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Chapter 8 Multiple choice questions
Return to English Legal System Concentrate 2e Student Resources
Chapter 8 Multiple choice questions
The Civil Justice System
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Which of the following is an accurate statement of the courts powers in relation to Alternative Dispute Resolution(ADR)?
The court can force parties to engage in ADR
correct
incorrect
The court cannot force parties to engage in ADR and has no power to sanction them for failing to do so
correct
incorrect
The court cannot force parties to engage in ADR but does have the power to sanction them for failing to do so
correct
incorrect
None of the options given is correct
correct
incorrect
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Which of the following is the most accurate description of arbitration?
An informal meeting between the parties involving a discussion as to how the issue may be resolved
correct
incorrect
An adjudicative process where the parties submit their dispute, for a binding decision, to an impartial tribunal.
correct
incorrect
A meeting between the parties where an impartial third party facilitates discussions
correct
incorrect
None of the options given is correct
correct
incorrect
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In civil proceedings, when is a case officially started?
When the defence has served their acknowledgement of service
correct
incorrect
When the claim form is served on the defence
correct
incorrect
When the claimant files the claim form
correct
incorrect
When a court issues a claim form at the request of the claimant
correct
incorrect
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Within what time period must the claim form be served and if not served at the same time, when must the particulars of claim be served?
The claim form must be served within four months of issuing and the particulars of claim must be served with it. There is no availability for the particulars to be served after the claim form
correct
incorrect
The claim form must be served within four weeks of issuing and the particulars of claim must be served within 7 days if not already served with the claim form
correct
incorrect
The claim form must be served within four months of issuing and the particulars of claim must be served within 14 days if not already served with the claim form
correct
incorrect
The claim form must be served within four weeks of issuing and the particulars of claim must be served within 14 days if not already served with the claim form
correct
incorrect
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Which of the following accurately reflects the situation where the County Court and High Court shares concurrent jurisdiction in a case?
The claimant has the choice as to where proceedings are commenced
correct
incorrect
The County Court will be allocated to the claimant's case
correct
incorrect
The High Court will be allocated to the claimant's case
correct
incorrect
The defendant has the choice as to where proceedings are commenced
correct
incorrect
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Which of the following accurately reflects the law regarding defendant admissions under the Civil Procedure Rules 1998?
At any time, the defence may admit the whole or part of the claimant's case. There are no formalities to comply with
correct
incorrect
At any time, the defence may admit the whole or part of the claimant's case. In order to do so, however, their admission must be in writing
correct
incorrect
The defence may only admit the whole or part of the claimant's case before the case has gone to trial. In order to do so the admission must be in writing.
correct
incorrect
At any time, the defence may admit the whole or part of the claimant's case. In order to do so, however, their admission must be made orally before a trial judge
correct
incorrect
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Mark, a claimant, seeks compensation of £15,000 for personal injury against Claire. Mark's counsel is aware that the trial may take at least three days. On which track would the case be heard?
Fast track
correct
incorrect
Small-claims track
correct
incorrect
Either the fast track or small-claims track
correct
incorrect
Multi-track
correct
incorrect
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Which of the following is
not
a condition for a Part 36 offer to be valid?
The offer must be pre-approved by the trial judge
correct
incorrect
The offer must be in writing
correct
incorrect
The offer must state on its face that it is intended to be a Part 36 offer
correct
incorrect
The offer must state whether it takes into account any counterclaim
correct
incorrect
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Which of the following are the most accurate descriptions of default and summary judgment?
Default judgment occurs where the defendant has filed a defence but the defence has no real prospect of succeeding. Summary judgment occurs where the defendant has not filed a defence or an acknowledgement of service
correct
incorrect
Default judgment and summary judgment are synonymous
correct
incorrect
Summary judgment may occur where the defendant has filed a defence but the defence has no real prospect of succeeding. Default judgment occurs where the defendant has not filed a defence or an acknowledgement of service
correct
incorrect
None of the options given is correct
correct
incorrect
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The Ombudsman is responsible for investigating what kind of conduct?
Maladministration
correct
incorrect
Poor administration
correct
incorrect
Deficient administration
correct
incorrect
None of the options given is correct
correct
incorrect
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