Civil Litigation MCQ

.docx

School

University of Melbourne *

*We aren’t endorsed by this school

Course

ETHICS

Subject

Law

Date

Feb 20, 2024

Type

docx

Pages

Uploaded by SuperValorWildcat36

Civil Litigation MCQ Which of the following would you consider as an appropriate Level 4 fact, going to the element “performance of the contract”? Select one answer only. The colt was delivered to the defendant. Which of the following would you consider as an appropriate Level 5 evidence, going to the element “terms”? Select one answer only. Oral or affidavit evidence of Jason Maxwell. Which alternative below should not be included in the letter? Select one answer only. You must pay our costs in addition to the amount owing to our client. Which alternative below, would best describe the nature of Jason’s claim? Select one answer only. The claim is liquidated, as Wayne owes Jason the amount of $143,000 including GST. Which alternative below best describes the purpose of the certificate? Select one answer only. To discourage pleading matters that are do not have a proper basis. A County Court application for preliminary discovery is normally made by way of: An Originating Motion. Which alternative below, best describes the response you should provide? Select one answer only. If no appearance is filed, within 10 days from service of the writ and statement of claim, then we can apply for a default judgment, without the need for a hearing. Which of the following is correct? Select one answer only. You can amend the statement of claim once before the close of pleadings; or at any time, by leave of the Court or with the consent of all other parties. What does this mean? Select one answer only The costs of an application will be payable by the party who is ordered to pay the costs at the final hearing. Which of the following statements is correct? Select one answer only. If you do not disclose costs to the client, the client need not pay the costs. Which of the following is NOT usually allowed as a party/party (standard) cost? Select one answer only. Cost of an expert report not served. Which alternative below best describes the response that should be given to Jason? Select one answer only. If he wins his case, there will likely be a costs order against the defendant who will have to pay party/party (standard) costs, however Jason will still have to pay his own solicitor/client costs subject to the overriding discretion of the court with respect to costs . How many horses, per year, does the plaintiff sell? Which alternative below, best describes the response you should provide? Select one answer only. This is not a proper request as it is irrelevant to these proceedings. Please provide the citations for the cases which lay down the principles of contract you rely upon in this particular claim. Which alternative below, best describes the response you should provide? Select one answer only. This is not a proper request as it is a matter of law. Consider whether you should respond to the request. Which of the alternatives below, best describes your position? Select one answer only. The request is reasonable and should be answered.

Which of the following statement is correct? Select one answer only. The paragraph can be held to be wholly inadmissible because it contains an opinion and a conclusion. Which alternative below best describes how you should deal with this? Select one answer only. At the hearing, cross examine Wayne Higgins about the paragraph. Which alternative below, best describes the argument that Jason (as the plaintiff in the proceedings in which the subpoena has been issued) could put to the court on a possible motion to set aside such a subpoena? Select one answer only. Its terms are too wide and therefore oppressive and so should not be complied with. Which of the following statements applies to a Notice to Produce to Court? Select one answer only. A Notice to Produce to Court can only be served on another party to the proceedings. Which alternative below best describes the possible costs consequences for Jason if he rejects the offer? Select one answer only. If Jason rejects the offer and Jason obtains a judgment as favourable or less favourable than the offer, then Jason should be entitled to his costs on a standard basis up to the date of the offer, but Wayne will be entitled to an order that Jason pay his costs on an indemnity basis from the date of the offer. Paragraph 3 of the statement of claim contains an allegation of fact that the defendant (Wayne) knows to be true. Given those instructions, what should the defendant plead in his defence? Select one answer only. The defendant admits paragraph 3. Paragraph 6 of the statement of claim served on the defendant (Wayne) contains an allegation of fact that the defendant knows is not true. Given those instructions, what should the defendant plead in his defence? Select one answer only. The defendant denies paragraph 6. Paragraph 7 of the statement of claim contains an allegation of fact that the defendant doesn’t know whether is true or not, but is not prepared to concede the allegation is true and requires the plaintiff (Jason) to be put to proof of that allegation. Given those instructions, what should the defendant plead in his defence? Select one answer only. The defendant does not admit paragraph 7. The parties manage to resolve the matter by negotiation, four weeks before the hearing. Wayne Higgins agrees to pay Jason Maxwell $90,000, inclusive of costs. Which of the following alternatives will NOT be sufficient to protect the parties following the settlement? Select one answer only. Notice of discontinuance. In a separate matter, you are preparing a County Court Affidavit of Service, in relation to the service of a Summons and an affidavit in support of the Summons. Consider the document(s), if any that need to be exhibited with the Affidavit of Service. Which of the following answers best describes the documents to be exhibited? Select one answer only. There is no need to exhibit any documents, as the court will have copies of both that you have filed. Ms Sarah Cameron rang. She attended 240 La Trobe Street, Camberwell Vic today. The office appeared to be empty and there was mail already pushed under the front door. She placed the document under the front door with the other mail. She wanted to know if there was anything else you wanted her to do. The ASIC company search shows the registered office address of Excellent Pty Ltd to be 240 la Trobe Street, Camberwell Vic 3124. Which of the following statements is correct? Select one answer

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help