17 Questions
A judgment or order of the court binds only the party who appoints the representative.
False
An application for permission to enforce a judgment against a non-party must be supported by evidence on an affidavit.
True
The court may determine any issue arising on the application summarily, without further investigation.
True
Proof of service is not required when making an application for permission to enforce a judgment against a non-party.
False
The court has no power to determine any issue arising on the application by trial.
False
The court has general powers under the case management to extend time for serving the claim form, even if the specific provisions of the rules do not allow for such an extension.
False
Applications to extend time for serving the claim form are exclusively governed by the provisions in the rules dealing with extending the claim form.
True
The court must have permission to serve proceedings on a person present within the jurisdiction.
False
The court will not assume jurisdiction over any person outside the jurisdiction unless jurisdiction is provided by a particular state or if the defendant voluntarily submits to the jurisdiction.
True
The court can extend time for serving the claim form if the claimant fails to dispute the jurisdiction after acknowledging service.
False
The court assumes jurisdiction under CPR and grants permission to serve proceedings outside the jurisdiction.
True
An application to serve by a specified method must always be made with notice.
False
Proof of service by a specified method is established through an affidavit.
True
If a contract specifies how service is to take place in the event of proceedings, the claim form can only be served by that method.
False
When a claim form is served within the jurisdiction in accordance with a contract, it is not deemed served on the defendant.
False
A claim form cannot be duly served on a defendant outside of the jurisdiction if the contract does not provide for service outside of the jurisdiction.
True
An affidavit is not required to support an application to serve by a specified method.
False
Learn about the consequences of an order appointing a representative party in legal proceedings, where the judgment or order binds everyone represented by that party. Understand the process of seeking permission from the court to enforce the judgment against a person not involved in the proceedings.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
