Malta Legal Procurator Warrant Examination (Prokuraturi Legali)

Under Article 85(1) of the Code of Organization and Civil Procedure (Cap. 12), how is a person authorised to practise as a legal procurator in Malta?

• ABy a certificate issued by the Chief Justice once the written and oral examinations are p…
• BBy warrant of the President of Malta, on the Committee's recommendation
• CBy enrolment in the roll kept by the Chamber of Advocates after the oath
• DBy a licence issued by the Minister responsible for justice on the registrar's report

Which academic requirement does Article 87(c) of Cap. 12 set for the warrant of legal procurator?

• AA Doctor of Laws (LL.D.) degree from the University of Malta, with no recognised foreign…
• BAny university degree, followed by five years' employment in a court registry
• CPassing the Faculty of Law's examinations in the legal procurator course, or a comparable…
• DNo academic requirement, provided the candidate passes the warrant examination before two…

What practical training does Article 87(d) of Cap. 12 require before a candidate may obtain the warrant of legal procurator?

• AAt least one year's attendance at the office of a practising legal procurator and at the…
• BAt least two years' continuous traineeship at a notary's office
• CSix months' attendance at the registry of the Civil Court
• DAt least one year's attendance at the office of a practising advocate of the Bar of Malta…

Under Article 87(e) of Cap. 12, who examines and approves a candidate for the warrant of legal procurator?

• ATwo judges, who issue a certificate under their signature and seal
• BA board of three practising legal procurators
• CThe Registrar of the Civil Courts and Tribunals
• DThe Commission for the Administration of Justice sitting in full

Under Article 86 of Cap. 12, before whom must a newly admitted legal procurator take the oath of allegiance and the oath of office before starting to practise?

• AThe Chief Justice, in chambers
• BThe Registrar of the Civil Courts and Tribunals
• CThe Court of Appeal, in a public sitting
• DThe Committee for Advocates and Legal Procurators

A person without a warrant regularly files judicial acts for clients while holding himself out as a legal procurator. Under Article 85(3) of Cap. 12, what is he liable to on conviction?

• AA fine not exceeding €25,000, or imprisonment not exceeding one year, or both
• BA fine not exceeding €1,164.69 only
• CImprisonment of not less than two years
• DAn administrative warning from the Committee, with no criminal sanction

Which provisions does Article 88 of Cap. 12 expressly apply to legal procurators?

• AArticles 79 and 81, on the advocates' warrant and the qualifications for obtaining it
• BArticles 83 and 84, on quota litis and disqualification
• CArticles 82 and 86, on the bargaining of fees and the oaths taken before the Court of App…
• DArticles 88A and 88B, on the registration of law firms and the names they may use

A client offers a legal procurator one-quarter of whatever is recovered in a debt-collection case instead of fees. Why must the procurator refuse?

• ABecause such agreements are lawful for advocates but not for legal procurators
• BBecause the share offered exceeds the 20% ceiling on contingency fees set by Schedule A
• CBecause such agreements must first be approved by the court registrar before the case is…
• DBecause quota litis agreements are prohibited by Articles 83 and 88 of Cap. 12

Under Article 30 of Cap. 12, how are legal procurators regarded when they appear before the superior or inferior courts?

• AAs officers of the court
• BAs employees of the Court Services Agency
• CAs agents of the client with no duties towards the court
• DAs deputy registrars

Under Article 178 of Cap. 12, who must sign written pleadings and applications, whether sworn or not?

• AThe party alone, whether or not counsel has been engaged
• BThe advocate, and also the legal procurator, if any
• CThe legal procurator alone, as the officer who files the act
• DThe registrar, after checking that the fees have been paid

A legal procurator is asked to file, on his own signature, a note admitting the plaintiff's claim on behalf of the defendant. What does Article 180(2) of Cap. 12 provide?

• AHe may file it, because Article 180(1)(b) allows a legal procurator to file any written p…
• BHe may file it only in the inferior courts, where legal procurators have wider filing pow…
• CHe may not; an admission of the claim is reserved to the party, a specially authorised at…
• DHe may file it if the defendant confirms his instructions by telephone to the registry

Under Article 156(3) of Cap. 12, before whom may a sworn application be confirmed on oath?

• AOnly before the judge assigned to the case, at the first sitting
• BBefore any notary public, whether practising in Malta or abroad
• CBefore the Advocate for Legal Aid, if the plaintiff is legally aided
• DBefore the registrar, or a legal procurator appointed Commissioner for Oaths

Under Article 88D of Cap. 12, which body keeps the Register containing the names of persons holding a warrant to practise as legal procurators, and who may inspect it?

• AThe Committee for Advocates and Legal Procurators; anyone, free of charge
• BThe Chamber of Advocates; its members only, on request to the Council
• CThe Registrar of the Civil Courts; anyone, on payment of a registry fee
• DThe Notarial Council; notaries and the courts only

A legal procurator wants to sue a former client for unpaid fees in a lawsuit that ended with a final decision. Under Articles 2149 and 2150 of the Civil Code, within what time must the action be brought?

• AFive years from the date the brief was accepted
• BEighteen months from the last court sitting
• CTwo years from the day of the final decision
• DThirty years, as for all personal actions

A warranted legal procurator later qualifies as a notary and is appointed. Under Article 3(1) of the Notarial Profession and Notarial Archives Act (Cap. 55), what must happen before he may practise as a notary?

• ANothing; the two professions may be exercised together by the same person
• BHe must obtain the consent of the Committee for Advocates and Legal Procurators
• CHe must limit his procurator work to the inferior courts and tribunals
• DHe must surrender his legal procurator's warrant

Under Article 889(1) of Cap. 12, what is the object of a judicial protest?

• ATo place other parties in bad faith or preserve one's own rights
• BTo start contentious proceedings on the merits of a claim against the other party
• CTo obtain an executive title against a debtor who does not reply in time
• DTo appeal against a decree of an inferior court before the definitive judgment

Under Article 890 of Cap. 12, from when does a protest or judicial letter ordinarily take effect?

• AFrom the day it is drafted
• BFrom the day it is filed, in all cases
• CFrom the day of its service
• DFrom the day the recipient replies

You file a judicial letter to interrupt prescription on the last possible day, but the marshal cannot serve it within the next eight days. Under Article 891(1) of Cap. 12, how can the letter still take effect from the day it was filed?

• ABy filing a second, identical judicial letter within one month of the first
• BBy having a registrar-signed notice of it published in the Gazette within a month
• CBy sending the debtor a copy by registered post with acknowledgement of receipt
• DIt cannot; if service fails within eight days, the letter has no effect at all

A judicial letter interrupting prescription was filed before the wrong court and contains a defect of form. Under Article 2129 of the Civil Code, does it still interrupt prescription?

• AYes, despite both the defect of form and the incompetent court
• BNo; any defect of form deprives the letter of all interruptive effect
• COnly if the competent court later ratifies the letter on application
• DOnly if the debtor acknowledges receipt of the letter in writing

Under Article 2130(1) of the Civil Code, when does a judicial act fail to interrupt prescription even though it was filed in time?

• AWhen it is served more than eight days after it was filed
• BWhen it is signed by a legal procurator but not by an advocate
• CWhen it is not served within one month after the prescriptive period ends
• DWhen the debtor refuses to accept it from the marshal

Under Article 187(1) of Cap. 12, how may service of a pleading be effected on a person who is not found personally?

• ABy e-mailing it to an address the person is known to use for business
• BBy leaving a copy at his residence, business or work address with a family or household m…
• CBy posting it on his front door, without leaving it with anyone
• DBy handing it to a neighbour who agrees to pass it on to him

The marshal leaves a copy of a sworn application with the defendant's 12-year-old son at the family home. Under the proviso to Article 187(1) of Cap. 12, what is the position?

• AService is valid because the son is a member of the household
• BService is valid only if the son signs the marshal's certificate of service
• CThe copy may not lawfully be left with a person under fourteen
• DService is valid if the marshal records the son's name and age on the return

The defendant personally refuses to take a sworn application from the court's executive officer. What can the plaintiff's legal procurator do under the second proviso to Article 187(1) of Cap. 12?

• AApply for a decree declaring service effected at the time of the refusal
• BTreat the refusal as an admission of the claim and ask for judgment
• CAsk the registrar to certify service, without any court decree
• DStart the case again with a fresh sworn application served by post

The marshal's certificate shows that the defendant's place of residence is not known, although nothing shows he is abroad. What may the court direct under Article 187(3) of Cap. 12?

• AThat the case be struck off the list until the defendant is traced
• BService by public posting and a summary in the Gazette and daily newspapers
• CThat service be effected on the defendant's last known employer
• DThat the defendant be deemed to have admitted the claim by default

A client is owed €22,000 on a liquidated, due trade debt by a debtor present in Malta. Under Article 166A(1) and (2) of Cap. 12, which statement about the special judicial letter is correct?

• AIt can be used, and the creditor must confirm its contents on oath
• BIt cannot be used, because the Article 166A limit is €15,000
• CIt can be used, but only after a sworn application on the debt has been decided
• DIt can be used without any oath, because it is only a judicial letter

A debtor served with an Article 166A judicial letter wants to oppose it without paying for representation. What does Article 166A(3) of Cap. 12 allow?

• AHe must file a sworn reply signed by an advocate within twenty days of service
• BHe cannot oppose the letter; he can only appeal once it becomes an executive title
• CHe must appear in person at a court sitting fixed by the registrar within thirty days
• DHe may file a rebutting note himself, without counsel, within thirty days

The debtor you intend to pursue under Article 166A of Cap. 12 has left Malta and his whereabouts are unknown. Why is the special procedure unsuitable?

• ABecause Article 166A applies only to debts owed by commercial companies
• BBecause Article 166A letters may be filed only in the Gozo registry
• CBecause the debtor must be present in Malta and substituted service is excluded
• DBecause the procedure needs prior leave of the Court of Appeal for absent debtors

When drafting a pleading claiming €7,350, how should the sum be written under Article 176(2) of Cap. 12?

• AIn figures only, to avoid discrepancies
• BIn words, at least where it first occurs in the pleading
• CIn words only in the heading of the pleading
• DIn any form, since the registry recalculates all sums

A sworn application claims payment of a sum but forgets to add the words 'with costs'. What is the effect under Article 177 of Cap. 12?

• AThe words are deemed to be included
• BThe plaintiff loses any right to be awarded costs in that case
• CThe pleading must be withdrawn and refiled with the missing words
• DCosts can then be claimed only by a separate action after judgment

A plaintiff withdraws the acts of a pending case by a note under Article 906 of Cap. 12 and later wants to sue again for the same cause. What does Article 907 provide?

• AWithdrawal operates as a judgment dismissing the claim, so no new action is possible
• BThe new action may be filed at once, and the costs of the first are decided at the end of…
• CIt has the effects of desertion; he must pay the costs before suing again
• DThe plaintiff needs the leave of the Court of Appeal to sue again for the same cause

A civil case was adjourned sine die by order of the court. Under Article 964(1) of Cap. 12, when is it deemed deserted?

• AAfter one year without any procedural step by either party
• BAfter six months from the adjournment, in all cases
• COnly when the court declares it deserted after hearing the parties
• DUnless re-appointed, or re-appointment is sought, within three months

Under Article 963(1) of Cap. 12, within what peremptory time must the written pleadings in a cause be closed, saving the exceptions in the Code?

• AThree months in first instance and six months in second instance
• BSix months in first instance and one year in second instance
• COne year in both instances
• DTwenty days from the filing of the sworn reply in both instances

A sworn application misstates the defendant's surname. Under Article 175(1) of Cap. 12, what may the court do?

• ADeclare the whole action null and order the plaintiff to start again
• BPermit its correction before judgment, if the substance is unaffected
• CCorrect the name only if the defendant consents to it in writing
• DAllow the pleading to be amended only after judgment, on appeal

What is the key difference between a precautionary act and an executive warrant under Cap. 12?

• AA precautionary act needs no prior judgment; an executive warrant enforces a title
• BA precautionary act is issued only by the Court of Appeal; executive warrants by inferior…
• CA precautionary act always requires a sworn application to have been decided first
• DThere is no real difference; the two terms are used interchangeably in Cap. 12

Which of the following is NOT listed as a precautionary act in Article 830(1) of Cap. 12?

• AWarrant of description
• BWarrant of impediment of departure
• CWarrant of arrest of aircraft
• DWarrant in factum

A client wants a precautionary garnishee order to secure a claim against the Government of Malta. What does Article 837(2) of Cap. 12 provide?

• AIt may be issued if the claim is of at least €11,647
• BIt may be issued, but only by the Civil Court, First Hall
• CIt may not be issued against the Government at all
• DIt may be issued if the Attorney General is notified within two days

The debtor applies under Article 836(1) of Cap. 12 to revoke a garnishee order issued against him. What procedure follows?

• ASeven days to reply, an urgent decision, and no appeal if the application is upheld
• BIt is heard as an ordinary cause, with witnesses heard over several sittings
• CThe court must decide within twenty days, and its decree is always appealable
• DThe application is referred to the Court of Appeal for a decision in chambers

Your client obtained a warrant of seizure and the twenty days to sue under Article 843 of Cap. 12 are about to expire while settlement talks continue. How can the time be extended under Article 844?

• ABy a registry note from the party against whom it was executed
• BBy an oral agreement between the legal procurators, noted in their files
• COnly by a decree of the Court of Appeal, on a sworn application
• DIt cannot be extended in any circumstances once the warrant is executed

Under Article 838B(1) of Cap. 12, unless rescinded or withdrawn, how long do precautionary warrants remain in force?

• AUntil the day judgment is delivered at first instance
• BFor fifteen days after the cause becomes res judicata
• CFor one year from their issue
• DFor twenty days from the filing of the main action

A client wants to secure a claim against the owner of a sea-going yacht 25 metres long. Under Article 855(1) of Cap. 12, which precautionary warrant may be issued against the vessel?

• AA warrant of seizure, as for any other movable property of the debtor
• BA garnishee order addressed to the port authority holding the vessel
• CA warrant of description of the vessel, its engines and its fittings
• DOnly a warrant of arrest, as it exceeds ten metres

After a warrant of arrest has been executed, the ship is removed from the court's jurisdiction in breach of it. Under Article 865(1) of Cap. 12, what follows?

• AThe warrant lapses, and the creditor must apply for a fresh one
• BThose in possession become jointly and severally liable to a €116,470 penalty
• CThe master alone is liable to a penalty of €1,164.69 under Article 836(8)
• DThe creditor must start fresh proceedings in the courts of the flag state

A creditor with a €20,000 claim fears the debtor will sell a specific apartment before judgment. Which precautionary act in Article 874(1) of Cap. 12 fits this purpose?

• AA prohibitory injunction restraining him from alienating it
• BA warrant of description of the apartment and its contents
• CA garnishee order addressed to the Land Registry and Public Registry
• DA warrant of impediment of departure against the debtor

Under Article 253(b) of Cap. 12, when is a contract received before a notary public in Malta an executive title?

• AAlways, whatever the nature of the obligation it contains
• BWhen it is for a debt certain, liquidated and due
• COnly when it is a public will opened after the testator's death
• DOnly after it has been confirmed by a decree of the Civil Court

Under Article 253(c) of Cap. 12, in whose favour may a taxed bill of judicial fees and disbursements be issued and still count as an executive title?

• AOnly the Registrar, for registry fees due on the case
• BOnly advocates, for fees taxed under Tariff E
• COnly the successful party, for the costs awarded in the judgment
• DListed persons including the Registrar, advocates and legal procurators

A creditor wants to enforce, for the first time, a notarial loan contract that could have been enforced six years ago. Under Article 258 of Cap. 12, what must he do?

• ANothing special; he may issue an executive warrant after a two-day intimation
• BBring a fresh action on the merits, since the title has become stale
• CApply to the competent court, confirming on oath that the debt is still due
• DObtain leave from the Court of Appeal before any warrant may issue

Under Article 375 of Cap. 12, what does an executive garnishee order allow a creditor holding a judgment or other executive title to do?

• ASeize the debtor's immovable property and have it sold by auction
• BAttach the debtor's money or movables held by a third party
• CPrevent the debtor from leaving Malta until the debt is paid
• DEvict the debtor from a property he rents from the creditor

A judgment debtor earns a monthly salary of €2,000. Under Articles 381(1)(a) and 382(1) of Cap. 12, to what extent may a garnishee order reach that salary, absent any ministerial order changing the figure?

• AOnly the part exceeding €1,233 a month
• BThe whole salary, since a judgment creditor has priority over the employee
• CNothing, because salaries are absolutely exempt from garnishee orders
• DUp to one-third of the salary, whatever its amount

Which of the following cannot be attached by a garnishee order under Article 381(1) of Cap. 12?

• AA trade debt owed to the debtor by a customer
• BA bank account used solely to receive social security benefits
• CRent owed to the debtor by his tenant
• DThe balance of the debtor's ordinary savings account