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Knowledge Quiz

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Quiz on Knowledge Quiz, created by Mairi Innes on 15/11/2015.
Mairi Innes
Quiz by Mairi Innes, updated more than 1 year ago
Mairi Innes
Created by Mairi Innes over 8 years ago
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Resource summary

Question 1

Question
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)?
Answer
  • Small claim
  • Summary cause
  • Summary application
  • Ordinary cause

Question 2

Question
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)?
Answer
  • Simple Procedure
  • Summary cause
  • Summary application
  • Ordinary cause

Question 3

Question
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?
Answer
  • 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

Question 4

Question
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?
Answer
  • 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

Question 5

Question
When are defences due in a commercial action?
Answer
  • 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

Question 6

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

Question 7

Question
What does brevitatis causa mean?
Answer
  • By default
  • For the sake of brevity
  • A matter already judged
  • Incorporated

Question 8

Question
What does res judicata mean?
Answer
  • No jurisdiction
  • A matter already judged
  • Irrelevant
  • Lacking in specification

Question 9

Question
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?
Answer
  • 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

Question 10

Question
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?
Answer
  • A continuation of the options hearing
  • Additional procedure under Chapter 10
  • A debate
  • A proof

Question 11

Question
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?
Answer
  • 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

Question 12

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

Question 13

Question
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?
Answer
  • First class ordinary post
  • First class recorded delivery post or service by sheriff officer
  • Fax
  • Personal delivery by courier

Question 14

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

Question 15

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

Question 16

Question
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?
Answer
  • Arrestment on the dependence
  • Inhibition on the dependence
  • Interim attachment
  • Caution

Question 17

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

Question 18

Question
In what type of action must parties attend personally at an options hearing?
Answer
  • Ordinary Cause
  • Family Action
  • Action for damages
  • Commercial action

Question 19

Question
In an action for damages for personal injury under the Ordinary Cause Rules 1993, a diet of proof is fixed:
Answer
  • At the options hearing
  • At a case management conference
  • Upon a notice of intention to defend being lodged
  • Upon defences being lodged

Question 20

Question
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?
Answer
  • 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

Question 21

Question
What happens at a pre-proof conference?
Answer
  • 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

Question 22

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

Question 23

Question
What is the period of notice in a motion for summary decree in a commercial action?
Answer
  • 48 hours
  • 7 days
  • 14 days
  • 21 days

Question 24

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

Question 25

Question
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:
Answer
  • Repelled at the options hearing
  • Repelled after a debate
  • Reserved until a later date
  • Considered at proof

Question 26

Question
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:
Answer
  • A small claim
  • A summary cause
  • An ordinary cause
  • Simple procedure

Question 27

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

Question 28

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

Question 29

Question
Which type of diligence operates to freeze moveable assets of the debtor in the hands of third parties?
Answer
  • Interim Attachment
  • Inhibition
  • Arrestment
  • Money Attachment

Question 30

Question
Which forms (in addition to an initial writ) must be used in an application for diligence on the dependence?
Answer
  • Form O7
  • Form G4A
  • Form G6 and G4A
  • Form G6 and G7

Question 31

Question
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)?
Answer
  • 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

Question 32

Question
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?
Answer
  • 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

Question 33

Question
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?
Answer
  • 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

Question 34

Question
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?
Answer
  • 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

Question 35

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

Question 36

Question
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?
Answer
  • 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

Question 37

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

Question 38

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

Question 39

Question
Which types of civil procedure are a feature of Court of Session procedure only:
Answer
  • Declaratory Actions
  • Personal injury action
  • Commercial actions
  • Judicial Review

Question 40

Question
(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:
Answer
  • Simple procedure
  • Summary application
  • An action under Chapter 36 of the Ordinary Cause Rules
  • An ordinary action under the standard Chapter 9 procedure

Question 41

Question
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:
Answer
  • 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.

Question 42

Question
The fees payable by a client to his solicitor for the conduct of the court action are known as:
Answer
  • Agent/client expenses
  • Judicial expenses
  • Party/party expenses
  • None of the above

Question 43

Question
Ordinary cause proceedings in the Sheriff court, under the standard Chapter 9 procedure, are commenced by way of:
Answer
  • Summons
  • Initial Writ in form G1
  • Initial Writ in form G1A
  • Initial Writ in form PI1

Question 44

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

Question 45

Question
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?
Answer
  • Edinburgh sheriff court only
  • Glasgow sheriff court only
  • Glasgow or Elgin sheriff court only
  • Edinburgh or Elgin sheriff court only

Question 46

Question
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?
Answer
  • Edinburgh only
  • Hamilton only
  • Kilmarnock only
  • None of the above.

Question 47

Question
(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?
Answer
  • 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

Question 48

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

Question 49

Question
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)
Answer
  • By advertisement
  • By Sheriff officer
  • Display on the walls of court
  • First class recorded delivery

Question 50

Question
If the defender is domiciled furth of Europe, what in usual circumstances, is the period of notice for service purposes:
Answer
  • 14 days
  • 21 days
  • 36 days
  • 42 days

Question 51

Question
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?
Answer
  • Minute for decree in absence
  • Lodge a reponing note
  • Seek summary decree
  • Seek decree by default

Question 52

Question
Witnesses in an ordinary cause are cited on a period of notice of:
Answer
  • 14 days
  • 28 days
  • 7 days
  • None of the above

Question 53

Question
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?
Answer
  • 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

Question 54

Question
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?
Answer
  • Minute for decree in absence
  • Move for summary decree
  • Move for decree by default
  • None of the above

Question 55

Question
A reponing note must set out:
Answer
  • The proposed defence
  • An explanation of the defenders failure to appear
  • Both of the above
  • None of the above

Question 56

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

Question 57

Question
What form must a defender lodge if he wishes to defend an ordinary Sheriff court action
Answer
  • A Form 04
  • A Form 07
  • A Form G1
  • A Form G1A

Question 58

Question
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:
Answer
  • 13 weeks
  • 8 weeks
  • 10 weeks
  • None of the above after the expiry of the period of notice

Question 59

Question
What is the duty of the Sheriff at the options hearing:
Answer
  • 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

Question 60

Question
The structure of defences which include a counterclaim is:
Answer
  • 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

Question 61

Question
Parties in a Sheriff court ordinary action may adjust their pleadings until:
Answer
  • 3 days before the Options Hearing
  • 2 days before the Options Hearing
  • 14 days before the Options Hearing
  • The date of the Options Hearing

Question 62

Question
Parties in an ordinary Sheriff court action may amend their pleadings until:
Answer
  • 3 days before the Options Hearing
  • 2 days before the Options Hearing
  • 14 days before the Options Hearing
  • None of the above

Question 63

Question
In a Sheriff court ordinary action, who is responsible for maintaining a record of adjustments made during the period of adjustment:
Answer
  • The pursuer
  • The defender
  • The Sheriff Clerk
  • The parties

Question 64

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

Question 65

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

Question 66

Question
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:
Answer
  • 14 days
  • 8 weeks
  • 28 days
  • 7 days

Question 67

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

Question 68

Question
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:
Answer
  • 28 days
  • 8 weeks
  • 4 weeks
  • None of the above

Question 69

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

Question 70

Question
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:
Answer
  • 7 days
  • 14 days
  • 21 days
  • 28 days after the closing of the record.

Question 71

Question
If a party is insisting on a preliminary plea, a note requires to be lodged in process not later than:
Answer
  • 3 days before the options hearing
  • 3 days before the procedural hearing
  • (a) and (b) above are both correct
  • None of the above

Question 72

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

Question 73

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

Question 74

Question
The upper limit for a crave for payment in simple procedure is:
Answer
  • £750
  • £1500
  • £3000
  • £5000

Question 75

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

Question 76

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

Question 77

Question
A Pursuer elects to adopt the procedure in Chapter 40 O.C.R by bringing an action in Form:
Answer
  • G1
  • G6
  • G7
  • G1A

Question 78

Question
The lodging of defences in a commercial action triggers the fixing of:
Answer
  • A Proof
  • The calling of the Initial Writ
  • An Options Hearing
  • A Case Management Conference

Question 79

Question
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:
Answer
  • 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

Question 80

Question
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?
Answer
  • 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

Question 81

Question
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
Answer
  • 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

Question 82

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

Question 83

Question
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:
Answer
  • 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

Question 84

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

Question 85

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

Question 86

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

Question 87

Question
Which of the following do not require to be lodged in process:
Answer
  • Precognitions
  • Inventory of Productions
  • List of documents
  • List of Witnesses

Question 88

Question
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:
Answer
  • A motion
  • A motion and Minute of Amendment
  • A motion and Specification of documents
  • A motion and a Notice to Admit

Question 89

Question
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?
Answer
  • 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

Question 90

Question
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:
Answer
  • 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

Question 91

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

Question 92

Question
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:
Answer
  • Motion to sist
  • Motion for summary decree
  • Motion for decree by default
  • Motion for decree in absence

Question 93

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

Question 94

Question
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:
Answer
  • Motion to sist
  • Motion for summary decree
  • Motion for decree by default
  • Motion for decree in absence

Question 95

Question
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:
Answer
  • Motion to sist
  • Motion for summary decree
  • Motion for decree by default
  • Motion for decree in absence

Question 96

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

Question 97

Question
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?
Answer
  • 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

Question 98

Question
What type of hearing is a feature of Family actions:
Answer
  • Case Management Conferences
  • Child Welfare Hearings
  • Diet of Assessment
  • Pre Proof Conferences

Question 99

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

Question 100

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

Question 101

Question
An action for damages under Chapter 36 procedure may be sisted:
Answer
  • Only on special cause being shown
  • For a specified period
  • All of the above
  • None of the above

Question 102

Question
Chapter 36 procedure provides for:
Answer
  • Case Management Conference
  • Pre Proof Conference
  • Pre Proof Hearing
  • Options Hearing

Question 103

Question
Pre Proof hearings are a feature of what procedure:
Answer
  • Standard Ordinary Cause Procedure
  • Family Actions
  • Court of Session Procedure
  • Commercial actions

Question 104

Question
What is the lower jurisdictional limit for Court of Session actions in monetary terms?
Answer
  • £1,500
  • £5,000
  • £50,000
  • £100,000

Question 105

Question
What is the quorum for judges sitting in the Inner House of the Court of Session?
Answer
  • 3
  • 5
  • 7
  • 9

Question 106

Question
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?
Answer
  • Served on the Defender
  • Lodged for calling
  • Signeted
  • Intimated to the defender

Question 107

Question
How long does a caveat remain in force?
Answer
  • 6 months
  • A year
  • A year and a day
  • 5 years

Question 108

Question
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?
Answer
  • Decree by default
  • Decree in absence
  • Summary decree
  • Decree de plano

Question 109

Question
In a Court of Session action how soon after a Summons has called must a Defender lodge Defences under Ordinary Procedure?
Answer
  • 3 days
  • 7 days
  • 14 days
  • 21 days

Question 110

Question
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?
Answer
  • Procedure Roll
  • Adjustment Roll
  • Summar Roll
  • None of the above

Question 111

Question
The appropriate mode of enquiry, where there are still outstanding issues of relevancy, but evidence requires to be led to decide same, is what?
Answer
  • Preliminary Proof
  • Proof before Answer
  • Jury Trial
  • Procedure Roll hearing

Question 112

Question
An appeal to the Inner House against a decision of the Lord Ordinary in the Outer House is called a what?
Answer
  • A reviewing motion
  • A restating motion
  • A reclaiming motion
  • A motion to recall

Question 113

Question
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)?
Answer
  • Court of Session petition
  • Summary application
  • Ordinary cause
  • Simple Procedure

Question 114

Question
The all Scotland sheriff court will sit in Edinburgh and will at present only deal with
Answer
  • Family matters
  • Commercial matters
  • Personal injury matters
  • None of the above

Question 115

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

Question 116

Question
Following the passing of the 2014 Act, an appeal lies from the final decision of the sheriff to
Answer
  • the Sheriff Principal
  • the Lord Ordinary
  • the Inner House
  • The Sheriff Appeal Court

Question 117

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

Question 118

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

Question 119

Question
After 22nd September 2014, the privative jurisdiction of the sheriff court is
Answer
  • £5000
  • £150,000
  • £100,000
  • £50,000

Question 120

Question
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?
Answer
  • The Sheriff Court
  • The Court of Session
  • The action may be raised in either of the above
  • None of the above

Question 121

Question
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?
Answer
  • The all Scotland sheriff court
  • The Court of Session
  • The sheriff court
  • None of the above

Question 122

Question
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?
Answer
  • The all Scotland sheriff court
  • The Court of Session
  • The sheriff court
  • None of the above

Question 123

Question
Following the 2014 Act, actions of reduction can only be raised in
Answer
  • The Court of Session
  • The sheriff court
  • Both of the above
  • None of the above

Question 124

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

Question 125

Question
The simple procedure will deal with actions with a monetary value up to
Answer
  • £1,500
  • £3,000
  • £5,000
  • £10,000

Question 126

Question
Following the passing of the 2014 Act (and ancillary legislation) in which court may motions be formally intimated by email in?
Answer
  • The sheriff court
  • The all Scotland sheriff court
  • Both of the above
  • None of the above

Question 127

Question
The form used for the intimation of motions by email is
Answer
  • G6
  • G9
  • G6A
  • G9A

Question 128

Question
Intimation of opposition to an motion by email must made by 5pm on
Answer
  • Court day 2
  • Court day 3
  • Court day 4
  • Court day 5

Question 129

Question
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
Answer
  • Chapter 36 or Chapter 9
  • Chapter 36A or Chapter 9
  • Chapter 36 or 36 A
  • None of the above

Question 130

Question
Chapter 36A actions proceed by way of an initial Writ in which form?
Answer
  • Form PI1
  • PI1A
  • G1
  • G1A

Question 131

Question
A written statement is a feature of what type of action
Answer
  • One proceeding under Chapter 9
  • One proceeding under Chapter 36
  • One proceeding under Chapter 36A
  • One proceeding under Chapter 36B
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