Year 11 Civil Procedure

Which of the following is NOT an example of a remedy?

• Damages

• Orders of Specific Performance

• Injunctions

• Fines

What is a statute of limitations?

• Time the defendant has since the alleged wrong to commence legal proceedings.

• Time the Plaintiff has since the alleged wrong to commence legal proceedings.

• Judges only have a limited time in which to interpret civil statutes.

• Time a statute has before it becomes irrelevant to a civil proceeding.

What is the standard of proof in a civil trial?

• On the balance of probabilities

• Beyond reasonable doubt

• Plaintiff

• Defendant

Which party bears the onus of proof in a civil trial?

• On the balance of probabilities

• The Prosecution

• Plaintiff

• Defendant

Which of the 3 documents below are classified as pleadings documents?

• Interrogatories

• Statement of claim

• Memorandum of appearance

• Writ

Which 2 of the documents below is issued by the Defendant in the civil pre-trial process?

• Statement of claim

• Counterclaim

• Memorandum of appearance

• Writ

"A written statement confirmed by oath, for use as evidence in court" is known as...

• A court order

• An affidavit

• A warrant

• An interrogatory

Which stage of civil pre-trial process sees the parties disclosing evidence to one another?

• Certificate of readiness

• Statement of defence

• Discovery

• None of the above

Which of the following is NOT a type of Alternative Dispute Resolution (ADR)?

• Negotiation

• Arbitration

• Mediation

• Litigation

Reforms made to the civil pre-trial stage in 2010 require judges to do what?

• Instruct parties to engage in ADR

• Force parties to proceed to trial at all costs

• Allow surprise evidence to be admitted at trial

• Instruct parties to fight in a battle to the death