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Civil Litigation Question Bank
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Civil Litigation Question Bank
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25 Questions

1. You act for the Pursuer in an ordinary cause action. You have learned that your client's debtor may be selling his heritable property. Which type of diligence operates to prevent heritable property being sold while an action is in dependence?

2. In a chapter 36 action a diet of proof is fixed...

3. In terms of OCR 36G1(1A)(g) what must be done within 14 days of the interlocutor allowing a proof or proof before answer?

4. 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 be raised?

5. Which Chapter of the 1994 Rules governs Petitions?

6. An ordinary cause is proceeding to Proof. The Defender has lodged a Minute of Tender in process. The sum craved by the Pursuer is £50,000. The sum tendered is £30,000. The case proceeds to proof and following conclusion of the same the Sheriff finds in favour of the Pursuer. He awards the Pursuer £29,500. What answer most accurately describes the position in relation to the expenses the Pursuer is entitled to:

7. In terms of Court of Session procedure a Procedure Roll hearing is the equivalent of?

8. Defences in an ordinary cause action require to be lodged...

9. Non business pursuers may be entitled to...

10. Which form is used in ordinary cause procedure to intimate the last date for lodging defences?

11. In a sheriff court ordinary cause action, lists of witnesses must be exchanged...

12. In sheriff court Personal Injury procedure what must be lodged with the court within 28 days after the date of the interlocutor allowing a proof or proof before answer?

13. The process folder includes

14. Which form is used in ordinary cause procedure to intimate the last date for adjustment?

15. If the period for lodging a Notice of Intention to Defend has expired and the defender has not defended the action but wishes to do so, what can the defender do?

16. An appeal to the Sheriff Appeal Court is commenced by way of appeal in Form...

17. An action of payment for the sum of £25,000 cannot be raised as:

18. Which of the following actions must be raised in the Court of Session:

19. true or false: no evidence is lead at a debate

20. You act for the pursuer who was injured in an accident at work. You instructed a report from a consultant eye surgeon. What best describes the circumstances in which the cost of the report be recoverable from the unsuccessful party:

21. Form PI2 is?

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

23. 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?

24. A rule 22 note must be lodged not later than...

25. If a summons is not executed (served) within a year and a day after the date of signetting...