Malta Advocate Warrant Examination (Avukati)

Your client has just been served with a sworn application (rikors ġuramentat) filed in the Civil Court, First Hall. Under Article 158(1) of the Code of Organization and Civil Procedure (Cap. 12), by when must the sworn reply be filed if the claim is contested?

• AWithin ten days from the date of service
• BWithin twenty days from the date of service
• CWithin thirty days from the date of service
• DBy the first sitting fixed by the court, whenever that falls

A defendant fails to file a sworn reply within the prescribed time and shows no reasonable excuse. What does Article 158(10) of Cap. 12 direct the court to do?

• AStay the action until the sworn application is served on the defendant a second time
• BOrder the plaintiff to refile the sworn application with a fresh twenty-day notice
• CDeliver judgment at the first sitting without allowing the defendant any submission
• DGive judgment as in default of appearance, after brief written submissions

Your client lost a case decided by a definitive judgment of the Civil Court, First Hall. Under Article 226(1) of Cap. 12 as currently in force, within what time must the application of appeal be filed?

• AWithin twelve working days from the date of the judgment
• BWithin fifteen days from the date of the judgment
• CWithin thirty days from the date of the judgment
• DWithin twenty days from the date of the judgment

Under Article 228(2) of Cap. 12, when is there NO right of appeal from a civil judgment of the Court of Magistrates (Malta) given as a court of first instance?

• AClaim up to €465.87, with no point of law or eviction decided
• BClaim up to €5,000, whatever the issues decided in the judgment
• CClaim up to €15,000, where the case turned only on the facts
• DAny claim, where judgment was given in the defendant's absence

A konvenju (promise of sale) fixed a three-month term. Before the term expires, the seller tells your client, the buyer, that he will not appear on the final deed. Under Article 1357(2) of the Civil Code (Cap. 16), what must you do to prevent the promise from lapsing?

• ASend the seller a registered letter before the term expires, then sue within twenty days…
• BFile a sworn application for performance within three months after expiry, with no prior…
• CFile a judicial intimation within the term, then sue within thirty days of its expiry
• DNotify the Commissioner for Revenue again, which automatically extends the promise for a…

After signing a konvenju with your client, the seller transferred the same property to a third party by public deed. Under Article 1357(1) of the Civil Code, what obligation did the accepted promise create for the seller?

• ANo obligation, because a promise of sale is equivalent to nothing until the deed
• BAn obligation to transfer the property, with ownership passing to your client on signatur…
• CAn obligation only to return any deposit received, without further liability
• DAn obligation to carry out the sale or, if that is no longer possible, to make good the d…

Your client obtained a precautionary garnishee order before instituting proceedings. Under Article 843 of Cap. 12, as applied to the precautionary acts, within what time must the action on the merits be brought?

• AWithin ten days from the issue of the warrant
• BWithin fifteen days from the issue of the warrant
• CWithin twenty days from the issue of the warrant
• DWithin thirty days from the service of the warrant on the garnishee

In which of the following situations may the court, under Article 836(8) of Cap. 12, condemn the person who sued out a precautionary act to pay a penalty of between €1,164.69 and €6,988.12 to the respondent?

• AWhenever the main action is eventually dismissed on the merits, for any reason
• BWhere the applicant fails, without valid reason, to sue in time
• CWhenever the respondent deposits security and obtains a counter-warrant
• DOnly where the warrant was obtained on the strength of a forged document

A garnishee order has frozen your client's bank accounts for a claim that you consider grossly inflated. Which ground for revocation is expressly available under Article 836(1) of Cap. 12?

• AThat the respondent intends to contest the claim on the merits
• BThat the warrant was issued without first hearing the respondent
• CThat the amount claimed is not prima facie justified or is excessive
• DThat the applicant's advocate is not domiciled in Malta

Your client wants to stop a neighbour from starting works that would block a shared passage while the dispute over the passage is decided. Under Article 873(2) of Cap. 12, what must the court be satisfied of before issuing a warrant of prohibitory injunction?

• ANecessity to preserve a right that prima facie exists
• BThat the applicant's right has been conclusively proved and security deposited
• CThat the claim is of at least €11,647 and the neighbour is about to sell
• DThat the applicant already holds an executive title against the neighbour

You intend to seek a warrant of prohibitory injunction against a Government department. What additional requirement does Article 873(3) of Cap. 12 impose?

• AThe Attorney General must first consent in writing to the issue of the warrant
• BThe authority must confirm its intention in court, and the prejudice must be disproportio…
• CAn action for judicial review under Article 469A must already be pending before the court
• DThe applicant must deposit security equal to the estimated cost of the Government project

Which of the following is NOT an executive title under Article 253 of Cap. 12?

• AA contract received by a notary in Malta for a debt that is certain, liquidated and due
• BAn award of arbitrators registered with the Malta Arbitration Centre
• CA decision of the Consumer Claims Tribunal
• DA private writing in which the debtor acknowledges a debt, signed by him but not authenti…

Your client holds a notarial loan contract that is an executive title. Under Article 256(2) of Cap. 12, what must happen before he can enforce it by executive warrant?

• ATwo days must pass after a judicial intimation is served
• BTwo days must pass from the date of the contract, with no further formality
• CA sworn application declaring the debt must first be decided by the court
• DTwenty days must pass after notifying the debtor by registered letter

An executive garnishee order is served on your client to enforce a First Hall judgment. He tells you he was never served with the sworn application and never appeared in that case. Which remedy fits these facts?

• AAn appeal within thirty days from the day he learned of the judgment
• BA demand for a new trial under Article 811(b) of Cap. 12, filed within three months from…
• CAn application to revoke the garnishee under Article 836(1) within seven days
• DA constitutional application, because no ordinary remedy exists once a judgment is res ju…

A licensing board refused your client's application in breach of the rules of natural justice. Under Article 469A(3) of Cap. 12, within what time must the judicial review action on that ground be filed?

• AWithin thirty days from the date the refusal was notified to the client
• BWithin two years from the date of the refusal, as for tort claims
• CWithin one year from the date on which the decision was published
• DWithin six months from actual or possible knowledge, whichever is earlier

Your client sent a written demand to a public authority, which has not replied. Under Article 469A(2) of Cap. 12, when does that silence count as a refusal that can be challenged, where no other law fixes a time for the decision?

• AAfter one month from service of the written demand
• BAfter two months from service of the written demand
• CAfter six months from service of the written demand
• DNever; only an express decision can be challenged

Your client's neighbour blocked his right of way with a wall three months ago. The client now asks you to file an actio spolii. Why is that action no longer available?

• ABecause a spoliation action protects owners only, not holders of an easement
• BBecause a spoliation action must be preceded by a judicial protest within one month
• CBecause under Article 535 of the Civil Code the action must be brought within two months…
• DBecause a spoliation action must be brought within fifteen days from the spoliation

In a spoliation suit filed within two months, the defendant wants to argue that he owns the land. Under Article 791 of Cap. 12, what can he plead before he has restored the thing and reinstated the plaintiff?

• AOnly dilatory pleas
• BAny plea on the merits, including ownership
• COnly the plea of prescription
• DNo plea at all until judgment is delivered

Which of the following claims falls OUTSIDE the civil jurisdiction of the Court of Magistrates (Malta) even though its value is below €15,000?

• AA claim for €9,000 in unpaid invoices
• BA claim for €14,500 in damages from a traffic collision
• CA claim for the eviction of a tenant from a flat
• DA claim for repayment of a €12,000 loan

A client living in Malta is owed €7,200 for unpaid invoices by a debtor who also lives in Malta, and the debt does not concern immovable property. Before which first-instance forum should the ordinary claim be filed?

• AThe Small Claims Tribunal
• BThe Court of Magistrates (Malta)
• CThe Civil Court, First Hall
• DThe Court of Appeal (Inferior Jurisdiction)

A client is owed €18,000 on a liquidated, due invoice by a debtor living in Malta. You use the special procedure in Article 166A of Cap. 12. What happens if the debtor does not file a note rebutting the claim within thirty days of service of the judicial letter?

• AThe creditor must still file a sworn application, but the debtor loses the right to call…
• BThe claim is referred automatically to the Small Claims Tribunal
• CThe judicial letter lapses and a new one may be filed only after six months
• DThe judicial letter constitutes an executive title

Under Article 966 of the Civil Code (Cap. 16), which of the following is NOT one of the conditions essential to the validity of a contract?

• AThe capacity of the parties to contract
• BThe consent of the party who binds himself
• CExecution of the contract by public deed before a notary
• DA lawful consideration

A buyer paid for what both parties believed was an antique table, but it was a modern reproduction. Under Article 976(1) of the Civil Code, when does an error of fact void a contract?

• AWhen it affects the substance itself of the thing which is the subject-matter of the agre…
• BWhenever the mistaken party made a bad bargain
• COnly when the error was induced by a third party
• DOnly when the error concerns the identity of the other contracting party

Which statement correctly contrasts violence and fraud as vices of consent under Articles 977 and 981 of the Civil Code?

• ABoth violence and fraud annul the contract only if practised by the other contracting par…
• BViolence annuls only if practised by the other party, whereas fraud annuls even if practi…
• CNeither violence nor fraud annuls a contract unless the victim also suffered lesion beyon…
• DViolence by a third party annuls; fraud must come from a party and be decisive

Under Article 1032 of the Civil Code, when is a person deemed to be in fault for the purposes of tortious liability?

• AWhen he does not use the prudence, diligence and attention of a bonus paterfamilias
• BWhenever damage results from his act, even if he took every reasonable care
• COnly when he acted with the intention of causing harm
• DWhen he fails to use the highest degree of care attainable by an expert

Your client suffered injury from another person's wilful crime against the person punishable by at least three years' imprisonment. Under the proviso to Article 1045(1) of the Civil Code, what may the civil damages also include?

• APunitive damages set at twice the actual loss
• BMoral and, or, psychological harm, up to a limit of €10,000 or such other limit as the Mi…
• CMoral harm without any limit, at the court's discretion
• DNothing beyond actual loss, since moral damages are available only before the constitutio…

Two contractors, neither acting with malice, together caused damage to your client's house, and the part caused by each cannot be ascertained. What does Article 1050(1) of the Civil Code allow your client to do?

• AClaim only half of the damage from each contractor, in equal shares
• BClaim the whole damage from either contractor
• CClaim nothing until the court has apportioned each contractor's share
• DClaim the whole damage from each contractor separately, recovering twice

What is the prescriptive period for an action for damages not arising from a criminal offence under Article 2153 of the Civil Code?

• AOne year
• BEighteen months
• CTwo years
• DFive years

Under Articles 2149 and 2150 of the Civil Code, what prescriptive period applies to an advocate's action for fees in a lawsuit, and from when does it run?

• AFive years from the date of the brief
• BTwo years from the day of the final decision
• CEighteen months from the last sitting attended
• DTen years from the filing of the first pleading

Ten years after a block of flats was completed, a structural defect puts it in manifest danger of collapse. Under Article 1638 of the Civil Code, what is the position of the architect and the contractor?

• ALiable, if sued within two years of the event
• BNot liable, because liability expires ten years from completion
• CLiable only if the defect lies in the ground, not in the construction
• DLiable, and the action may be brought at any time within thirty years

A wall separates your client's house from a neighbour's garden, and there is no mark or other proof of ownership. Under Article 409(3) of the Civil Code, who is presumed to own the wall?

• ABoth owners in common, up to the full height of the wall
• BThe owner of the garden, because the wall encloses the garden
• CThe owner who can show earlier registration of title in the Public Registry
• DThe owner of the building, entirely

After a partition between co-heirs, your client's plot has become enclosed on all sides with no outlet to the public road. Under Article 448 of the Civil Code, what can the client demand?

• AA way from the co-partitioners, without any indemnity
• BA way from any neighbour, on payment of an indemnity proportionate to the damage
• CNothing, unless he has used a way for thirty years
• DThe rescission of the partition as of right

Under Article 469 of the Civil Code, how may a discontinuous easement such as a right of way be created?

• ABy title, by ten years' prescription, or by the disposition of the owner of two tenements
• BOnly by title, save a 30-year right of way for a landlocked tenement
• COnly by the disposition of the owner of two tenements, proved by witnesses
• DBy any open and continuous use for five years without objection

A couple married in Malta without signing any marriage contract. Under Article 1316(1) of the Civil Code, which matrimonial regime governs them?

• ASeparation of estates
• BCommunity of residue under separate administration
• CCommunity of acquests
• DNo regime until the spouses register an election in the Public Registry

One spouse wants to grant a hypothec over a house that forms part of the community of acquests. Under Article 1322 of the Civil Code, who must act?

• AEither spouse alone, because hypothecation is ordinary administration
• BOnly the spouse in whose name the house was registered
• CEither spouse, as long as the other is notified within fifteen days
• DBoth spouses jointly, because hypothecation is an act of extraordinary administration

A deceased person leaves three children. Under Article 616 of the Civil Code, what is the reserved portion due to them?

• AOne-quarter of the value of the estate
• BOne-third of the value of the estate, divided equally among them
• COne-half of the value of the estate, divided equally among them
• DTwo-thirds of the value of the estate

A testator dies leaving a spouse and two children and owned the matrimonial home. Under Articles 631 and 633 of the Civil Code, what statutory protection does the surviving spouse have?

• AFull ownership of the matrimonial home, free of any claim by the children
• BA life usufruct over the whole estate, in place of any reserved portion
• COne-half of the estate in full ownership, with no right over the home
• DOne-fourth of the estate, plus habitation of the home

Your client bought a second-hand car and, two months after delivery, discovered a hidden engine defect that he could not have noticed earlier. Under Article 1431 of the Civil Code, what time limit applies to the actio redhibitoria or aestimatoria?

• AOne year from the day of the contract of sale
• BSix months from when discovery became possible
• CTwo years from delivery, as for tort claims
• DSix months from the contract, whatever the circumstances

Under Article 1233(1) of the Civil Code, which of the following transactions does NOT need to be expressed in a public deed or private writing on pain of nullity?

• AA promise to transfer the ownership of immovable property
• BA suretyship
• CA compromise
• DA lease of an urban tenement for eighteen months

A 15-year-old is charged with theft, and the court finds that he acted with mischievous discretion. Under Articles 35 and 37 of the Criminal Code (Cap. 9), what is the consequence?

• AHe is exempt from criminal responsibility because he is under sixteen
• BHe is criminally responsible, but the applicable penalty is decreased by one or two degre…
• CHe is criminally responsible and liable to the full penalty, as an adult would be
• DHe is exempt, because the age of criminal responsibility is eighteen

An accused broke into a shop intending to steal but then decided of his own accord to leave without taking anything. Under Article 41(1)(b) of the Criminal Code, what is his liability for the intended theft?

• AHe is liable for attempted theft, with a decrease of one or two degrees
• BHe is liable to the full punishment for the completed theft
• COnly for acts done that are crimes in themselves
• DHe bears no criminal liability of any kind for the incident

Under Articles 42 and 43 of the Criminal Code, a person who knowingly procures the instruments used to commit a crime is an accomplice. What punishment is he liable to?

• AThe principal's punishment, unless the law provides otherwise
• BAlways one degree less than the punishment of the principal
• COnly a fine, because he did not himself perform the criminal act
• DNo punishment unless the principal is first convicted

Which situation does Article 224 of the Criminal Code expressly include among the cases of actual necessity of lawful defence?

• AInjuring a person who had insulted the accused's family earlier that day
• BRepelling a night-time break-in at a home's entrance
• CPursuing and injuring a thief who has already escaped with the property
• DInjuring a trespasser found walking across an open field in daylight

A driver under the influence of alcohol causes a fatal collision. Under Article 225(3) of the Criminal Code, what applies on conviction for involuntary homicide?

• AA fine only, since the offence is involuntary
• BA maximum of four years' imprisonment, with the court free to apply the Probation Act ins…
• CA minimum punishment of three years' imprisonment in every case
• DLife imprisonment, because the death was caused while committing another offence

Under Article 468 of the Criminal Code, what concurrence of votes is required for any verdict of a jury in the Criminal Court, whether for or against the accused?

• AA simple majority of five out of nine
• BAt least six votes
• CAt least eight votes
• DUnanimity of all nine jurors

Your client was convicted and sentenced by the Court of Magistrates as a court of criminal judicature. Under Article 417(1) of the Criminal Code, within what time must his appeal to the Court of Criminal Appeal be filed?

• AWithin twelve working days from the day the definitive judgment is delivered
• BWithin fifteen working days from the date of the decision
• CWithin twenty days from the date of the judgment
• DWithin thirty days from the date of the judgment

Your client is the victim of a crime whose prosecution is vested in the Attorney General, and the Attorney General has decided not to prosecute. Under Article 541(4) of the Criminal Code, what is the correct course?

• AFile a private criminal complaint before the Court of Magistrates at once
• BApply to the Constitutional Court for an order compelling the prosecution
• CAsk the Commissioner of Police to review and overrule the Attorney General
• DSeek reconsideration within a month, then judicial review

Under Article 34(3) of the Constitution of Malta, as amended in 2024, within what time must a person arrested on reasonable suspicion of an offence, and not released, be brought before a court?

• ANot later than twenty-four hours, with no possibility of extension
• BNot later than seventy-two hours, in every case and for every offence
• CWithin 48 hours, which a law may extend by 48 for grave crimes
• DWithin seven days, if the police certify that the investigation is complex