Deck 6: The Civil Process

Question 1

The threshold for the small claims track is very strict and cannot be altered

Answer 1

False

Question 2

Which of the following are TRUE of the small claims procedure?

A) It is a cheap mechanism
B) It usually concerns small-scale consumer disputes
C) If the litigation continues to trial it is usually held in open court
D) It is a simple mechanism
E) There are many complex rules about the admissibility of evidence

Answer 2

A,B,D
Explanation:Small claims are simply, cheap and usually aim to resolve small-scale consumer disputes. If the litigation continues to trial, it is usually held in private rather than in open courts with few rules about the admissability of evidence

Question 3

Which of the following statements about practice directions are TRUE?

A) They tell parties and their representatives what the court will expect of them in respect of documents to be filed in court for a particular purpose, and how they must
B) They follow all previous practice directions in relation to civil process
C) They play an important role in the new civil process
D) They supplement the CPR, giving the latter fine detail
E) They tell the parties what they can expect of the court

Answer 3

A,C,D,E
Explanation:Pratice directions supersede all previous practice directions in relation to civil process, not follow them

Question 4

The new Civil Procedure Rules (CPR) 1998 changed some of the features of the civil process. Match up these new features with their meaning
-The Case Control

A)Some matters are expressly reserved to certain courts
B)Cases are allocated to one of three tracks for a hearing, that is, small claims, fast track or multitrack, depending on the value and complexity of the claim
C)Most claims will be begun by a multipurpose form and the provision of a response pack, and the requirement that an allocation questionnaire is completed is intended to simplify and expedite matters
D)The progress of cases is monitored by using a computerised diary monitoring system

Question 5

The new Civil Procedure Rules (CPR) 1998 changed some of the features of the civil process. Match up these new features with their meaning
-Court Allocation

A)Some matters are expressly reserved to certain courts
B)Cases are allocated to one of three tracks for a hearing, that is, small claims, fast track or multitrack, depending on the value and complexity of the claim
C)Most claims will be begun by a multipurpose form and the provision of a response pack, and the requirement that an allocation questionnaire is completed is intended to simplify and expedite matters
D)The progress of cases is monitored by using a computerised diary monitoring system

Question 6

The new Civil Procedure Rules (CPR) 1998 changed some of the features of the civil process. Match up these new features with their meaning
-Court Tracking

A)Some matters are expressly reserved to certain courts
B)Cases are allocated to one of three tracks for a hearing, that is, small claims, fast track or multitrack, depending on the value and complexity of the claim
C)Most claims will be begun by a multipurpose form and the provision of a response pack, and the requirement that an allocation questionnaire is completed is intended to simplify and expedite matters
D)The progress of cases is monitored by using a computerised diary monitoring system

Question 7

The new Civil Procedure Rules (CPR) 1998 changed some of the features of the civil process. Match up these new features with their meaning
-The Documentation and Procedures

A)Some matters are expressly reserved to certain courts
B)Cases are allocated to one of three tracks for a hearing, that is, small claims, fast track or multitrack, depending on the value and complexity of the claim
C)Most claims will be begun by a multipurpose form and the provision of a response pack, and the requirement that an allocation questionnaire is completed is intended to simplify and expedite matters
D)The progress of cases is monitored by using a computerised diary monitoring system

Question 8

Match up the 'track' with the valuation of the claims it deals with
-Small claims track

A)Claims up to £5,000
B)Claims between £5,00 and £15,000
C)Claims over £15,000

Question 9

Match up the 'track' with the valuation of the claims it deals with
-Fast track

A)Claims up to £5,001
B)Claims between £5,00 and £15,001
C)Claims over £15,001

Question 10

Match up the 'track' with the valuation of the claims it deals with
-Multi-track

A)Claims up to £5,002
B)Claims between £5,00 and £15,002
C)Claims over £15,002

Question 11

Explain how civil proceedings are started and describe which court a claimant must begin their claim

Question 12

Pre-action protocols (PAPs) are an important feature of the civil procedure reforms, however what is their purpose?

Question 13

What were the findings of the Woolf inquiry and why did they find that change was needed?

Question 14

The ___ claims track is for cases worth under £5000

Question 15

The fast track is for cases worth between £5,000 and £25,000, which are not expected to need a trial lasting more than ___

Question 16

Lord Justice ___ carried out a review of the rules and procedures of the civil courts in England and Wales in 1994?

Question 17

Fast-track cases are usually dealth with by the ___ Court

Question 18

The emphasis of the new Civil Procedure Rules was on ___ settlements

Question 19

To push the parties into behaving reasonably during the pre-trial stage, pre-action ___ have been developed

Question 20

Which case sets out the rules concerning when the Court of Appeal (Civil Division) is bound by its previous decisions?

A) Morelle v. Wakeling (1955) 2 QB 379
B) Young v. Bristol Aeroplane (1944) KB 718
C) Practice Statement (1966) 1 WLR 1234
D) R v. Gould (1968) 2 QB 65
E) A v. Secretary of State for the Home Department (2005) UKHL 71

Question 21

Which debt recovery service was established in 2002 to deal with claims over the Internet for sums up to £100,000?

A) Debt Recovery Online
B) Government Money Recovery
C) Small Claims Debt Recovery
D) Money Claim Online
E) Financial Claim Service

Question 22

The Supreme Court does not bind itself

Question 23

The handling of small claims is largely unchanged by the Woolf reforms

Question 24

For personal injury actions a claim can only be started in the High Court where the claimant expects to recover at least £50,000

Question 25

Appeals may only be made by the defending party in a civil dispute

Question 26

A survey by the National Consumer Council in 1995 found that three out of four people in serious legal disputes were dissatisfi ed with the civil justice system

Question 27

The small claims track is for cases worth under how much?

A) 1000
B) 3000
C) 5000
D) 10000
E) 15000

Question 28

Cases involving large sums of money or raising difficult points of law follow which civil procedure?

A) Multi-track
B) Small claims
C) Complex claims
D) Substantial track
E) Fast track

Question 29

What is old the name for the first formal stage of a civil proceeding is normally the issue and service of a claim form?

A) Declaration
B) Intention
C) Notice
D) Summons
E) Writ

Question 30

Who carried out a significant review into the civil justice system in 1996 and subsequently published a report titled 'Access to Justice'?

A) Lord Hoffmann
B) Lord Woolf
C) Lord Bingham
D) Lord Hope
E) Lord Denning

Question 31

Which rules came into force in 1999 and constituted a fundamental reform of the civil justice system?

A) Civil Justice Rules
B) Access to Justice Rules
C) Woolf Reforms and Rules
D) Civil Procedure Rules
E) Civil Proceedings and Justice Rules

Question 32

What is the most common remedy in civil justice cases?

A) Specific Performance
B) Court orders
C) Damages
D) Imprisonment
E) Injunction

Question 33

What was the name of the final report which was published Lord Woolf in July 1996?

A) A closer look at civil procedure
B) Equality for the Masses
C) Civil Courts Unveiled
D) Justice and Fairness
E) Access to Justice

Question 34

The purpose of a ___ is to decide a timetable for the trial itself, including the evidence to be allowed and whether this should be given orally; instructions about the content of any trial bundles (bundles of documents including evidence, such as written statements, for the judge to read) and confi rming a realistic time estimate for the trial itself