CIV 1 - Pre-Action Considerations
38 Questions
2 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What principle does Order 3 Rule 1.3 emphasize regarding court orders?

  • The court must abandon traditional practices in favor of new methods.
  • The court must seek to achieve the ideals in all its orders. (correct)
  • The court should only consider past case law when making orders.
  • The court should prioritize speed over accuracy in its orders.

What does Order 2 of the New Rules of Court 2021 provide?

  • A comprehensive list of all past court decisions.
  • The forms required for filing various documents.
  • An overview of the civil litigation process from start to finish. (correct)
  • Detailed instructions on compensatory damages.

Which of the following statements about the new rules of court is correct?

  • The equivalent rules in the new court rules are identical to the old rules.
  • All cases concluded under the old rules are still relevant under the new rules.
  • The new rules of court were implemented without any transitional provisions.
  • The new rules may affect the interpretation of past case law. (correct)

With regard to practice directions, which version should be referred to for matters governed by the Rules of Court 2021?

<p>Supreme Court practice directions 2021. (A)</p> Signup and view all the answers

Where can the forms for various court documents be found under the new rules?

<p>In appendix A to the Supreme Court practice directions 2021. (A)</p> Signup and view all the answers

What type of documents are the circulars issued by the Supreme Court and State Court meant to clarify?

<p>Important rules of practice for legal practitioners. (D)</p> Signup and view all the answers

What is one of the first matters to consider before starting an action in court?

<p>Managing the relationship with the client. (D)</p> Signup and view all the answers

Which of the following is NOT a recommended initial step in civil litigation?

<p>Judge the credibility of the opposing party (A)</p> Signup and view all the answers

What must be documented to have a record in case of a dispute?

<p>Client's instructions (A)</p> Signup and view all the answers

What is the importance of determining a cause of action?

<p>It helps in deciding the litigation strategy (A)</p> Signup and view all the answers

Under the Rules of Code 2021, what is a party required to consider before starting an action?

<p>Amicable resolution (C)</p> Signup and view all the answers

Which document governs the limitation period for a cause of action?

<p>Limitation Act of 1959 (D)</p> Signup and view all the answers

What does an 'offer of amicable resolution' include?

<p>Settling the action or appeal outside of court (A)</p> Signup and view all the answers

What risk does a time-barred action represent for a claimant?

<p>It could hinder the ability to recover damages (D)</p> Signup and view all the answers

What is essential to check for to avoid conflicts of interest?

<p>Previous engagements with any involved parties (C)</p> Signup and view all the answers

What is required to extend the validity of an original claim if it has not been served?

<p>An application under Order 6, Rule 3.2 (D)</p> Signup and view all the answers

How many times may the court extend the validity of an originating claim?

<p>Twice, for three months each time (D)</p> Signup and view all the answers

What is needed alongside an originating application?

<p>A supporting affidavit containing necessary evidence (C)</p> Signup and view all the answers

What is the main feature of the procedure for an originating application?

<p>It is much more straightforward than other processes (A)</p> Signup and view all the answers

Which forms can be used for filing an originating application?

<p>Forms 15 and 16 of Appendix A (D)</p> Signup and view all the answers

What provision allows a matter commenced by originating application to change its status?

<p>The court’s discretion under special provisions (D)</p> Signup and view all the answers

What is the primary purpose of service in a legal context?

<p>To bring legal documents to the party’s attention (D)</p> Signup and view all the answers

What should one refer to for rules about the duration for which an originating application is valid for service?

<p>Order 6, Rule 5 (D)</p> Signup and view all the answers

Which is NOT a requirement for an originating application?

<p>Providing evidence from all witnesses (A)</p> Signup and view all the answers

What is the purpose of the affidavit of evidence in chief (AIC) in the context of the Rules of Court 2014?

<p>To provide a written account of a witness's testimony for the trial. (D)</p> Signup and view all the answers

Under the new Rules of Court 2021, what does Order 9, Rule 8 allow the Court to do?

<p>Permit early exchange of AICs once jurisdictional challenges have been resolved. (C)</p> Signup and view all the answers

What is a primary intention behind requiring witnesses to file their AICs early in the proceedings?

<p>To have witnesses present their evidence from memory without reliance on documents. (B)</p> Signup and view all the answers

What must parties indicate in their pre-case conference questionnaire regarding AICs?

<p>Their opinion on the necessity of filing AICs before document production. (B)</p> Signup and view all the answers

What does Order 9 Rule 8 state regarding the relationship between AICs and document disclosure?

<p>The Court has the discretion to require AICs before document disclosure. (D)</p> Signup and view all the answers

What must be included in the defendant's defense regarding a counterclaim?

<p>The counterclaim must be included in the defense on the merits. (B)</p> Signup and view all the answers

What is the deadline for the claimant to file a defense to the counterclaim?

<p>14 days after being served. (A)</p> Signup and view all the answers

Which form is used for the defense to the counterclaim?

<p>Form 13 from Appendix A. (A)</p> Signup and view all the answers

What is the consequence of a claimant failing to file a defense to a counterclaim?

<p>The defendant can apply for judgment in default. (D)</p> Signup and view all the answers

In the context of a counterclaim, how do the roles of claimant and defendant shift?

<p>The defendant becomes the claimant for the counterclaim. (D)</p> Signup and view all the answers

What is the primary focus of Form 13 as mentioned in the context of defenses?

<p>It specifies what must be included and excluded in the defense document. (C)</p> Signup and view all the answers

How many rounds of pleadings does the process entail by default as mentioned?

<p>One round of pleadings. (B)</p> Signup and view all the answers

Which rule of the court is referenced in regard to the timeline for filing a defense to a counterclaim?

<p>Order 6, Rule 9. (A)</p> Signup and view all the answers

What does the claimant's statement of claim signify in the overall pleadings process?

<p>It initiates the first round of pleadings. (A)</p> Signup and view all the answers

Flashcards

New Rules of Court 2021

The updated set of rules governing civil court proceedings in Singapore, effective April 1, 2022.

Supreme Court Practice Directions 2021

Specific guidelines issued by the Supreme Court for procedures and handling court documents under the 2021 rules

Civil Litigation Process

Series of steps involved in a civil case, from filing a claim to reaching a conclusion.

Case law

Court decisions that interpret and clarify laws and rules.

Signup and view all the flashcards

Supreme Court Practice Directions 2013

Earlier guidelines issued by the Supreme Court regarding court procedures and documents.

Signup and view all the flashcards

Forms of Documents

Pre-set templates for legal documents needed in courts, like lawsuits and orders.

Signup and view all the flashcards

Circulars (Supreme Court, State Court, Law Society)

Official notices from these entities that provide important information about legal practice.

Signup and view all the flashcards

Civil Litigation Engagement

Initial steps in civil litigation, including documenting engagement terms, checking for conflicts of interest, and performing anti-money laundering checks.

Signup and view all the flashcards

Cause of Action

Legal basis for a claim in a civil case, a key issue to consider at the beginning.

Signup and view all the flashcards

Limitation Period

Time limit for filing a civil lawsuit, which impacts both claimants and defendants.

Signup and view all the flashcards

Amicable Resolution

Process of resolving a dispute without going to court, vital in civil cases.

Signup and view all the flashcards

Conflict of Interest

Situations where a lawyer's interests might clash with the client's in a civil dispute.

Signup and view all the flashcards

Client Instructions

Documentation of the client's instructions in a civil case, crucial for potential disputes.

Signup and view all the flashcards

Anti-Money Laundering Checks

Checks to prevent or detect the use of illegal money in a civil case.

Signup and view all the flashcards

Order 5, Rule 11 (2021)

Rule requiring parties to consider amicable resolution of civil cases.

Signup and view all the flashcards

Offer of Amicable Resolution

Formal offer to settle a dispute outside of court in a civil case.

Signup and view all the flashcards

Defendant's Counterclaim

When a defendant, in addition to defending against the plaintiff's claim, also raises their own claim against the plaintiff.

Signup and view all the flashcards

Form 13

A pre-set document template used in Singapore court proceedings, covering the defense to the claim and the counterclaim.

Signup and view all the flashcards

Defense to Counterclaim

The plaintiff's response to the defendant's counterclaim, outlining their arguments against it.

Signup and view all the flashcards

Deadline for Defense to Counterclaim

The plaintiff has 14 days after receiving the defendant's defense and counterclaim to file their defense.

Signup and view all the flashcards

Judgment in Default

If the plaintiff fails to file a defense to the counterclaim, the defendant can win the counterclaim by default.

Signup and view all the flashcards

One Round of Pleadings

Under the 2021 Rules of Court, the initial stages of litigation involve only one exchange of documents between the parties.

Signup and view all the flashcards

Statement of Claim

The document filed by the plaintiff that outlines their case and claims against the defendant.

Signup and view all the flashcards

Defendant's Defense

The document filed by the defendant that responds to the plaintiff's claims and presents their position.

Signup and view all the flashcards

Claim Time Bar

A claim's validity expires after a specific period (time frame), and further action is no longer allowed.

Signup and view all the flashcards

Extend Claim Validity

A court may extend the time frame for a claim to be valid, usually twice, and not for more than 3 months each time following the initial expiry date.

Signup and view all the flashcards

Originating Application

A simpler process of making a claim (application) in court, as opposed to an originating claim.

Signup and view all the flashcards

Originating Claim

A formal way to start a lawsuit or a claim in court.

Signup and view all the flashcards

Supporting Affidavit

A sworn statement that provides the necessary evidence to support an application or claim, containing all material evidence.

Signup and view all the flashcards

Service of Documents

The way a party gives formal notice to another party about a court document. This is a legal step.

Signup and view all the flashcards

Affidavit of Evidence in Chief (EIC)

A written statement by a witness outlining their evidence for the court, prepared before the trial.

Signup and view all the flashcards

Pre-Case Conference Questionnaire

A document that parties must complete before a case conference, indicating elements like whether EICs should be filed before document production.

Signup and view all the flashcards

Time-barred

A claim or legal action which is no longer valid because the time period for bringing it has passed.

Signup and view all the flashcards

Application to court

Requesting something from the court.

Signup and view all the flashcards

Order 9, Rule 8 (New Rules of Court 2021)

Allows the court to order EICs to be exchanged at an earlier stage of proceedings, before document production, in certain situations.

Signup and view all the flashcards

What is the benefit of exchanging Affidavits of Evidence in Chief (EICs) before document production?

It helps witnesses state their evidence based on their recollections, preventing them from tailoring their statements to the documents gathered later.

Signup and view all the flashcards

Court order to convert a claim

Converting a procedure for an application to a more formal procedure when necessary.

Signup and view all the flashcards

Discovery (in the context of litigation)

The process by which parties exchange relevant documents in their possession and custody to prepare for trial.

Signup and view all the flashcards

Form 15 or 16

Specific forms used for originating or starting a legal application in supreme courts.

Signup and view all the flashcards

Study Notes

Civil Litigation Practice Module - Lecture Notes

  • Module Introduction: The lecture introduces the module and provides an overview of the material covered in parts one and two of the detailed syllabus.

Courts in Singapore

  • Organization, Jurisdiction, and Powers: The lecture covers the organization, jurisdiction, and powers of the courts in Singapore that deal with civil litigation. This information is often found in law school and general knowledge.
  • Supreme Court: The primary legislation for the Supreme Court's jurisdiction and powers is the Supreme Court of Judicature Act 1969 (SCJA). The rules of court are made and amended by the Rules Committee, also under the SCJA. The Rules of Court 2021 were implemented on April 1, 2022.
  • Supreme Court Composition: The Supreme Court is made up of the Court of Appeal, the Appellate Division of the High Court, and the General Division of the High Court. The Court of Appeal, and the Appellate Division of the High Court are appellate courts
  • Jurisdiction and Powers of Appellate Courts: The lecture specifically mentions the jurisdiction and powers of the Court of Appeal and the Appellate Division, along with clauses of the FCJA relevant to those courts. Further detail on the rules for appealing to these courts and procedures and rules for appeal allocation and transfer are covered in later lectures.
  • General Division of the High Court: The General Division of the High Court has both appellate and original jurisdiction. Sections 20-22 of the SCJA cover the appellate jurisdiction of the General Division. For the High Court's original jurisdiction, the general division's jurisdiction covers matters that are commenced for the first time in the general division.
  • Jurisdiction related provisions: Relevant statutes including the High Court Admiralty Jurisdiction Act that are part of the syllabus should be reviewed.
  • Establishing Jurisdiction: Jurisdiction can be established through the service of an originating claim or originating process and submission to the General Division's jurisdiction by the defendant.
  • Specific Courts: The lecture touches on the Singapore International Commercial Court (SICC)
  • State Courts: This part covers State Courts, the State Courts Act 1970, and different courts like the District and Magistrate courts - it outlines the jurisdiction and powers of these courts, along with relevant limitations. The Small Claims Tribunal's jurisdiction is covered.
  • Sources of Civil Procedural Law: The sources of civil procedural law are statutory (Supreme Court Judicature Act and State Courts Act), as well as the rules of court (2021). The Civil Justice Commission's report is referenced.

Procedural Law and Courts

  • Civil litigation process: The lecture outlines the procedures and course of action through proceedings including introduction, overview, and process flow diagrams
  • Jurisdictional Clauses: The importance of jurisdictional clauses in contracts concerning disputes is highlighted, as well as pre-action protocols (specific to medical negligence cases).
  • Pre-action Production of Documents: The new rules of court 2021 allow for pre-acction production of documents and information.
  • Originating Claim/Application: Two ways of initiating court action are presented: originating claim (corresponding to writs) and originating application (corresponding to originating summons). The procedures associated with each mode are reviewed.
  • Statement of Claim: This section describes the need to file a statement within 14 days of initiating an action with a brief description and supporting affidavit

Forms, Rules, and Procedures

  • Case Conference: The new Rules of Court 2021 include a case conference, a hearing to manage and coordinate the litigation, to set timelines and give directions.
  • Pre-Case Conference Questionnaire: This questionnaire is required to facilitate the court's discussion with parties regarding various issues, timelines, and case-specific milestones.
  • Affidavits: The defendant must file its affidavit within the required time frame depending on the location. The content of this affidavit will depend on whether jurisdiction is being challenged or whether there is a counterclaim.
  • Documents to be submitted
    • Notice of Intention: Form 10 of Appendix A
    • Defence (including Counterclaim): Form 13 of Appendix A
    • Application for Judgement in Default (if necessary): Form 11 or Form 14 of Appendix A
    • Memorandum of service (When applied for judgement in default): Form 12 of Appendix A

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

CIV 1 - Pre-Action Considerations PDF

Description

This quiz provides an overview of the Civil Litigation Practice Module, focusing on the organization, jurisdiction, and powers of the courts in Singapore. It covers significant legislation, including the Supreme Court of Judicature Act 1969 and recent changes to the Rules of Court. Test your knowledge on these essential legal frameworks.

More Like This

Bar Standards Board Civil Litigation Exam Quiz
3 questions

Bar Standards Board Civil Litigation Exam Quiz

DecisivePearl avatar
DecisivePearl
Civil Litigation Procedure
16 questions

Civil Litigation Procedure

ProductiveParabola avatar
ProductiveParabola
Use Quizgecko on...
Browser
Open
Browser
Browser