CIV 3 - Trial Preparation
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Questions and Answers

What is a direct consequence of breaching the duty of full and frank disclosure?

  • The injunction remains in effect.
  • The application may be permanently denied.
  • The court may impose additional penalties.
  • The injunction can be set aside. (correct)

In the context of applying for an interlocutory injunction, what is expected from the applicant regarding the timing of their application?

  • To delay the application until they gather more evidence.
  • To apply only if the application is non-urgent.
  • To apply promptly after becoming aware of relevant facts. (correct)
  • To apply only after the trial concludes.

What does the leading case of American cyanide establish in relation to interlocutory injunctions?

  • The requirement of immediate compliance with court orders.
  • The merits of each application must be fully evaluated before ruling.
  • The necessity of evaluating the chances of success on a balance of probabilities.
  • Whether there is a serious issue to be tried AND ehe guidelines for the balance of convenience in granting injunctions. (correct)

Which threshold must the applicant meet to demonstrate that there is a serious question to be tried?

<p>Limited investigation into prospects of success. (A)</p> Signup and view all the answers

What principle guides the court's decision when assessing the balance of convenience?

<p>Minimizing the risk of injustice to either party. (B)</p> Signup and view all the answers

What must the applicant typically provide regarding damages when granted an interlocutory injunction?

<p>An undertaking to compensate any subsequent losses to the defendant. (C)</p> Signup and view all the answers

What is expected of the applicant when providing material facts in an affidavit?

<p>To explicitly state material facts in the text of the affidavit. (D)</p> Signup and view all the answers

What role does the Vasily Golubin case play concerning duties in an injunction application?

<p>It details the content and manner of the disclosure duty. (A)</p> Signup and view all the answers

What happens if an applicant fails to demonstrate urgency in seeking an injunction?

<p>The application may be rejected on the grounds of lack of urgency. (C)</p> Signup and view all the answers

What is the primary concern of the court regarding Mareva Relief?

<p>Avoiding abuse of the procedure (C)</p> Signup and view all the answers

How does a Mareva injunction differ from a proprietary injunction?

<p>Mareva injunctions prevent asset disposal beyond a specified value, whereas proprietary injunctions sustain on a specific asset. (A)</p> Signup and view all the answers

What must an applicant demonstrate to obtain orders for the taking of samples of property?

<p>A danger of destruction of existing evidence (B)</p> Signup and view all the answers

What additional measure may a claimant consider if there is a risk of the defendant destroying evidence?

<p>Seeking a search order (D)</p> Signup and view all the answers

Under the new rules, how can the court make orders for the detention or preservation of property?

<p>On its own motion, without any application (B)</p> Signup and view all the answers

What is the function of an ancillary discovery order in relation to Mareva relief?

<p>To gather information that would not otherwise be available to the claimant (B)</p> Signup and view all the answers

What must a claimant do to properly submit an application for interim property preservation?

<p>File a summons supported by an affidavit (A)</p> Signup and view all the answers

What type of relief can Mareva injunctions NOT be used for?

<p>Allowing a claimant extensive access to a defendant’s financial books (B)</p> Signup and view all the answers

What is the significance of Rule 3 in relation to property evidence?

<p>It facilitates the taking of samples to support interim preservation. (A)</p> Signup and view all the answers

What is the typical sequence regarding the production of documents and AEICs?

<p>General production of documents typically occurs before the SAPT. (A)</p> Signup and view all the answers

Which of the following documents must be produced according to Order 11 Rule 2(1)?

<p>All known adverse documents and any other broader discovery documents. (A)</p> Signup and view all the answers

For specific document requests under Order 11 Rule 3(1), what are the required criteria?

<p>The request must clearly identify the documents and show their materiality to the case. (A)</p> Signup and view all the answers

According to Order 11 Rule 5, what limitations on document production exist?

<p>No internal correspondences are allowed unless they are adverse documents. (B)</p> Signup and view all the answers

What does Order 11 Rule 1(2) emphasize regarding document production?

<p>The strength of the party's case must guide the production of documents. (D)</p> Signup and view all the answers

What describes an order that mandates the doing of a positive act?

<p>Mandatory in nature (B)</p> Signup and view all the answers

In which situation is an applicant exempted from giving notice before a hearing?

<p>When notice would defeat the purpose of the application (C)</p> Signup and view all the answers

What is the main purpose of a Mareva Injunction?

<p>To prevent a party from disposing of its assets (D)</p> Signup and view all the answers

According to the practice directions, how much notice should be given if the application is urgent?

<p>A minimum of 2 hours notice (D)</p> Signup and view all the answers

Why is it important for the applicant to disclose all relevant facts in the supporting affidavit?

<p>To ensure fairness in the hearing process (D)</p> Signup and view all the answers

What type of injunction application allows the summons to be filed without notice to the defendant?

<p>Interim injunction (C)</p> Signup and view all the answers

What issue might arise if the court hears an argument without the presence of the other side?

<p>The decision could be biased in favor of the applicant (D)</p> Signup and view all the answers

Which of the following does NOT qualify as a document?

<p>A document containing only numerical data without any symbols (B)</p> Signup and view all the answers

In the context of electronic documents, what factor relates to the likelihood of locating relevant documents?

<p>The ease and expense of retrieval of electronically stored documents (C)</p> Signup and view all the answers

Which statement aligns with the considerations of a claimant when proceeding with a case?

<p>A claimant is to rely solely on the strength of their case (C)</p> Signup and view all the answers

What is the potential risk associated with modern electronic document recovery?

<p>Relevant documents can be materially altered in recovery (C)</p> Signup and view all the answers

Which legal principle relates to a party's right to privacy during court proceedings?

<p>Privacy must be balanced with the interests of justice (A)</p> Signup and view all the answers

Which item listed is specifically excluded from defining a document?

<p>An unmarked personal note (B)</p> Signup and view all the answers

What does the term 'broader scope of discovery' imply in legal proceedings?

<p>Extending the range of documents examined to ensure fairness (A)</p> Signup and view all the answers

Which of the following is NOT a category of electronic devices defined in the context of documents?

<p>Smartphone applications (B)</p> Signup and view all the answers

What is a crucial aspect to consider when estimating the cost of document discovery?

<p>The expenses incurred in retrieving relevant documents (D)</p> Signup and view all the answers

Which of the following best describes the meaning of 'marks' in the context of a document?

<p>Any sign that conveys identifiable information qualifies as a mark (B)</p> Signup and view all the answers

Flashcards

Mandatory Order

An order that requires a positive action to be taken.

Prohibitory Order

An order that prevents or stops an action.

Interim Injunction

A temporary court order preventing actions until a full hearing.

Without Notice Application

An application for an interim injunction without notifying the opposing party.

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Notice Requirements (Interim Injunction)

Rules that require prior notice to the opposing party.

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Supporting Affidavit (without notice)

A written statement sworn to by the applicant to support the urgent injunction application.

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Duty of Disclosure (Without Notice)

Applicant must disclose all relevant information, even if it's not beneficial to their case, to maintain court fairness.

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Vasily Golubin

A leading case that details the requirements for full and frank disclosure in injunction applications.

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Full and Frank Disclosure (injunction)

A duty on the applicant to provide a complete and honest account of all relevant facts, even if they harm their case.

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Material Facts in Affidavit

Important facts should be stated clearly in the body of the affidavit, not just referenced in supporting documents.

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Prompt Application (injunction)

Applicants must apply for an injunction promptly after becoming aware of the need for it.

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American Cyanide (injunction)

A leading case establishing guidelines for granting interlocutory injunctions.

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Serious Question to be Tried (injunction)

The applicant must demonstrate a genuine chance of success in the underlying legal case to justify an injunction.

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Balance of Convenience (injunction)

The court weighs the potential harm to each party if the injunction is granted or denied, opting for the lesser risk.

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Undertaking as to Damages (injunction)

An applicant agrees to compensate the defendant for any harm caused by the injunction if the applicant loses the case.

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Without Notice Application (injunction)

A request for an injunction without giving the other party prior notice, usually due to urgent circumstances.

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Mareva Injunction

A court order preventing a defendant from disposing of assets to avoid potential judgment payments. It aims to preserve assets for potential future satisfaction of a judgment.

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Discovery Order

A court order compelling a party to disclose relevant information, documents, or evidence in a case.

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Ancillary Discovery

Discovery obtained alongside a Mareva injunction to gather information on the defendant's assets.

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Draconian Nature of Mareva

The Mareva injunction is a powerful tool with potential for abuse, so courts are careful to ensure it's used fairly.

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Proprietary Injunction

A court order prohibiting a specific action concerning a particular asset. It prevents the defendant from dealing with a single asset.

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MRAVA (Mareva) Jurisdiction

The court's authority to issue a Mareva injunction to preserve assets for potential future judgment satisfaction.

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Order 13 Rule 2

A court rule allowing for detention, custody, or preservation of property relevant to a case.

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Taking of Samples

A court order allowing the collection of evidence samples from property relevant to a case.

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Destruction of Evidence

A threat to destroy evidence relevant to a case, justifying preservation orders.

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Production of Documents

The process of exchanging relevant documents between parties in a legal case, usually happening after initial disclosures.

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When does document production typically happen?

Document production typically happens after the parties have exchanged their initial disclosures (AEICs).

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Scope of Document Production

Includes all documents the party will rely on in their case, known adverse documents, and any other documents ordered by the court.

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Special Case for Specific Documents

A party can request specific documents, if they properly identify them and demonstrate their relevance to the case.

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Limitations on Document Production

Rules restrict certain documents from being produced, including those not relevant to the case and internal communications.

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What counts as a 'document'?

'Document' includes various forms, like written papers, maps, plans, drawings, photographs, and audio or visual recordings stored on various media.

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Electronic Documents in Discovery

When requesting electronic evidence in court, the ease and expense of retrieving it are key factors. Accessibility, location, and likelihood of locating relevant documents are considered.

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Cost of Discovery

Courts consider the cost of recovering and providing electronic documents for inspection during discovery.

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Alteration Risk in Discovery

Courts factor in the likelihood of electronic documents being altered during recovery or inspection.

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The 'Strength of Case' Principle

In court, a claimant should succeed based on their own evidence, not by exploiting weaknesses in the defendant's case.

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Privacy and Confidentiality

Being sued does not automatically forfeit your right to privacy and confidentiality of your documents and communications.

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Broader Discovery in Justice's Interest

If broader discovery could help decide a case fairly, courts may allow it, even if it intrudes into a party's privacy.

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Order 11 Rule 1 (1)

A claimant should rely on their strong evidence, not the defendant's weaknesses.

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Order 11 Rule 1 (2)

A party involved in a lawsuit maintains their right to privacy and confidentiality in their documents and communications.

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Order 11 Rule 1 (4)

Courts can allow broader discovery if it helps reach a fair outcome, balancing interests of justice and privacy.

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Study Notes

Pre-Trial Preparations

  • Pre-trial preparations are steps taken by each party to prepare for trial.
  • These preparations include logistical requirements outlined in court rules and practice directions.
  • The process of gathering and preparing evidence is also crucial.

Trial Process

  • Witness and party attendance are covered in the trial process.
  • The order of proceedings at trial is also discussed.
  • Interim reliefs—orders parties seek before the trial—are included.

Trial Preparation

  • Key elements of trial preparation include fixing dates for trial, setting dates to confirm witnesses called, dates for filing documents (AEICs), and dates for setting down the action for trial.
  • Decisions on fact witnesses and expert witness evidence are made early in the case.
  • Trial preparation focuses on witness evidence and related trial evidence.

Trial Evidence

  • Fact and expert evidence presented by parties are the focus.
  • Independent witnesses, interested non-parties, or amicus curiae are not directly discussed.

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CIV 3 - Pre-Trial Preparation PDF

Description

This quiz covers the essential steps involved in trial preparations and the trial process itself. Topics include pre-trial logistics, witness attendance, and the presentation of evidence. Understanding these elements is crucial for effective trial management.

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