Test
Knowledge Quiz
Este test tiene tiempo límite, así que se abre en el reproductor de siempre.
Preguntas del test (131)
1Prior 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)?
- ASmall claim
- BSummary cause
- CSummary application
- DOrdinary cause
2What 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)?
- ASimple Procedure
- BSummary cause
- CSummary application
- DOrdinary cause
3You 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?
- ADomicile of pursuer or place of accident
- BDomicile of defender or place of accident
- CDomicile of pursuer or domicile of defender
- DDomicile of pursuer or domicile of defender or place of accident
4You 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?
- AThe sheriff may grant decree of dismissal or absolvitor or such other order as he thinks fit to secure the expeditious progress of the cause.
- BThere are no consequences provided the Record is produced at the options hearing
- CThe options hearing will be continued
- DDecree de plano will be granted
5When are defences due in a commercial action?
- AThe date stated in the G5
- B7 days after the period of notice expires
- C14 days after the period of notice expires
- D21 days after the period of notice expires
6You 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?
- ABy seeking a continued options hearing
- BBy moving a minute of amendment
- CBy seeking to have the case appointed to additional procedure
- DBy adjustment
7What does brevitatis causa mean?
- ABy default
- BFor the sake of brevity
- CA matter already judged
- DIncorporated
8What does res judicata mean?
- ANo jurisdiction
- BA matter already judged
- CIrrelevant
- DLacking in specification
9In 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?
- AAn interlocutor granting interim decree for payment of money
- BAn interlocutor refusing to allow a minute of amendment
- CAn interlocutor refusing a reponing note
- DAn interlocutor sisting an action
10At 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?
- AA continuation of the options hearing
- BAdditional procedure under Chapter 10
- CA debate
- DA proof
11You 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?
- AAs denied by the defender
- BAs admitted by the defender
- CAs outwith the defender’s knowledge
- DThe Pursuer will still be required to lead evidence in support of such statements
12In an ordinary cause action, when must lists of witnesses be exchanged by the parties?
- AWithin 28 days after the interlocutor allowing a proof or proof before answer
- BWithin 14 days after the interlocutor allowing a proof or proof before answer
- CAt least 14 days before the diet of proof or proof before answer
- DAt least 7 days before the diet of proof or proof before answer
13You 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?
- AFirst class ordinary post
- BFirst class recorded delivery post or service by sheriff officer
- CFax
- DPersonal delivery by courier
14In an ordinary action, a pursuer may move for summary decree if:
- AThe defender fails to lodge defences on the due date;
- BThere exists no compelling reason why summary decree should not be granted at that stage, and no other reason;
- CThe defender’s case has no real prospect of success, an no other reason;
- DNone of the above
15The test to be satisfied in seeking an order for caution under the Companies Act 1985 is:
- AA 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
- BThe 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
- CThe 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
- DThe 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
16You 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?
- AArrestment on the dependence
- BInhibition on the dependence
- CInterim attachment
- DCaution
17At a child welfare hearing it is the sheriff’s duty to:
- ASeek to secure the expeditious resolution of the dispute between the parties
- BSeek to secure the expeditious progress of the action
- CSeek to secure the expeditious resolution of disputes in relation to the child
- DSeek to mediate between the relevant parties
18In what type of action must parties attend personally at an options hearing?
- AOrdinary Cause
- BFamily Action
- CAction for damages
- DCommercial action
19In an action for damages for personal injury under the Ordinary Cause Rules 1993, a diet of proof is fixed:
- AAt the options hearing
- BAt a case management conference
- CUpon a notice of intention to defend being lodged
- DUpon defences being lodged
20In 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?
- AThe other party may move for decree by default
- BThe sheriff clerk shall fix a date and time for the parties to be heard by the sheriff
- CThe action will be dismissed
- DThe sheriff may, of his own motion, dismiss the action/grant decree as appropriate or make an award of expenses as he thinks fit
21What happens at a pre-proof conference?
- AThe parties (or their solicitors) discuss settlement of the action and agree, so far as possible, the matters which are not in dispute between them
- BThe 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
- CThe sheriff shall seek to secure the expeditious resolution of disputes in relation to any child
- DThe sheriff shall seek to secure the expeditious progress of the action
22When must the first case management conference in a commercial action take place?
- ANot sooner than 14 days after the period of notice expires
- BNot sooner than 14 days after a notice of intention to defend is lodged
- CNot later than 28 days after a notice of intention to defend is lodged
- DNot sooner than 14 days, nor later than 28 days, after the period of notice expires
23What is the period of notice in a motion for summary decree in a commercial action?
- A48 hours
- B7 days
- C14 days
- D21 days
24Which of the following is true in relation to a case management conference?
- AIt must take place in court
- BParties must attend personally
- CIt can take place by conference call between the sheriff and solicitors
- DIt must be carried out in private
25If, 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:
- ARepelled at the options hearing
- BRepelled after a debate
- CReserved until a later date
- DConsidered at proof
26You 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:
- AA small claim
- BA summary cause
- CAn ordinary cause
- DSimple procedure
27What options are open to the Sheriff at a (first) options hearing where no Rule 22 note has been lodged?
- ADebate, proof before answer, proof, continuation or additional procedure
- BProof before answer, proof, continuation or additional procedure
- CProof before answer, debate or proof
- DProof, continuation of the Options Hearing or additional procedure
28What methods of service are available when serving an initial writ upon a defender?
- AFirst class ordinary post, which failing Sheriff officer, which failing walls of court or newspaper advert
- BFirst class recorded delivery post, which failing Sheriff officer, which failing walls of court or newspaper advert
- CRegistered post, which failing Sheriff officer, which failing walls of court or newspaper advert
- DRegistered post, which failing fax, which failing Sheriff officer or walls of court
29Which type of diligence operates to freeze moveable assets of the debtor in the hands of third parties?
- AInterim Attachment
- BInhibition
- CArrestment
- DMoney Attachment
30Which forms (in addition to an initial writ) must be used in an application for diligence on the dependence?
- AForm O7
- BForm G4A
- CForm G6 and G4A
- DForm G6 and G7
31You 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)?
- AHis passport/ photographic drivers licence and two of either utilities bills and/ or bank statements
- BA copy of his passport/ photographic drivers licence and two of either utilities bill and/or bank statements
- CHis passport/ drivers licence only
- DAny form of photographic identification
32You 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?
- ASMITH for the defender moved and hereby moves the court to sist the action
- BSMITH for the defender moved and hereby moves the court to freeze the action
- CSMITH for the defender moved and hereby moves the court to sist the action to allow the defender to make further enquiries and for negotiation
- DSMITH for the defender moved and hereby moves the court to sist the action, it being reasonable to do so
33It 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?
- AProduce 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
- BSeek a further continuation of the options hearing
- CSeek to fix a debate
- DThere is nothing you can do
34Your 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?
- APrepare, lodge and serve an appeal
- BPrepare, lodge and serve a reponing note
- CPrepare, lodge and serve a motion to have a notice of intention to defend received, although late
- DThere is nothing you can do
35If a defender intends to counterclaim in an ordinary cause action, when must he do it?
- AWhen lodging defences
- BBefore the Record closes
- CWhen lodging defences, during the period of adjustment or later, by amendment, with leave of the Sheriff
- DAt any time provided leave of the Sheriff is granted.
36In 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?
- AWhen the adjustment is intimated to the other side
- B14 days after the date of the interlocutor allowing a proof
- C28 days before any diet of proof
- D48 hours before any diet of proof
37You act for a defender who has been served with a Court of Session summons. When must you enter appearance on his behalf?
- AWithin 7 days of the summons being served
- BWithin 14 days of the summons being served
- CWithin 21 days of the summons being served
- DWithin 3 days of the date on which the summons called
38You act for a defender who has been served with a Court of Session summons. When must defences be lodged?
- AWithin 7 days after the period of notice expires
- BWithin 14 days after the period of notice expires
- CWithin 21 days of the summons being served
- DWithin 7 days of the date on which the summons called
39Which types of civil procedure are a feature of Court of Session procedure only:
- ADeclaratory Actions
- BPersonal injury action
- CCommercial actions
- DJudicial Review
40(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:
- ASimple procedure
- BSummary application
- CAn action under Chapter 36 of the Ordinary Cause Rules
- DAn ordinary action under the standard Chapter 9 procedure
41Following 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:
- AA commercial action in the sheriff court
- BAn ordinary action in the sheriff court
- CA commercial action in the Court of Session
- DA 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.
42The fees payable by a client to his solicitor for the conduct of the court action are known as:
- AAgent/client expenses
- BJudicial expenses
- CParty/party expenses
- DNone of the above
43Ordinary cause proceedings in the Sheriff court, under the standard Chapter 9 procedure, are commenced by way of:
- ASummons
- BInitial Writ in form G1
- CInitial Writ in form G1A
- DInitial Writ in form PI1
44The structure of an initial writ in the case of a personal injury action under Chapter 36 is:
- AHeading, instance, crave, condescendence and pleas in law
- BHeading, instance, crave and condescendence
- CHeading, instance, crave, statement of facts and pleas in law
- DHeading, instance, crave and statement of claim
45The 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?
- AEdinburgh sheriff court only
- BGlasgow sheriff court only
- CGlasgow or Elgin sheriff court only
- DEdinburgh or Elgin sheriff court only
46Clydeside 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?
- AEdinburgh only
- BHamilton only
- CKilmarnock only
- DNone of the above.
47(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?
- ARule 1, Schedule 8, 1982 Civil Jurisdiction and Judgement Act
- BRule 2, Schedule 8, 1982 Civil Jurisdiction and Judgement Act
- CRule 3, Schedule 8, 1982 Civil Jurisdiction and Judgement Act
- DRule 6, Schedule 8, 1982 Civil Jurisdiction and Judgement Act
48Which is the most accurate statement of the law, “ a consumer may bring proceedings in”:
- AThe courts for the place in which the defender is domiciled
- BThe courts for the place in which he himself ( the consumer) is domiciled
- C(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)
- DNone of the above
49Which 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)
- ABy advertisement
- BBy Sheriff officer
- CDisplay on the walls of court
- DFirst class recorded delivery
50If the defender is domiciled furth of Europe, what in usual circumstances, is the period of notice for service purposes:
- A14 days
- B21 days
- C36 days
- D42 days
51You 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?
- AMinute for decree in absence
- BLodge a reponing note
- CSeek summary decree
- DSeek decree by default
52Witnesses in an ordinary cause are cited on a period of notice of:
- A14 days
- B28 days
- C7 days
- DNone of the above
53You 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?
- AMove that the record be closed and a proof fixed and then lodge a Minute of amendment
- BMove the court to continue the options hearing or ask that the adjustments be received late at the Options Hearing
- CMove that the record be closed and a debate fixed and then lodge a Minute of amendment
- DAs no further adjustments will be possible, move that a Minute of amendment be received at the options hearing
54An 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?
- AMinute for decree in absence
- BMove for summary decree
- CMove for decree by default
- DNone of the above
55A reponing note must set out:
- AThe proposed defence
- BAn explanation of the defenders failure to appear
- CBoth of the above
- DNone of the above
56Under the Courts Reforms (Scotland) Act 2014 an interlocutor refusing a reponing note may be appealed:
- ATo the Sheriff Principal but only with the leave of the sheriff who refused the note
- BWithout leave, to the Sheriff Appeal Court
- CTo the Sheriff Principal and to the Court of Session but only with the leave of the Sheriff who refused the note
- DWith leave, to the Sheriff Appeal Court
57What form must a defender lodge if he wishes to defend an ordinary Sheriff court action
- AA Form 04
- BA Form 07
- CA Form G1
- DA Form G1A
58On 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:
- A13 weeks
- B8 weeks
- C10 weeks
- DNone of the above
after the expiry of the period of notice
59What is the duty of the Sheriff at the options hearing:
- ATo secure the expeditious progress of the cause
- BTo secure the expeditious resolution of the cause
- CTo 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
- DTo fix a proof
60The structure of defences which include a counterclaim is:
- AAnswers and pleas in law
- BCrave, answers to the condescendence, a statement of facts setting out the facts on which the counterclaim is founded and pleas in law
- CAnswers, pleas in law, crave, a statement of facts setting out the facts on which the counterclaim is founded and pleas in law
- DCrave answers and pleas in law
61Parties in a Sheriff court ordinary action may adjust their pleadings until:
- A3 days before the Options Hearing
- B2 days before the Options Hearing
- C14 days before the Options Hearing
- DThe date of the Options Hearing
62Parties in an ordinary Sheriff court action may amend their pleadings until:
- A3 days before the Options Hearing
- B2 days before the Options Hearing
- C14 days before the Options Hearing
- DNone of the above
63In a Sheriff court ordinary action, who is responsible for maintaining a record of adjustments made during the period of adjustment:
- AThe pursuer
- BThe defender
- CThe Sheriff Clerk
- DThe parties
64Which items of process must remain in the custody of the Sheriff Clerk:
- AThe initial writ, interlocutor sheets, productions file and motions file
- BThe initial writ and productions file
- CThe initial writ and motions file
- DThe initial writ, interlocutor sheets, borrowing receipts and the process folder
65In a Sheriff court ordinary action (under standard Chapter 9 procedure), a certified copy record requires to be lodged in process:
- ANot later than 2 days before the Options Hearing
- BNot later than 3 days before the Options Hearing
- CNot later than 14 days before the Options Hearing
- DWithin 7 days after the date of the interlocutor closing the record at an Options Hearing
66In a standard ordinary cause action, a Sheriff may allow a continuation of the options hearing, on one occasion only, for a period not exceeding:
- A14 days
- B8 weeks
- C28 days
- D7 days
67In a standard ordinary cause action, a Sheriff may order that a case proceed under the procedure in Chapter 10:
- AOn being satisfied that the difficulty or complexity of the cause makes it unsuitable for the procedure under Chapter 9
- BOn being satisfied that there are exceptional reasons for not following Chapter 9 procedure
- CTo secure the expeditious resolution of the cause
- DNone of the above
68Where 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:
- A28 days
- B8 weeks
- C4 weeks
- DNone of the above
69Under Chapter 10 procedure, a certified copy of the closed record shall be lodged:
- AWithin 14 days after the date of the interlocutor closing the record
- BWithin 7 days of the date of the interlocutor closing the record
- CNot later than 3 days before the Procedural Hearing
- DWithin 21 days after the date of the interlocutor closing the record
70Under 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:
- A7 days
- B14 days
- C21 days
- D28 days
after the closing of the record.
71If a party is insisting on a preliminary plea, a note requires to be lodged in process not later than:
- A3 days before the options hearing
- B3 days before the procedural hearing
- C(a) and (b) above are both correct
- DNone of the above
72Once the initial writ in a summary application has been served, what happens next?
- AThe 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
- BThe warrant of citation will fix a return day and a calling date
- CThe 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
- DThe 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
73What is the current (post April 2013) disposable income limit to qualify for civil legal aid?
- A(a) If your income, after paying essential expenses such as your mortgage, tax and childcare, is £10,000 or less, you may qualify
- B(b) If your income, after paying essential expenses such as your mortgage, tax and childcare, is £15,000 or less, you may qualify
- C(c) If your income, after paying essential expenses such as your mortgage, tax and childcare, is £20,000 or less, you may qualify
- D(d) If your income, after paying essential expenses such as your mortgage, tax and childcare, is £26,239 or less, you may qualify
74The upper limit for a crave for payment in simple procedure is:
- A£750
- B£1500
- C£3000
- D£5000
75What is the current(i.e. post Court Reform (Scotland) Act 2014) privative jurisdiction of the sheriff court?
- AAll causes not exceeding £750 in value exclusive of interest and expenses
- BAll causes not exceeding £1500 in value exclusive of interest and expenses
- CAll causes not exceeding £5000 in value exclusive of interest and expenses
- DAll causes not exceeding £100,000 in value exclusive of interest and expenses
76Which of the following may not be raised as a commercial action in the Sheriff Court?
- AAn action relating to the sale or hire purchase of goods
- BAn action relating to the carriage of goods by air
- CAn action relating to a consumer credit transaction
- DAn action relating to a lease
77A Pursuer elects to adopt the procedure in Chapter 40 O.C.R by bringing an action in Form:
- AG1
- BG6
- CG7
- DG1A
78The lodging of defences in a commercial action triggers the fixing of:
- AA Proof
- BThe calling of the Initial Writ
- CAn Options Hearing
- DA Case Management Conference
79On 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:
- ANot sooner than 10 weeks after the expiry of the period of notice
- BNot sooner than 14 days nor later than 28 days after the expiry of the period of notice
- CNot later than 21 days before the date assigned for the Proof
- DNot later than 4 weeks before the date assigned for the Proof
80The 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?
- AHe cannot, the Sheriff’s decision is final
- BThe Sheriff may consider a subsequent motion if there are exceptional reasons
- CThe pursuer can lodge any number of subsequent motions
- DNo subsequent motion shall be considered except on a material change of circumstances
81If 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
- ASection 15E of the Debtors (Scotland) Act 1987 as amended
- BSection 15K of the Debtors (Scotland) Act 1987 as amended
- CSection 15F of the Debtors (Scotland) Act 1987 as amended
- DSection 15G of the Debtors (Scotland) Act 1987 as amended
82At a s15K hearing on an application for interim diligence the Sheriff needs to be satisfied
- AThat the Creditor has a prima facie case on the merits of the action
- BThat it is reasonable in all the circumstances to grant the application
- CThat there is a real and substantial risk that enforcement of any decree would be prejudiced
- DAll of the above
83If 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:
- A7 days
- B14 days
- C21 days
- DNone of the above – the Initial Writ must be served on the Defender either before or with the interim order
84Under ordinary cause procedure, a list of documents must be intimated to every other party:
- AWithin 14 days after the date of the interlocutor allowing Proof
- BWithin 28 days after the date of the interlocutor allowing Proof
- CNot later than 28 days before the date of the Proof
- DNot later than 14 days before the date of the Proof
85Under ordinary cause procedure, all productions intended to be used at Proof (other than the copy set) must be lodged in process:
- AWithin 14 days after the date of the interlocutor allowing Proof
- BWithin 28 days after the date of the interlocutor allowing Proof
- CNot later than 28 days before the date of the Proof
- DNot later than 14 days before the date of the Proof
86A copy of all productions intended to be used at an ordinary cause Proof must be lodged in process for use by the Sheriff:
- ANot later than 3 days before the date of the proof
- BNot later than 14 days before the date of the proof
- CNot later than 28 days before the date of the proof
- DNone of the above
87Which of the following do not require to be lodged in process:
- APrecognitions
- BInventory of Productions
- CList of documents
- DList of Witnesses
88You 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:
- AA motion
- BA motion and Minute of Amendment
- CA motion and Specification of documents
- DA motion and a Notice to Admit
89You 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?
- ATake steps to abandon the action under OCR 23.1 (a)
- BTake steps to abandon the action under O.C.R 23.1(b)
- CWithdraw from acting under O.C.R 24
- DNone of the above
90An 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:
- AThe Pursuer is liable to the Defender for all expenses
- BThe Pursuer is entitled to judicial expenses as taxed or agreed
- CThe Pursuer is entitled to expenses up to the date of the tender and the Defender is entitled to expenses thereafter
- DThe Pursuer is entitled to expenses up to the date when the tender should reasonably have been accepted
91A pursuer intimated and lodges a written motion in an ordinary cause. You are instructed to oppose the same. To do so you:
- ALodge Form G6 with the court and intimate to the other party
- BLodge Form G7 with the court and intimate to the other party
- CLodge Form G8 with the court and intimate to the other party
- DLodge Form G9 with the court and intimate to the other party
92The 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:
- AMotion to sist
- BMotion for summary decree
- CMotion for decree by default
- DMotion for decree in absence
93Ordinary Cause Rule 16 [Decree by Default] does not apply in:
- AActions proceeding under O.C.R 33.37 only
- BActions proceeding under Chapter 40 only
- CBoth of the above together with actions under OCR33A.37, actions of multiplepoinding and actions under the Presumption of Death(Scotland)Act 1977
- DNone of the above
94You 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:
- AMotion to sist
- BMotion for summary decree
- CMotion for decree by default
- DMotion for decree in absence
95You 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:
- AMotion to sist
- BMotion for summary decree
- CMotion for decree by default
- DMotion for decree in absence
96In 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:
- AInstance
- BCondescendence
- CPleas in law
- DNone of the above – an Initial Writ can be adjusted in any way until the Record is closed
97You 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?
- AThere is no requirement to lodge a note of the basis for the plea
- BNot later than 3 days before the hearing on the Minute of Amendment and adjustments
- CNot later than 2 days before the hearing on the Minute of Amendment and adjustments
- DAt the same time as lodging the adjustments to the Minute of Amendment
98What type of hearing is a feature of Family actions:
- ACase Management Conferences
- BChild Welfare Hearings
- CDiet of Assessment
- DPre Proof Conferences
99In an action for damages proceeding under Chapter 36 the lodging of defences triggers what?
- AThe fixing of an Options Hearing
- BThe fixing of a Case Management Conference
- CThe fixing of a diet of Proof
- DThe fixing of a diet of Proof and the issuing of a procedural timetable for the case by way of Form G5
100In an action of damages for personal injuries productions require to be lodged in process:
- AWithin 14 days of the date of the interlocutor fixing the Proof
- BNot later than 28 days before the date of the Proof
- CBy the date specified in Form PI5
- DWithin 8 weeks of the date of the interlocutor fixing the Proof
101An action for damages under Chapter 36 procedure may be sisted:
- AOnly on special cause being shown
- BFor a specified period
- CAll of the above
- DNone of the above
102Chapter 36 procedure provides for:
- ACase Management Conference
- BPre Proof Conference
- CPre Proof Hearing
- DOptions Hearing
103Pre Proof hearings are a feature of what procedure:
- AStandard Ordinary Cause Procedure
- BFamily Actions
- CCourt of Session Procedure
- DCommercial actions
104What is the lower jurisdictional limit for Court of Session actions in monetary terms?
- A£1,500
- B£5,000
- C£50,000
- D£100,000
105What is the quorum for judges sitting in the Inner House of the Court of Session?
- A3
- B5
- C7
- D9
106In 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?
- AServed on the Defender
- BLodged for calling
- CSigneted
- DIntimated to the defender
107How long does a caveat remain in force?
- A6 months
- BA year
- CA year and a day
- D5 years
108What 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?
- ADecree by default
- BDecree in absence
- CSummary decree
- DDecree de plano
109In a Court of Session action how soon after a Summons has called must a Defender lodge Defences under Ordinary Procedure?
- A3 days
- B7 days
- C14 days
- D21 days
110In a Court of Session action at what type of hearing would a Party debate the relevancy and specification of the other side’s case?
- AProcedure Roll
- BAdjustment Roll
- CSummar Roll
- DNone of the above
111The appropriate mode of enquiry, where there are still outstanding issues of relevancy, but evidence requires to be led to decide same, is what?
- APreliminary Proof
- BProof before Answer
- CJury Trial
- DProcedure Roll hearing
112An appeal to the Inner House against a decision of the Lord Ordinary in the Outer House is called a what?
- AA reviewing motion
- BA restating motion
- CA reclaiming motion
- DA motion to recall
113 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)?
- ACourt of Session petition
- BSummary application
- COrdinary cause
- DSimple Procedure
114The all Scotland sheriff court will sit in Edinburgh and will at present only deal with
- AFamily matters
- BCommercial matters
- CPersonal injury matters
- DNone of the above
115As from 22 September 2015 personal injury actions, where the sum sued for is less than £100,000,
- AMust be commenced in the sheriff court having jurisdiction
- BMust be commenced in the all Scotland sheriff court
- CMay be commenced in the Court of Session
- DNone of the above
116Following the passing of the 2014 Act, an appeal lies from the final decision of the sheriff to
- Athe Sheriff Principal
- Bthe Lord Ordinary
- Cthe Inner House
- DThe Sheriff Appeal Court
117A final decision of the Sheriff Appeal Court may be appealed to
- AThe Outer House
- BThe Outer House but only with the permission of the Sheriff Appeal Court failing which with the permission of the Outer House
- CThe Inner house
- DThe Inner House but only with the permission of the Sheriff Appeal Court failing which with the permission of the Outer House
118Following the passing of the 2014 Act a final decision of the Inner House may be appealed to the
- AThe Supreme Court
- BThe Supreme Court but only with the permission of the Inner house – no other court can grant permission
- CThe Supreme Court but only with the permission of the Supreme Court – no other court can grant permission
- DNone of the above
119After 22nd September 2014, the privative jurisdiction of the sheriff court is
- A£5000
- B£150,000
- C£100,000
- D£50,000
120You 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?
- AThe Sheriff Court
- BThe Court of Session
- CThe action may be raised in either of the above
- DNone of the above
121You 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?
- AThe all Scotland sheriff court
- BThe Court of Session
- CThe sheriff court
- DNone of the above
122You 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?
- AThe all Scotland sheriff court
- BThe Court of Session
- CThe sheriff court
- DNone of the above
123Following the 2014 Act, actions of reduction can only be raised in
- AThe Court of Session
- BThe sheriff court
- CBoth of the above
- DNone of the above
124Following the passing of the 2014 Act (and ancillary legislation) civil jury trials are competent in
- Athe Sheriff Appeal Court and the Court of Session
- Bthe sheriff court and the Court of Session
- Cthe all Scotland sheriff court and Court of Session
- Dthe all Scotland sheriff court and the Sheriff Court
125The simple procedure will deal with actions with a monetary value up to
- A£1,500
- B£3,000
- C£5,000
- D£10,000
126Following the passing of the 2014 Act (and ancillary legislation) in which court may motions be formally intimated by email in?
- AThe sheriff court
- BThe all Scotland sheriff court
- CBoth of the above
- DNone of the above
127The form used for the intimation of motions by email is
- AG6
- BG9
- CG6A
- DG9A
128Intimation of opposition to an motion by email must made by 5pm on
- ACourt day 2
- BCourt day 3
- CCourt day 4
- DCourt day 5
129Following 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
- AChapter 36 or Chapter 9
- BChapter 36A or Chapter 9
- CChapter 36 or 36 A
- DNone of the above
130Chapter 36A actions proceed by way of an initial Writ in which form?
- AForm PI1
- BPI1A
- CG1
- DG1A
131A written statement is a feature of what type of action
- AOne proceeding under Chapter 9
- BOne proceeding under Chapter 36
- COne proceeding under Chapter 36A
- DOne proceeding under Chapter 36B
Información
- Descripción
- Test sobre Knowledge Quiz, creado por Mairi Innes el 15/11/2015.
- Autor
- Mairi Innes
- Idioma
- English
- Visitas
- 56
- Valoración
- 5,0 de 5 · 2 valoraciones Valora este test