Civil Litigation Flashcards

Flashcards based on Civil Litigation lecture notes, covering topics from civil dispute resolution to court jurisdictions and ethical issues.

What are the two main categories of Civil Dispute Resolution Mechanisms?

Litigation and Alternative Dispute Resolution (ADR) mechanisms.

Name some Alternative Dispute Resolution (ADR) Mechanisms.

Negotiation, Mediation, Arbitration, Conciliation, and Online Dispute Resolution.

What are the sources of law for Civil Litigation?

Rules of Court, Statutes Creating Courts, Constitution, Judicial Decisions on Procedure, Special Statutes on Procedure, and Practice Directions.

Who has the power to make the District Court Rules 2021?

Chief Judge of the FCT, Abuja.

Who has the power to make the Court of Appeal Rules, 2021?

President, Court of Appeal under section 248 CFRN 1999 as amended.

Who has the power to make the Supreme Court Rules, 2024?

Chief Justice of Nigeria under section 236 CFRN 1999 as amended.

What are the general principles of Jurisdiction?

Meaning, Importance, Who may raise jurisdiction, When jurisdiction may be raised, How raised, Order court may make where successfully raised.

What are the types of Jurisdiction?

Subject matter, Geographical & Monetary.

What elements or factors affect jurisdiction as per Madukolum v Nkemdilim?

Court properly constituted, Subject within jurisdiction, Action initiated by due process, Conditions precedent satisfied.

What are some examples of Conditions Precedent to Jurisdiction?

Pre-action Notices; Public Officers Protection Act s. 2; Statute of Limitation.

What are the key aspects related to the Supreme Court?

Establishment – s. 230(1) CFRN 1999; Composition – s. 230 (2); Appointment & Qualification - s. 231; Jurisdiction – Original s. 232(1)

What sections define The Court of Appeal's constitution, appointment, and qualification?

S. 237(2), S. 238(1)(2) &(3) 1999 Const.

What types of cases fall under the jurisdiction of the Federal High Court?

Actions involving the federal government or its agencies; Enforcement of fundamental rights; Disputes between individual customers and banks.

Under which section of the CFRN 1999 was the National Industrial Court established?

S. 254 A (1) CFRN 1999.

Where can the jurisdiction of the Magistrates’ Court in Lagos State be found?

S. 28 MCL, Lagos State 2009.

Under which articles of the Revised ECOWAS Treaty 1993 was the ECOWAS Court established?

Articles 6 & 15 of the Revised ECOWAS Treaty 1993.

What is one ethical issue arising from improper use of court rules?

Instituting an action in the wrong court.

What are the two main categories of Civil Dispute Resolution Mechanisms?

Litigation and Alternative Dispute Resolution (ADR) mechanisms.

Name some Alternative Dispute Resolution (ADR) Mechanisms.

Negotiation, Mediation, Arbitration, Conciliation, and Online Dispute Resolution.

What are the sources of law for Civil Litigation?

Rules of Court, Statutes Creating Courts, Constitution, Judicial Decisions on Procedure, Special Statutes on Procedure, and Practice Directions.

Who has the power to make the District Court Rules 2021?

Chief Judge of the FCT, Abuja.

Who has the power to make the Court of Appeal Rules, 2021?

President, Court of Appeal under section 248 CFRN 1999 as amended.

Who has the power to make the Supreme Court Rules, 2024?

Chief Justice of Nigeria under section 236 CFRN 1999 as amended.

What are the general principles of Jurisdiction?

Meaning, Importance, Who may raise jurisdiction, When jurisdiction may be raised, How raised, Order court may make where successfully raised.

What are the types of Jurisdiction?

Subject matter, Geographical & Monetary.

What elements or factors affect jurisdiction as per Madukolum v Nkemdilim?

Court properly constituted, Subject within jurisdiction, Action initiated by due process, Conditions precedent satisfied.

What are some examples of Conditions Precedent to Jurisdiction?

Pre-action Notices; Public Officers Protection Act s. 2; Statute of Limitation.

What are the key aspects related to the Supreme Court?

Establishment – s. 230(1) CFRN 1999; Composition – s. 230 (2); Appointment & Qualification - s. 231; Jurisdiction – Original s. 232(1)

What sections define The Court of Appeal's constitution, appointment, and qualification?

S. 237(2), S. 238(1)(2) &(3) 1999 Const.

What types of cases fall under the jurisdiction of the Federal High Court?

Actions involving the federal government or its agencies; Enforcement of fundamental rights; Disputes between individual customers and banks.

Under which section of the CFRN 1999 was the National Industrial Court established?

S. 254 A (1) CFRN 1999.

Where can the jurisdiction of the Magistrates’ Court in Lagos State be found?

S. 28 MCL, Lagos State 2009.

Under which articles of the Revised ECOWAS Treaty 1993 was the ECOWAS Court established?

Articles 6 & 15 of the Revised ECOWAS Treaty 1993.

What is one ethical issue arising from improper use of court rules?

Instituting an action in the wrong court.

Where is the provision for a lawyer to file a written authority to act for a party in court found?

Order 3 Rule 4(1) & (2) of the High Court of the Federal Capital Territory (Civil Procedure) Rules 2018

What must accompany an originating process?

An originating process (such as a writ of summons, originating summons, or motion on notice) must be accompanied by either a statement of claim or a concise statement of the cause of action and the relief or remedy sought.

Where is the provision for consequences of failure to give an address for service found?

Order 3 Rule 9 of the High Court of the Federal Capital Territory (Civil Procedure) Rules 2018

What must accompany any originating process?

Any originating process shall be accompanied by sufficient copies of all the processes for service on the adverse party or parties.

Can a party who is not a lawyer represent another party in court?

No.

How can service of processes on a party be effected when he has a lawyer?

a) By delivering it to him personally; or
b) By delivering it at his office or sending it by post to his office; or
c) By delivering it to some adult person at his usual or last known place of residence or sending it by post to his usual or last known place of residence.

What is the difference between an affidavit and a deposition?

An affidavit is a written statement confirmed by oath or affirmation, used as evidence in court, while a deposition is the testimony of a witness taken under oath outside of court, typically used for discovery or to preserve testimony.

After serving a process, what must a process server do?

The process server shall depose to the fact and mode of service before a Commissioner for Oaths.

If personal service is not possible, what can a party do?

A party can apply to the court for substituted service if personal service is not feasible. This involves the court ordering service by an alternative method, such as by publication in a newspaper or by affixing the process to the defendant's last known address.

What is the difference between a general traverse and a specific traverse in pleadings?

A general traverse is a broad denial of the opposing party's allegations without specifying which statements are being denied, while a specific traverse addresses particular statements or facts, clarifying the points of contention.

If the defendant fails to file a defence within the time prescribed, what is the consequence?

The plaintiff is entitled to a judgment in default of defence.

What is the purpose of pleadings?

The purpose of pleadings is to define the issues in dispute, provide notice to the opposing party, and assist the court in understanding the case.

Under what circumstances may the court strike out pleadings?

The court may strike out any pleading or part thereof that is scandalous, frivolous, vexatious, or may prejudice, embarrass, or delay the fair trial of the action.

What is the difference between an interlocutory injunction and a perpetual injunction?

An interlocutory injunction is a temporary order made during the pendency of a suit to preserve the status quo or prevent irreparable harm, while a perpetual injunction is a final order granted after a full trial, permanently restraining a party from doing a specific act.

What are the main types of interlocutory applications?

The main types of interlocutory applications are motions on notice and ex parte motions.

What is an ex parte application?

An ex parte application is made without notice to the other party, typically in urgent situations where notice could defeat the purpose of the application.

What is an Anton Piller order?

An Anton Piller order is a court order that directs the defendant to allow the plaintiff to enter their premises to search for and seize evidence, typically used in intellectual property cases to prevent the destruction of evidence.

What is a Mareva injunction?

The Mareva injunction is a court order that freezes the assets of a defendant to prevent them from dissipating assets that may be needed to satisfy a judgment.

What is the key difference between a motion on notice and an ex parte motion?

A motion on notice must be served on the other party, giving them an opportunity to respond, while an ex parte motion is made without such notice.

What is summary judgment?

Summary judgment is a judgment granted by the court when there is no genuine issue of material fact in dispute, and the moving party is entitled to judgment as a matter of law.

What is the purpose of pre-trial conference?

The purpose of pre-trial conference is to streamline the issues, consider the possibility of settlement, and make orders to facilitate a speedy and fair trial.

A party may apply for judgment on admission