interlocutor allowing a proof or proof before answer
Within 14 days after the interlocutor allowing a proof or proof before answer
At least 14 days before the diet of proof or proof before answer
At least 7 days before the diet of proof or proof before answer

Explicação

Questão 13 de 131

1

You act for the pursuer in an ordinary cause action. The defender is a party litigant. You wish to move a written motion (not an e-motion) to sist the action. Which of the following methods of intimation of your motion are available to you?

Selecione uma das seguintes:

First class ordinary post
First class recorded delivery post or service by sheriff officer
Fax
Personal delivery by courier

Explicação

Questão 14 de 131

1

In an ordinary action, a pursuer may move for summary decree if:

Selecione uma das seguintes:

The defender fails to lodge defences on the due date;
There exists no compelling reason why summary decree should not be granted at that stage, and no other reason;
The defender’s case has no real prospect of success, an no other reason;
None of the above

Explicação

Questão 15 de 131

1

The test to be satisfied in seeking an order for caution under the Companies Act 1985 is:

Selecione uma das seguintes:

A limited company is pursuer in an action or other legal proceeding, the court having jurisdiction in the matter may, if it appears by credible testimony that there is reason to believe that the company will be unable to pay the defender’s expenses if successful in his defence, order the company to find caution
The action contains a crave for payment, the creditor has a prima facie case on the merits and there is a real and substantial risk enforcement of any decree in the action in favour of the creditor would be defeated or prejudiced by reason of the debtor being insolvent or verging on insolvency
The action contains a crave for payment, the creditor has a prima facie case on the merits and there is a real and substantial risk enforcement of any decree in the action in favour of the creditor would be defeated or prejudiced by reason of the likelihood of the debtor removing, disposing of, burdening, concealing or otherwise dealing with all or some of the debtor's assets
The action contains a crave for payment, the creditor has a prima facie case on the merits and it is reasonable in all the circumstances, including the effect granting warrant may have on any person having an interest, to do so

Explicação

Questão 16 de 131

1

You act for the Pursuer in an ordinary cause action. You have learned that your client’s debtor has certain assets, including a number of heritable properties in Scotland. What order would you seek to prevent the debtor voluntarily disposing of such assets?

Selecione uma das seguintes:

Arrestment on the dependence
Inhibition on the dependence
Interim attachment
Caution

Explicação

Questão 17 de 131

1

At a child welfare hearing it is the sheriff’s duty to:

Selecione uma das seguintes:

Seek to secure the expeditious resolution of the dispute between the parties
Seek to secure the expeditious progress of the action
Seek to secure the expeditious resolution of disputes in relation to the child
Seek to mediate between the relevant parties

Explicação

Questão 18 de 131

1

In what type of action must parties attend personally at an options hearing?

Selecione uma das seguintes:

Ordinary Cause
Family Action
Action for damages
Commercial action

Explicação

Questão 19 de 131

1

In an action for damages for personal injury under the Ordinary Cause Rules 1993, a diet of proof is fixed:

Selecione uma das seguintes:

At the options hearing
At a case management conference
Upon a notice of intention to defend being lodged
Upon defences being lodged

Explicação

Questão 20 de 131

1

In the event that either party fails to comply with any requirement of the timetable fixed in relation to personal injuries procedure under the Ordinary Cause Rules 1993, which of the following will happen?

Selecione uma das seguintes:

The other party may move for decree by default
The sheriff clerk shall fix a date and time for the parties to be heard by the sheriff
The action will be dismissed
The sheriff may, of his own motion, dismiss the action/grant decree as appropriate or make an award of expenses as he thinks fit

Explicação

Questão 21 de 131

1

What happens at a pre-proof conference?

Selecione uma das seguintes:

The parties (or their solicitors) discuss settlement of the action and agree, so far as possible, the matters which are not in dispute between them
The sheriff ascertains, so far as reasonably practicable, whether the cause is likely to proceed to proof on the date fixed and in particular the state of preparation of the parties, whether the parties have complied with their duties as regards the lodging of joint minutes, lodging of productions and instruction of a shorthand writer and consider any child witness notice or vulnerable witness application
The sheriff shall seek to secure the expeditious resolution of disputes in relation to any child
The sheriff shall seek to secure the expeditious progress of the action

Explicação

Questão 22 de 131

1

When must the first case management conference in a commercial action take place?

Selecione uma das seguintes:

Not sooner than 14 days after the period of notice expires
Not sooner than 14 days after a notice of intention to defend is lodged
Not later than 28 days after a notice of intention to defend is lodged
Not sooner than 14 days, nor later than 28 days, after the period of notice expires

Explicação

Questão 23 de 131

1

What is the period of notice in a motion for summary decree in a commercial action?

Selecione uma das seguintes:

48 hours
7 days
14 days
21 days

Explicação

Questão 24 de 131

1

Which of the following is true in relation to a case management conference?

Selecione uma das seguintes:

It must take place in court
Parties must attend personally
It can take place by conference call between the sheriff and solicitors
It must be carried out in private

Explicação

Questão 25 de 131

1

If, in an ordinary cause, a party fails to lodge a note of basis in support of his preliminary pleas before the options hearing, that party’s preliminary pleas are:

Selecione uma das seguintes:

Repelled at the options hearing
Repelled after a debate
Reserved until a later date
Considered at proof

Explicação

Questão 26 de 131

1

You are instructed to raise an action for payment of the sum of £3500. Such an action would, after the coming into force of the Court Reform (Scotland) Act 2014 be raised as:

Selecione uma das seguintes:

A small claim
A summary cause
An ordinary cause
Simple procedure

Explicação

Questão 27 de 131

1

What options are open to the Sheriff at a (first) options hearing where no Rule 22 note has been lodged?

Selecione uma das seguintes:

Debate, proof before answer, proof, continuation or additional procedure
Proof before answer, proof, continuation or additional procedure
Proof before answer, debate or proof
Proof, continuation of the Options Hearing or additional procedure

Explicação

Questão 28 de 131

1

What methods of service are available when serving an initial writ upon a defender?

Selecione uma das seguintes:

First class ordinary post, which failing Sheriff officer, which failing walls of court or newspaper advert
First class recorded delivery post, which failing Sheriff officer, which failing walls of court or newspaper advert
Registered post, which failing Sheriff officer, which failing walls of court or newspaper advert
Registered post, which failing fax, which failing Sheriff officer or walls of court

Explicação

Questão 29 de 131

1

Which type of diligence operates to freeze moveable assets of the debtor in the hands of third parties?

Selecione uma das seguintes:

Interim Attachment
Inhibition
Arrestment
Money Attachment

Explicação

Questão 30 de 131

1

Which forms (in addition to an initial writ) must be used in an application for diligence on the dependence?

Selecione uma das seguintes:

Form O7
Form G4A
Form G6 and G4A
Form G6 and G7

Explicação

Questão 31 de 131

1

You are approached by Mr McGowan to act on his behalf in pursuing a personal injury action. Mr McGowan is a new client to the firm. What forms of identification would you require to see (and retain copies of)?

Selecione uma das seguintes:

His passport/ photographic drivers licence and two of either utilities bills and/ or bank statements
A copy of his passport/ photographic drivers licence and two of either utilities bill and/or bank statements
His passport/ drivers licence only
Any form of photographic identification

Explicação

Questão 32 de 131

1

You act for the defender in an ordinary cause. Your client has instructed you to halt proceedings to allow him to investigate matters and also to allow the parties to explore possible settlement. How would such a motion be phrased?

Selecione uma das seguintes:

SMITH for the defender moved and hereby moves the court to sist the action
SMITH for the defender moved and hereby moves the court to freeze the action
SMITH for the defender moved and hereby moves the court to sist the action to allow the defender to make further enquiries and for negotiation
SMITH for the defender moved and hereby moves the court to sist the action, it being reasonable to do so

Explicação

Questão 33 de 131

1

It is the eve of a continued options hearing in an ordinary cause and you realize that you have forgotten to lodge a rule 22 note as you intended to do. How would you deal with matters?

Selecione uma das seguintes:

Produce the Rule 22 note at the options hearing and ask the Sheriff to exercise his dispensing power and allow it to be received although late
Seek a further continuation of the options hearing
Seek to fix a debate
There is nothing you can do

Explicação

Questão 34 de 131

1

Your client has been served with an initial writ, however the writ did not come to his attention before the period of notice expired as his neighbor accepted service and neglected to tell him. As such, decree in absence has been passed against him. What can you do on behalf of your client?

Selecione uma das seguintes:

Prepare, lodge and serve an appeal
Prepare, lodge and serve a reponing note
Prepare, lodge and serve a motion to have a notice of intention to defend received, although late
There is nothing you can do

Explicação

Questão 35 de 131

1

If a defender intends to counterclaim in an ordinary cause action, when must he do it?

Selecione uma das seguintes:

When lodging defences
Before the Record closes
When lodging defences, during the period of adjustment or later, by amendment, with leave of the Sheriff
At any time provided leave of the Sheriff is granted.

Explicação

Questão 36 de 131

1

In an ordinary cause action, if a party incorporates a document brevitatis causa into his pleadings by adjustment, when must that document be lodged in process as a production?

Selecione uma das seguintes:

When the adjustment is intimated to the other side
14 days after the date of the interlocutor allowing a proof
28 days before any diet of proof
48 hours before any diet of proof

Explicação

Questão 37 de 131

1

You act for a defender who has been served with a Court of Session summons. When must you enter appearance on his behalf?

Selecione uma das seguintes:

Within 7 days of the summons being served
Within 14 days of the summons being served
Within 21 days of the summons being served
Within 3 days of the date on which the summons called

Explicação

Questão 38 de 131

1

You act for a defender who has been served with a Court of Session summons. When must defences be lodged?

Selecione uma das seguintes:

Within 7 days after the period of notice expires
Within 14 days after the period of notice expires
Within 21 days of the summons being served
Within 7 days of the date on which the summons called

Explicação

Questão 39 de 131

1

Which types of civil procedure are a feature of Court of Session procedure only:

Selecione uma das seguintes:

Declaratory Actions
Personal injury action
Commercial actions
Judicial Review

Explicação

Questão 40 de 131

1

(Post the coming into force of the Courts Reform (Scotland) Act 2014 an action for damages for personal injury in the sheriff court, where the sum craved/order sought is for the sum of £5500, must be raised as:

Selecione uma das seguintes:

Simple procedure
Summary application
An action under Chapter 36 of the Ordinary Cause Rules
An ordinary action under the standard Chapter 9 procedure

Explicação

Questão 41 de 131

1

Following the coming into force of the Courts Reform (Scotland) Act 2014, a debt action for a commercial debt in excess of £5000 can only be raised as:

Selecione uma das seguintes:

A commercial action in the sheriff court
An ordinary action in the sheriff court
A commercial action in the Court of Session
A debt action for a commercial debt in excess of £5000 can be raised as a commercial action or ordinary action if the sheriff court in question has a commercial court.

Explicação

Questão 42 de 131

1

The fees payable by a client to his solicitor for the conduct of the court action are known as:

Selecione uma das seguintes:

Agent/client expenses
Judicial expenses
Party/party expenses
None of the above

Explicação

Questão 43 de 131

1

Ordinary cause proceedings in the Sheriff court, under the standard Chapter 9 procedure, are commenced by way of:

Selecione uma das seguintes:

Summons
Initial Writ in form G1
Initial Writ in form G1A
Initial Writ in form PI1

Explicação

Questão 44 de 131

1

The structure of an initial writ in the case of a personal injury action under Chapter 36 is:

Selecione uma das seguintes:

Heading, instance, crave, condescendence and pleas in law
Heading, instance, crave and condescendence
Heading, instance, crave, statement of facts and pleas in law
Heading, instance, crave and statement of claim

Explicação

Questão 45 de 131

1

The Pursuer (A) resides in Edinburgh. He was involved in a road traffic accident in Huntly which is within the Sheriff court district of Elgin. He sustained injuries. (A) claims the Defender (B) was responsible for the accident. (B) resides in Glasgow. (A) wants to raise proceedings against (B). In which Sheriff court can the proceedings be raised?

Selecione uma das seguintes:

Edinburgh sheriff court only
Glasgow sheriff court only
Glasgow or Elgin sheriff court only
Edinburgh or Elgin sheriff court only

Explicação

Questão 46 de 131

1

Clydeside Bank plc has its registered office in Edinburgh. They want to commence proceedings to recover a debt due to them. The debt is due by Mr Smith who resides in Hamilton. The debt is a secured debt. It was secured over property owned by Mr Smith. The debt was secured over the subjects known as and forming 21 Heritible Way Kilmarnock. Where must the Sheriff court proceedings be raised?

Selecione uma das seguintes:

Edinburgh only
Hamilton only
Kilmarnock only
None of the above.

Explicação

Questão 47 de 131

1

(A), a University lecturer purchased a camera, for his private use, from Peter Lewis Limited. Peter Lewis Limited granted deferred payment terms to (A). The period for payment has now passed and (A) has not paid the sum due for the camera. Peter Lewis Limited is domiciled in Glasgow. The contract between (A) and Peter Lewis Limited provides that the place of payment is Glasgow and that in the event of a dispute, the Sheriff court in Glasgow shall have jurisdiction. At the time the camera was purchased (A) resided in Edinburgh. (A) now resides in Aberdeen. Which rule of jurisdiction governs where proceedings must be raised by Peter Lewis Limited?

Selecione uma das seguintes:

Rule 1, Schedule 8, 1982 Civil Jurisdiction and Judgement Act
Rule 2, Schedule 8, 1982 Civil Jurisdiction and Judgement Act
Rule 3, Schedule 8, 1982 Civil Jurisdiction and Judgement Act
Rule 6, Schedule 8, 1982 Civil Jurisdiction and Judgement Act

Explicação

Questão 48 de 131

1

Which is the most accurate statement of the law, “ a consumer may bring proceedings in”:

Selecione uma das seguintes:

The courts for the place in which the defender is domiciled
The courts for the place in which he himself ( the consumer) is domiciled
(a) or (b) or the courts for the place where the defender maintains a branch or the courts for the place where the property is situated (if to assert proprietary rights)
None of the above

Explicação

Questão 49 de 131

1

Which means of service of an initial writ would be the most appropriate first form of service, when the whereabouts of the defender is known (and there is no particular urgency)

Selecione uma das seguintes:

By advertisement
By Sheriff officer
Display on the walls of court
First class recorded delivery

Explicação

Questão 50 de 131

1

If the defender is domiciled furth of Europe, what in usual circumstances, is the period of notice for service purposes:

Selecione uma das seguintes:

14 days
21 days
36 days
42 days

Explicação

Questão 51 de 131

1

You act for the pursuer. You have served an initial writ on the defender. The defender has not lodged a notice of intention to defend. What can you do?

Selecione uma das seguintes:

Minute for decree in absence
Lodge a reponing note
Seek summary decree
Seek decree by default

Explicação

Questão 52 de 131

1

Witnesses in an ordinary cause are cited on a period of notice of:

Selecione uma das seguintes:

14 days
28 days
7 days
None of the above

Explicação

Questão 53 de 131

1

You act for the pursuer. The case is calling for the Options Hearing fixed by the form G5 in 1 week’s time. New information has come to light which you want to incorporate into your pleadings at the Options Hearing. What could you do?

Selecione uma das seguintes:

Move that the record be closed and a proof fixed and then lodge a Minute of amendment
Move the court to continue the options hearing or ask that the adjustments be received late at the Options Hearing
Move that the record be closed and a debate fixed and then lodge a Minute of amendment
As no further adjustments will be possible, move that a Minute of amendment be received at the options hearing

Explicação

Questão 54 de 131

1

An initial writ has been served on the defender. The defender has lodged a notice of intention to defend. He then forgets to lodge the defences. What may the Pursuer do?

Selecione uma das seguintes:

Minute for decree in absence
Move for summary decree
Move for decree by default
None of the above

Explicação

Questão 55 de 131

1

A reponing note must set out:

Selecione uma das seguintes:

The proposed defence
An explanation of the defenders failure to appear
Both of the above
None of the above

Explicação

Questão 56 de 131

1

Under the Courts Reforms (Scotland) Act 2014 an interlocutor refusing a reponing note may be appealed:

Selecione uma das seguintes:

To the Sheriff Principal but only with the leave of the sheriff who refused the note
Without leave, to the Sheriff Appeal Court
To the Sheriff Principal and to the Court of Session but only with the leave of the Sheriff who refused the note
With leave, to the Sheriff Appeal Court

Explicação

Questão 57 de 131

1

What form must a defender lodge if he wishes to defend an ordinary Sheriff court action

Selecione uma das seguintes:

A Form 04
A Form 07
A Form G1
A Form G1A

Explicação

Questão 58 de 131

1

On the lodging of a notice of intention to defend, the Sheriff clerk shall fix a date and time for an options hearing which date shall be the first suitable date occurring not sooner than:

Selecione uma das seguintes:

13 weeks
8 weeks
10 weeks
None of the above
after the expiry of the period of notice

Explicação

Questão 59 de 131

1

What is the duty of the Sheriff at the options hearing:

Selecione uma das seguintes:

To secure the expeditious progress of the cause
To secure the expeditious resolution of the cause
To ascertain the factual basis of the action and any defence, and the legal basis on which they proceed and to seek to negotiate and secure settlement of the action between the parties
To fix a proof

Explicação

Questão 60 de 131

1

The structure of defences which include a counterclaim is:

Selecione uma das seguintes:

Answers and pleas in law
Crave, answers to the condescendence, a statement of facts setting out the facts on which the counterclaim is founded and pleas in law
Answers, pleas in law, crave, a statement of facts setting out the facts on which the counterclaim is founded and pleas in law
Crave answers and pleas in law

Explicação

Questão 61 de 131

1

Parties in a Sheriff court ordinary action may adjust their pleadings until:

Selecione uma das seguintes:

3 days before the Options Hearing
2 days before the Options Hearing
14 days before the Options Hearing
The date of the Options Hearing

Explicação

Questão 62 de 131

1

Parties in an ordinary Sheriff court action may amend their pleadings until:

Selecione uma das seguintes:

3 days before the Options Hearing
2 days before the Options Hearing
14 days before the Options Hearing
None of the above

Explicação

Questão 63 de 131

1

In a Sheriff court ordinary action, who is responsible for maintaining a record of adjustments made during the period of adjustment:

Selecione uma das seguintes:

The pursuer
The defender
The Sheriff Clerk
The parties

Explicação

Questão 64 de 131

1

Which items of process must remain in the custody of the Sheriff Clerk:

Selecione uma das seguintes:

The initial writ, interlocutor sheets, productions file and motions file
The initial writ and productions file
The initial writ and motions file
The initial writ, interlocutor sheets, borrowing receipts and the process folder

Explicação

Questão 65 de 131

1

In a Sheriff court ordinary action (under standard Chapter 9 procedure), a certified copy record requires to be lodged in process:

Selecione uma das seguintes:

Not later than 2 days before the Options Hearing
Not later than 3 days before the Options Hearing
Not later than 14 days before the Options Hearing
Within 7 days after the date of the interlocutor closing the record at an Options Hearing

Explicação

Questão 66 de 131

1

In a standard ordinary cause action, a Sheriff may allow a continuation of the options hearing, on one occasion only, for a period not exceeding:

Selecione uma das seguintes:

14 days
8 weeks
28 days
7 days

Explicação

Questão 67 de 131

1

In a standard ordinary cause action, a Sheriff may order that a case proceed under the procedure in Chapter 10:

Selecione uma das seguintes:

On being satisfied that the difficulty or complexity of the cause makes it unsuitable for the procedure under Chapter 9
On being satisfied that there are exceptional reasons for not following Chapter 9 procedure
To secure the expeditious resolution of the cause
None of the above

Explicação

Questão 68 de 131

1

Where a Sheriff at the Options Hearing orders that a cause shall proceed in accordance with Chapter 10 procedure, he shall continue the cause for adjustment for a period of:

Selecione uma das seguintes:

28 days
8 weeks
4 weeks
None of the above

Explicação

Questão 69 de 131

1

Under Chapter 10 procedure, a certified copy of the closed record shall be lodged:

Selecione uma das seguintes:

Within 14 days after the date of the interlocutor closing the record
Within 7 days of the date of the interlocutor closing the record
Not later than 3 days before the Procedural Hearing
Within 21 days after the date of the interlocutor closing the record

Explicação

Questão 70 de 131

1

Under ordinary cause standard procedure, an options hearing shall take place not sooner than 10 weeks after the expiry of the period of notice. A procedural hearing shall take place not sooner than:

Selecione uma das seguintes:

7 days
14 days
21 days
28 days
after the closing of the record.

Explicação

Questão 71 de 131

1

If a party is insisting on a preliminary plea, a note requires to be lodged in process not later than:

Selecione uma das seguintes:

3 days before the options hearing
3 days before the procedural hearing
(a) and (b) above are both correct
None of the above

Explicação

Questão 72 de 131

1

Once the initial writ in a summary application has been served, what happens next?

Selecione uma das seguintes:

The Defender may lodge a Notice of Intention to Defend whereupon the court will fix a court timetable including dates for lodging defences, for making adjustments and fixing an options hearing
The warrant of citation will fix a return day and a calling date
The warrant of citation will fix a notice period and ordain the defender, if he intends to defend the action, to answer the writ within the Sheriff court on a fixed date. Thereafter, if the action is defended, the Sheriff shall make such order as he thinks fit for the progress of the summary application insofar as not inconsistent with s50 of the Sheriff Courts (Scotland) Act 1907
The Pursuer has to wait 21 days before lodging the writ for calling. The Defender, if he intends to defend, must lodge a form of response within 2 days of the writ being lodged with calling. Defences will be due 14 days after that, and then a 10 week adjustment period shall be fixed

Explicação

Questão 73 de 131

1

What is the current (post April 2013) disposable income limit to qualify for civil legal aid?

Selecione uma das seguintes:

(a) If your income, after paying essential expenses such as your mortgage, tax and childcare, is £10,000 or less, you may qualify
(b) If your income, after paying essential expenses such as your mortgage, tax and childcare, is £15,000 or less, you may qualify
(c) If your income, after paying essential expenses such as your mortgage, tax and childcare, is £20,000 or less, you may qualify
(d) If your income, after paying essential expenses such as your mortgage, tax and childcare, is £26,239 or less, you may qualify

Explicação

Questão 74 de 131

1

The upper limit for a crave for payment in simple procedure is:

Selecione uma das seguintes:

£750
£1500
£3000
£5000

Explicação

Questão 75 de 131

1

What is the current(i.e. post Court Reform (Scotland) Act 2014) privative jurisdiction of the sheriff court?

Selecione uma das seguintes:

All causes not exceeding £750 in value exclusive of interest and expenses
All causes not exceeding £1500 in value exclusive of interest and expenses
All causes not exceeding £5000 in value exclusive of interest and expenses
All causes not exceeding £100,000 in value exclusive of interest and expenses

Explicação

Questão 76 de 131

1

Which of the following may not be raised as a commercial action in the Sheriff Court?

Selecione uma das seguintes:

An action relating to the sale or hire purchase of goods
An action relating to the carriage of goods by air
An action relating to a consumer credit transaction
An action relating to a lease

Explicação

Questão 77 de 131

1

A Pursuer elects to adopt the procedure in Chapter 40 O.C.R by bringing an action in Form:

Selecione uma das seguintes:

G1
G6
G7
G1A

Explicação

Questão 78 de 131

1

The lodging of defences in a commercial action triggers the fixing of:

Selecione uma das seguintes:

A Proof
The calling of the Initial Writ
An Options Hearing
A Case Management Conference

Explicação

Questão 79 de 131

1

On the lodging of defences in a commercial action, the Sheriff Clerk fixes a date and time for a case management conference which shall be on the first suitable court day occurring:

Selecione uma das seguintes:

Not sooner than 10 weeks after the expiry of the period of notice
Not sooner than 14 days nor later than 28 days after the expiry of the period of notice
Not later than 21 days before the date assigned for the Proof
Not later than 4 weeks before the date assigned for the Proof

Explicação

Questão 80 de 131

1

The Pursuer, John Smith, raised an action against Brian Brown. The action is raised as a commercial action. As matters progress John Smith asks the court to remit the action to the ordinary cause procedure so that the action may thereafter proceed as an ordinary action under the standard procedure. The pursuer’s motion is refused. John Smith wants to make a further motion to the same effect. On what basis can he do that?

Selecione uma das seguintes:

He cannot, the Sheriff’s decision is final
The Sheriff may consider a subsequent motion if there are exceptional reasons
The pursuer can lodge any number of subsequent motions
No subsequent motion shall be considered except on a material change of circumstances

Explicação

Questão 81 de 131

1

If a Sheriff grants a warrant for interim diligence prior to the Debtor (Defender) being aware of the Application, a hearing under what provision will then be fixed

Selecione uma das seguintes:

Section 15E of the Debtors (Scotland) Act 1987 as amended
Section 15K of the Debtors (Scotland) Act 1987 as amended
Section 15F of the Debtors (Scotland) Act 1987 as amended
Section 15G of the Debtors (Scotland) Act 1987 as amended

Explicação

Questão 82 de 131

1

At a s15K hearing on an application for interim diligence the Sheriff needs to be satisfied

Selecione uma das seguintes:

That the Creditor has a prima facie case on the merits of the action
That it is reasonable in all the circumstances to grant the application
That there is a real and substantial risk that enforcement of any decree would be prejudiced
All of the above

Explicação

Questão 83 de 131

1

If a warrant for interim diligence is granted by the court without a hearing and diligence is executed, for what period will that diligence be effective without the service of an initial writ:

Selecione uma das seguintes:

7 days
14 days
21 days
None of the above – the Initial Writ must be served on the Defender either before or with the interim order

Explicação

Questão 84 de 131

1

Under ordinary cause procedure, a list of documents must be intimated to every other party:

Selecione uma das seguintes:

Within 14 days after the date of the interlocutor allowing Proof
Within 28 days after the date of the interlocutor allowing Proof
Not later than 28 days before the date of the Proof
Not later than 14 days before the date of the Proof

Explicação

Questão 85 de 131

1

Under ordinary cause procedure, all productions intended to be used at Proof (other than the copy set) must be lodged in process:

Selecione uma das seguintes:

Within 14 days after the date of the interlocutor allowing Proof
Within 28 days after the date of the interlocutor allowing Proof
Not later than 28 days before the date of the Proof
Not later than 14 days before the date of the Proof

Explicação

Questão 86 de 131

1

A copy of all productions intended to be used at an ordinary cause Proof must be lodged in process for use by the Sheriff:

Selecione uma das seguintes:

Not later than 3 days before the date of the proof
Not later than 14 days before the date of the proof
Not later than 28 days before the date of the proof
None of the above

Explicação

Questão 87 de 131

1

Which of the following do not require to be lodged in process:

Selecione uma das seguintes:

Precognitions
Inventory of Productions
List of documents
List of Witnesses

Explicação

Questão 88 de 131

1

You act for the Defender in an ordinary cause. The case is proceeding to Proof. You have been told by your client that documents essential to his position are in the hands of the pursuer's Accountant. What documents do you lodge with the court to attempt to recover from the Accountant:

Selecione uma das seguintes:

A motion
A motion and Minute of Amendment
A motion and Specification of documents
A motion and a Notice to Admit

Explicação

Questão 89 de 131

1

You act for the Pursuer in an ordinary cause. You are instructed to move to abandon the action against the Defender. That said the Pursuer thinks that a later action in respect of the same facts and circumstances cannot be ruled out of the question. What do you do?

Selecione uma das seguintes:

Take steps to abandon the action under OCR 23.1 (a)
Take steps to abandon the action under O.C.R 23.1(b)
Withdraw from acting under O.C.R 24
None of the above

Explicação

Questão 90 de 131

1

An ordinary cause is proceeding to Proof. The Defender has lodged a Minute of Tender in process. The sum craved by the Pursuer is £20,000. The sum tendered is £10,000. The case proceeds to proof and following conclusion of the same the Sheriff finds in favour of the Pursuer. He awards the Pursuer £9,500. What answer most accurately describes the position in relation to the expenses the Pursuer is entitled to:

Selecione uma das seguintes:

The Pursuer is liable to the Defender for all expenses
The Pursuer is entitled to judicial expenses as taxed or agreed
The Pursuer is entitled to expenses up to the date of the tender and the Defender is entitled to expenses thereafter
The Pursuer is entitled to expenses up to the date when the tender should reasonably have been accepted

Explicação

Questão 91 de 131

1

A pursuer intimated and lodges a written motion in an ordinary cause. You are instructed to oppose the same. To do so you:

Selecione uma das seguintes:

Lodge Form G6 with the court and intimate to the other party
Lodge Form G7 with the court and intimate to the other party
Lodge Form G8 with the court and intimate to the other party
Lodge Form G9 with the court and intimate to the other party

Explicação

Questão 92 de 131

1

The case is proceeding to an ordinary cause Proof. At the Proof hearing the Pursuer does not turn up and is not represented. What motion could the Defender make for the action to be dismissed:

Selecione uma das seguintes:

Motion to sist
Motion for summary decree
Motion for decree by default
Motion for decree in absence

Explicação

Questão 93 de 131

1

Ordinary Cause Rule 16 [Decree by Default] does not apply in:

Selecione uma das seguintes:

Actions proceeding under O.C.R 33.37 only
Actions proceeding under Chapter 40 only
Both of the above together with actions under OCR33A.37, actions of multiplepoinding and actions under the Presumption of Death(Scotland)Act 1977
None of the above

Explicação

Questão 94 de 131

1

You act for the Pursuer in an ordinary cause. The Defender has defended the action by lodging a NID. Defences have not however been lodged. How do you proceed:

Selecione uma das seguintes:

Motion to sist
Motion for summary decree
Motion for decree by default
Motion for decree in absence

Explicação

Questão 95 de 131

1

You act for the Pursuer in an ordinary cause. The Defender has defended the action. Defences have been lodged however the defences have no real prospect of success. How may you proceed:

Selecione uma das seguintes:

Motion to sist
Motion for summary decree
Motion for decree by default
Motion for decree in absence

Explicação

Questão 96 de 131

1

In an ordinary action proceeding under the standard procedure, what parts of the Initial Writ must be amended in the event of a change requiring to be made prior to the record being closed:

Selecione uma das seguintes:

Instance
Condescendence
Pleas in law
None of the above – an Initial Writ can be adjusted in any way until the Record is closed

Explicação

Questão 97 de 131

1

You act for the Pursuer. You have lodged a Minute of Amendment. You now wish to make an adjustment to the Minute of Amendment which will insert a new preliminary plea in law. When must you lodge a note of the basis for the plea?

Selecione uma das seguintes:

There is no requirement to lodge a note of the basis for the plea
Not later than 3 days before the hearing on the Minute of Amendment and adjustments
Not later than 2 days before the hearing on the Minute of Amendment and adjustments
At the same time as lodging the adjustments to the Minute of Amendment

Explicação

Questão 98 de 131

1

What type of hearing is a feature of Family actions:

Selecione uma das seguintes:

Case Management Conferences
Child Welfare Hearings
Diet of Assessment
Pre Proof Conferences

Explicação

Questão 99 de 131

1

In an action for damages proceeding under Chapter 36 the lodging of defences triggers what?

Selecione uma das seguintes:

The fixing of an Options Hearing
The fixing of a Case Management Conference
The fixing of a diet of Proof
The fixing of a diet of Proof and the issuing of a procedural timetable for the case by way of Form G5

Explicação

Questão 100 de 131

1

In an action of damages for personal injuries productions require to be lodged in process:

Selecione uma das seguintes:

Within 14 days of the date of the interlocutor fixing the Proof
Not later than 28 days before the date of the Proof
By the date specified in Form PI5
Within 8 weeks of the date of the interlocutor fixing the Proof

Explicação

Questão 101 de 131

1

An action for damages under Chapter 36 procedure may be sisted:

Selecione uma das seguintes:

Only on special cause being shown
For a specified period
All of the above
None of the above

Explicação

Questão 102 de 131

1

Chapter 36 procedure provides for:

Selecione uma das seguintes:

Case Management Conference
Pre Proof Conference
Pre Proof Hearing
Options Hearing

Explicação

Questão 103 de 131

1

Pre Proof hearings are a feature of what procedure:

Selecione uma das seguintes:

Standard Ordinary Cause Procedure
Family Actions
Court of Session Procedure
Commercial actions

Explicação

Questão 104 de 131

1

What is the lower jurisdictional limit for Court of Session actions in monetary terms?

Selecione uma das seguintes:

£1,500
£5,000
£50,000
£100,000

Explicação

Questão 105 de 131

1

What is the quorum for judges sitting in the Inner House of the Court of Session?

Selecione uma das seguintes:

3
5
7
9

Explicação

Questão 106 de 131

1

In a Court of Session action what has to be done to a Summons immediately after it has been drafted, before any kind of procedure can follow?

Selecione uma das seguintes:

Served on the Defender
Lodged for calling
Signeted
Intimated to the defender

Explicação

Questão 107 de 131

1

How long does a caveat remain in force?

Selecione uma das seguintes:

6 months
A year
A year and a day
5 years

Explicação

Questão 108 de 131

1

What kind of decree can a Pursuer take when a Defender does not respond to the Summons in a Court of Session action and enter appearance?

Selecione uma das seguintes:

Decree by default
Decree in absence
Summary decree
Decree de plano

Explicação

Questão 109 de 131

1

In a Court of Session action how soon after a Summons has called must a Defender lodge Defences under Ordinary Procedure?

Selecione uma das seguintes:

3 days
7 days
14 days
21 days

Explicação

Questão 110 de 131

1

In a Court of Session action at what type of hearing would a Party debate the relevancy and specification of the other side’s case?

Selecione uma das seguintes:

Procedure Roll
Adjustment Roll
Summar Roll
None of the above

Explicação

Questão 111 de 131

1

The appropriate mode of enquiry, where there are still outstanding issues of relevancy, but evidence requires to be led to decide same, is what?

Selecione uma das seguintes:

Preliminary Proof
Proof before Answer
Jury Trial
Procedure Roll hearing

Explicação

Questão 112 de 131

1

An appeal to the Inner House against a decision of the Lord Ordinary in the Outer House is called a what?

Selecione uma das seguintes:

A reviewing motion
A restating motion
A reclaiming motion
A motion to recall

Explicação

Questão 113 de 131

1

Following the passing of the 2014 Act, what type of action had to be raised when seeking an order to recover possession of heritable property (and no other order except expenses)?

Selecione uma das seguintes:

Court of Session petition
Summary application
Ordinary cause
Simple Procedure

Explicação

Questão 114 de 131

1

The all Scotland sheriff court will sit in Edinburgh and will at present only deal with

Selecione uma das seguintes:

Family matters
Commercial matters
Personal injury matters
None of the above

Explicação

Questão 115 de 131

1

As from 22 September 2015 personal injury actions, where the sum sued for is less than £100,000,

Selecione uma das seguintes:

Must be commenced in the sheriff court having jurisdiction
Must be commenced in the all Scotland sheriff court
May be commenced in the Court of Session
None of the above

Explicação

Questão 116 de 131

1

Following the passing of the 2014 Act, an appeal lies from the final decision of the sheriff to

Selecione uma das seguintes:

the Sheriff Principal
the Lord Ordinary
the Inner House
The Sheriff Appeal Court

Explicação

Questão 117 de 131

1

A final decision of the Sheriff Appeal Court may be appealed to

Selecione uma das seguintes:

The Outer House
The Outer House but only with the permission of the Sheriff Appeal Court failing which with the permission of the Outer House
The Inner house
The Inner House but only with the permission of the Sheriff Appeal Court failing which with the permission of the Outer House

Explicação

Questão 118 de 131

1

Following the passing of the 2014 Act a final decision of the Inner House may be appealed to the

Selecione uma das seguintes:

The Supreme Court
The Supreme Court but only with the permission of the Inner house – no other court can grant permission
The Supreme Court but only with the permission of the Supreme Court – no other court can grant permission
None of the above

Explicação

Questão 119 de 131

1

After 22nd September 2014, the privative jurisdiction of the sheriff court is

Selecione uma das seguintes:

£5000
£150,000
£100,000
£50,000

Explicação

Questão 120 de 131

1

You are instructed to draft proceedings. The pursuer has 3 separate claims. The first is for £30,000. The second is for £40,000 and the third is for £30,000. Where must the action (now) be raised?

Selecione uma das seguintes:

The Sheriff Court
The Court of Session
The action may be raised in either of the above
None of the above

Explicação

Questão 121 de 131

1

You are instructed to act in a personal injury action. The sum sued for is £150,000. Where must the action be raised post-the 2014 Act?

Selecione uma das seguintes:

The all Scotland sheriff court
The Court of Session
The sheriff court
None of the above

Explicação

Questão 122 de 131

1

You are instructed to act in an action of aliment. You act for the pursuer who seeks the payment of school fees. The child of the marriage is 11 years of age. The pursuer seeks aliment at the rate of £13,000 per annum. Where must the action be raised?

Selecione uma das seguintes:

The all Scotland sheriff court
The Court of Session
The sheriff court
None of the above

Explicação

Questão 123 de 131

1

Following the 2014 Act, actions of reduction can only be raised in

Selecione uma das seguintes:

The Court of Session
The sheriff court
Both of the above
None of the above

Explicação

Questão 124 de 131

1

Following the passing of the 2014 Act (and ancillary legislation) civil jury trials are competent in

Selecione uma das seguintes:

the Sheriff Appeal Court and the Court of Session
the sheriff court and the Court of Session
the all Scotland sheriff court and Court of Session
the all Scotland sheriff court and the Sheriff Court

Explicação

Questão 125 de 131

1

The simple procedure will deal with actions with a monetary value up to

Selecione uma das seguintes:

£1,500
£3,000
£5,000
£10,000

Explicação

Questão 126 de 131

1

Following the passing of the 2014 Act (and ancillary legislation) in which court may motions be formally intimated by email in?

Selecione uma das seguintes:

The sheriff court
The all Scotland sheriff court
Both of the above
None of the above

Explicação

Questão 127 de 131

1

The form used for the intimation of motions by email is

Selecione uma das seguintes:

G6
G9
G6A
G9A

Explicação

Questão 128 de 131

1

Intimation of opposition to an motion by email must made by 5pm on

Selecione uma das seguintes:

Court day 2
Court day 3
Court day 4
Court day 5

Explicação

Questão 129 de 131

1

Following the passing of the 2014 Act (and ancillary legislation) personal injury actions in the sheriff court will be progressed in accordance with the provisions of

	Criado por Mairi Innes mais de 8 anos atrás

Quiz sobre Knowledge Quiz, criado por Mairi Innes em 15-11-2015.

Knowledge Quiz

Questão 1 de 131

Prior to the passing of the 2014 Act, what type of action had to be raised when seeking an order to recover possession of heritable property (and no other order except expenses)?

Selecione uma das seguintes:

Explicação

Questão 2 de 131

What type of action would you raise when seeking an order under s1 of the Administration of Justice (Scotland) Act 1972 (and no other order except expenses)?

Selecione uma das seguintes:

Explicação

Questão 3 de 131

You are instructed by Mrs McGlumphie, residing at 30 Wisteria Lane, Glasgow to sue Mr Speedy, residing at 12 Main Street, Paisley in relation to a personal injury claim arising out of an accident which took place in Aberdeen. Which of the following narrates the possible grounds of jurisdiction?

Selecione uma das seguintes:

Explicação

Questão 4 de 131

You act for the pursuer in an ordinary cause and forget to lodge the Record in terms of rule 9.11. What is a possible consequence of this?

Selecione uma das seguintes:

Explicação

Questão 5 de 131

When are defences due in a commercial action?

Selecione uma das seguintes:

Explicação

Questão 6 de 131

You act for the defender in an ordinary cause. After the record was closed at the options hearing, new information came to light (after the options hearing has taken place), which you required to be incorporated into your case. How could such information be incorporated?

Selecione uma das seguintes:

Explicação

Questão 7 de 131

What does brevitatis causa mean?

Selecione uma das seguintes:

Explicação

Questão 8 de 131

What does res judicata mean?

Selecione uma das seguintes:

Explicação

Questão 9 de 131

In an ordinary cause, under the appropriate provisions of the Courts Reform (Scotland) Act 2014, which of the following interlocutors is not appealable to the Sheriff Appeal Court without leave?

Selecione uma das seguintes:

Explicação

Questão 10 de 131

At an options hearing, which of the following is not an option available unless a note of basis of preliminary pleas has been lodged by either party?

Selecione uma das seguintes:

Explicação

Questão 11 de 131

Selecione uma das seguintes:

Explicação

Questão 12 de 131

In an ordinary cause action, when must lists of witnesses be exchanged by the parties?

Selecione uma das seguintes:

Explicação

Questão 13 de 131

You act for the pursuer in an ordinary cause action. The defender is a party litigant. You wish to move a written motion (not an e-motion) to sist the action. Which of the following methods of intimation of your motion are available to you?

Selecione uma das seguintes:

Explicação

Questão 14 de 131

In an ordinary action, a pursuer may move for summary decree if:

Selecione uma das seguintes:

Explicação

Questão 15 de 131

The test to be satisfied in seeking an order for caution under the Companies Act 1985 is:

Selecione uma das seguintes:

Explicação

Questão 16 de 131

You act for the Pursuer in an ordinary cause action. You have learned that your client’s debtor has certain assets, including a number of heritable properties in Scotland. What order would you seek to prevent the debtor voluntarily disposing of such assets?

Selecione uma das seguintes:

Explicação

Questão 17 de 131

At a child welfare hearing it is the sheriff’s duty to:

Selecione uma das seguintes:

Explicação

Questão 18 de 131

In what type of action must parties attend personally at an options hearing?

Selecione uma das seguintes:

Explicação

Questão 19 de 131

In an action for damages for personal injury under the Ordinary Cause Rules 1993, a diet of proof is fixed:

Selecione uma das seguintes:

Explicação

Questão 20 de 131

In the event that either party fails to comply with any requirement of the timetable fixed in relation to personal injuries procedure under the Ordinary Cause Rules 1993, which of the following will happen?

Selecione uma das seguintes: