Text Study

Ex. 1.   Choose the best way to complete the sentences.

1. The usual method to begin an action is …

1. inspection of documents

2. to issue a writ

3. to deliver an acknowledgment

2. After acknowledgment service the defendant has ...

1. to weight the importance of evidence

2. special instructions of his solicitor

3. further 14 days to file a defence

3. A pleading must contain ...

1. a brief statement of the facts relied on

2. physical exhibits offered by the lawyers

3. the opening and closing statements of the judge

4. The first pleading contains ...

1. the testimony of witnesses

2. the credibility of witnesses

3. the statement of claim made by the plaintiff

5. If the plaintiff feels that there is no defence to the action ...

1. he may make objections to evidence

2. he may include a counterclaim with the defence

3. he may apply for a summary judgement

6. Finally the judge gives ...

1. instructions to the jury on the law

2. the decision in the form of a reasoned judgement

3. his opinion of the case

Ex. 2. Mark the statements which are true.

1. The term “procedure” refers to the trial itself.

2. Issuing and serving a writ places the matter on official record.

3. The form of acknowledgment is served by the plaintiff with the injunction.

4. A pleading must contain the evidence by which it will be proved.

5. If a matter is not included in the pleadings it cannot usually be raised at the trial.

6. The second pleading contains the statement of claim made by the defendant.

7. If the plaintiff feels that there is no defence to the action he may apply for a summary judgement.

8. The trial starts with the inspection of documents.

9. Finally the plaintiff’s barrister gives the decision in the form of a reasoned judgement.

10. The final stage is enforcement of the judgement.

Ex. 3.   Complete the following sentences by adding the phrases given in part B.

Part A

1. The term “procedure” does not ...

2. Proceedings after trial may also take time in the form of ...

3. To issue a writ is ...

4. If a person on whom the writ is served proposes to enter a defence ...

5. The object of pleadings is ...

6. If the matter is not included in the pleadings ...

7. If either party needs more information ...

8. Between the close of pleadings and trial ...

9. The trial starts ...

10. The final stage is ...

Part B

1. much preparatory work must be done by the parties’ solicitors;

2. the usual method of commencing an action;

3. he may ask for further and better particulars of specific matters;

4. he must deliver an acknowledgment;

5. merely refer to trial itself;

6. it cannot be raised at the trial;

7. appeals procedure and enforcement of the judgement;

8. to define the area of contention between the parties;

9. with the plaintiff’s barrister outlining the issues involved and calling witnesses;

10. enforcement of the judgement.

Ex. 4. These are answers. What are the questions?

1. The proceedings prior to trial take much time.

2. Proceedings after trial may also take time.

3. The usual method of commencing an action is to issue a writ.

4. After acknowledgment service the defendant has 14 days for which to file a defence.

5. There are the first and the second pleadings.

6. The plaintiff may obtain a default judgement.

7. The date and venue of the trial are fixed and the number of expert witnesses may be called.

8. The plaintiff’s barrister is outlining the issues involved and calling the witnesses.

9. The debt is recovered from the proceeds of selling the debtor’s goods or land.