Overarching obligations: Mini-quiz

1:How many overarching obligations are there?
A)

7

Incorrect

  

B)

8

Incorrect

  

C)

9

Incorrect

  

D)

10

Correct

  

2:Do the overarching obligations apply to lay witnesses?
A)

Yes, the overarching obligations apply to lay witnesses

Incorrect

  

B)

Yes, the overarching obligations apply to all witnesses

Incorrect

   

C)

No, the overarching obligations only apply to expert witnesses

Correct

  

D)

No, the overarching obligations do not apply to witnesses

Incorrect

  

3:Must a party apply for an order that an obligation has been breached?
A)

Yes, only a party can apply for an order that an obligation has been breached

Incorrect

   

B)

Yes, although an interested party may also apply

Incorrect

   

C)

Yes, although any person to whom the overarching obligations apply may also apply

Incorrect

   

D)

No, a court can make an order if an obligation is breached on its own motion

Correct

   

4:On what standard must you be satisfied to find a contravention of an overarching obligation?
A)

Reasonably likely

Incorrect

   

B)

On the balance of probabilities

Correct

   

C)

Beyond reasonable doubt

Incorrect

   

D)

Approximate certainty

Incorrect

    

5:Which of the following is not an overarching obligation?
A)

The obligation to only take steps to resolve or determine the dispute

Incorrect

  

B)

The obligation to use reasonable endeavours to resolve the dispute

Incorrect

  

C)

The obligation to use alternative dispute resolution to resolve the dispute

Correct

  

D)

The obligation to narrow the issues in dispute

Incorrect

   

6:Which of the following statements is correct?
A)

The paramount duty and overarching obligations are obligations owed to the court

Incorrect

  

B)

The paramount duty is owed to the court and the overarching obligations are owed to the parties

Incorrect

  

C)

The paramount duty is owed to the court and some of the overarching obligations are owed to the parties

Correct

  

D)

The paramount duty and the overarching obligations are owed to the parties

Incorrect

  

7:When would s 22(b) be most relevant?
A)

In a proceeding brought under the Charter of Human Rights and Responsibilities 2006

Correct

   

B)

In an occupiers’ liability proceeding brought under Part IIA of the Wrongs Act 1958

Incorrect

   

C)

In a proceeding brought under the Part 6 of the Transport Accident Act 1986 that has no precedential value

Incorrect

  

D)

In a proceeding brought, subsequent to the plaintiff falling on wet tiles at work, under the Accident Compensation Act 1985

Incorrect

  

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