CVLE Vocational Examination - Attorney (Mauritius)

What jurisdiction does section 76(1) of the Constitution confer on the Supreme Court?

• AUnlimited jurisdiction in civil and criminal proceedings under any law other than a disci…
• BAppellate jurisdiction only, with every first-instance case heard by the subordinate cour…
• CJurisdiction limited to civil claims above the Intermediate Court's prescribed amount of…
• DJurisdiction over constitutional matters only, with ordinary cases left to the Intermedia…

Under section 77 of the Constitution, how are the Chief Justice and the Puisne Judges appointed?

• ABoth are elected by the National Assembly by a three-quarters majority of all its members
• BBoth are appointed by the Prime Minister acting on the advice of the Bar Council
• CThe CJ by the President after consulting the PM; Puisne Judges on the JLSC's advice
• DBoth are appointed by the Judicial and Legal Service Commission, without any role for the…

A client alleges that a provision of the Constitution outside Chapter II has been contravened in a way that affects his interests. Which procedure does section 83 provide?

• AA complaint to the Electoral Commissioner, who reports to the National Assembly
• BAn application to the Supreme Court for a declaration and relief under section 83
• CA petition to the President, who decides the question in his own deliberate judgment
• DA private prosecution against the official concerned before the Intermediate Court

A statutory tribunal decides a client's civil claim after a four-year delay caused entirely by the tribunal. Which provision of the Constitution is most directly engaged?

• ASection 10(4), which prohibits retrospective criminal offences and penalties
• BSection 16, which protects against discriminatory treatment by public authorities
• CSection 5, which protects personal liberty against unlawful detention
• DSection 10(8), the fair hearing within a reasonable time in civil matters

In a civil case concerning a 15-year-old child, one party asks for the public to be excluded. What does section 10 of the Constitution provide?

• APublic unless all parties agree, but outsiders may be excluded where the law allows, e.g.…
• BProceedings involving children must always be held entirely in private, including the ann…
• CThe public can never be excluded from any civil hearing, whatever the age of the persons…
• DOnly the President can authorise a private hearing, acting on the advice of the Chief Jus…

A new law increases the maximum penalty for an offence. A client committed that offence before the law came into force. What does section 10(4) of the Constitution provide?

• AThe new maximum applies, because the trial started after the law came into force
• BThe court chooses whichever of the two maximum penalties it considers more just
• CThe earlier maximum applies: no heavier penalty than was available when the offence was c…
• DThe client can no longer be prosecuted, because the law creating the offence has changed

Officials entered a client's premises without consent under a public health law. The client asks whether section 9 of the Constitution was breached. How is section 9 structured?

• AIt forbids any entry on premises without consent, with no exceptions whatever
• BIt protects only dwelling houses and gives no protection to business premises
• CIt applies only to entries and searches carried out by police officers
• DIt bars entry without consent, but saves justified laws, e.g. on public health

A client newspaper is restrained from publishing confidential information about a pending case. Which statement about section 12 of the Constitution is accurate?

• AFreedom of expression is absolute and cannot be limited by any law, even to protect the c…
• BJustified laws may restrict it, for example to protect the authority and independence of…
• CSection 12 protects only political speech, not the reporting of court cases
• DSection 12 protects individuals but never companies, so a newspaper has no claim

Which statement about the Attorney-General is correct under section 69 of the Constitution?

• AThe principal legal adviser to the Government, holding ministerial office and entitled to…
• BThe Attorney-General directs the DPP in criminal prosecutions and answers for them in Par…
• CThe Attorney-General is appointed by the Judicial and Legal Service Commission for a fixe…
• DThe Attorney-General presides over the Council for Vocational Legal Education

A client has started a private prosecution in the District Court. Which statement reflects section 72 of the Constitution?

• AOnly the police may withdraw a private prosecution, once the accused has been charged
• BThe DPP may intervene only with the Magistrate's permission, given after hearing the priv…
• CThe DPP may take it over or discontinue it; the client may withdraw only before charge
• DA private prosecution cannot be discontinued by anyone once it has been filed with the co…

A District Magistrate persistently refuses to hear a client's application in breach of the procedure laid down by law, and no appeal is yet available. What source of power allows the Supreme Court to intervene?

• ASection 64 of the Constitution, which governs how public functions are exercised
• BSection 97 of the Constitution, which allows investigation of maladministration
• CThe Law Practitioners Act, which gives the Supreme Court control over court proceedings
• DSection 82(1): supervisory jurisdiction over subordinate courts

You are preparing an application for leave to apply for judicial review under section 76C(2) of the Courts Act. How must it be made?

• ABy plaint with summons before the District Court, served by an usher
• BBy motion, supported by an affidavit, documents and a statement of case setting out the g…
• CBy letter to the Chief Justice, who refers it to a Judge in Chambers
• DBy statement of claim served by an usher, without any affidavit

The Judge in Chambers refuses your client leave to apply for judicial review. What does section 76G of the Courts Act provide?

• ANo appeal lies against either a grant or a refusal of leave, because leave is discretiona…
• BThe client must start a fresh leave application before another Judge in Chambers
• CA refusal of leave can be appealed to the Supreme Court, but a grant of leave cannot
• DOnly the respondent may appeal a decision on leave, and only if leave was granted

At the leave stage of a judicial review, the respondent authority files grounds of objection but no affidavit. The applicant argues that the facts in its affidavit must therefore be taken as admitted. Is the applicant right under section 76D of the Courts Act?

• ANo: at the leave stage, the absence of the respondent's affidavit is not an admission
• BYes; any fact not contradicted by affidavit is deemed admitted for all purposes of the re…
• CYes, but only if the respondent is a Government department rather than a statutory body
• DNo, because affidavits are never used at any stage of judicial review proceedings

A disciplinary board member who decided a client's case is the brother of the complainant. On which ground of judicial review is the decision most clearly vulnerable?

• AIrrationality, because no reasonable board would have reached the decision
• BIllegality, because the board lacked statutory power to decide the case
• CBreach of legitimate expectation arising from the board's past practice
• DProcedural impropriety, because the brother's involvement breaches the rule against bias

For years a ministry consulted licensed traders before changing licence fees. It has now raised fees without any consultation. Which argument best fits the traders' judicial review?

• ABreach of a procedural legitimate expectation, based on the consistent practice of consul…
• BBreach of contract, since licences are commercial contracts between the ministry and each…
• CDiscrimination under section 16 of the Constitution on the ground of occupation
• DBreach of the rule against double jeopardy, since the traders were already charged a fee

A client asks the Ombudsman to investigate a Government department's action taken 18 months ago. He has no court remedy, and the delay has no good reason. What does section 97(8) of the Constitution provide?

• AThe Ombudsman must investigate every complaint of maladministration regardless of delay
• BThe Ombudsman may investigate only if the Prime Minister gives written consent
• CHe shall not investigate a complaint delayed without reason for over 12 months
• DThe complaint must first be heard by the Public Bodies Appeal Tribunal before the Ombudsm…

An attorney starts a debt claim in a District Court under section 4 of the District and Intermediate Courts (Civil Jurisdiction) Act. What does the section require?

• AA statement of claim filed at the Supreme Court Registry and served by an usher within 14…
• BAn originating motion supported by an affidavit of debt, heard by the Magistrate in chamb…
• CA formal notice (mise en demeure) lodged with the Magistrate, followed by a hearing date
• DA plaint entered by the clerk and a summons served at least 48 hours before trial

In which district should a District Court plaint normally be entered under section 5 of the District and Intermediate Courts (Civil Jurisdiction) Act?

• AAlways in Port Louis, where the District Court has jurisdiction over the whole island
• BWhere the defendant dwells or does business, or where the land in issue lies
• CIn the district where the plaintiff's attorney has his office and practice
• DIn any district the plaintiff chooses, provided the claim is within the prescribed amount

A client is owed Rs 300,000 under one contract and wants to sue in the District Court for speed. Which course does section 11 of the District and Intermediate Courts (Civil Jurisdiction) Act permit?

• AAbandon the excess over the District Court's limit and recover up to that limit, losing t…
• BSplit the debt into two plaints of Rs 150,000 each, heard together
• CSue for the full amount in the District Court, since its jurisdiction is flexible for con…
• DEnter one plaint in each of two different districts, each for half the debt

A client wants to use the small claims procedure (Part IIA) for Rs 90,000 owed under a sale completed three years ago. What obstacle does section 21B of the District and Intermediate Courts (Civil Jurisdiction) Act raise?

• ASmall claims under Part IIA must exceed Rs 100,000, so the claim is too small
• BSmall claims require prior mediation by the Master and Registrar before a plaint is enter…
• CA Part IIA claim cannot be brought after 2 years from the date the cause of action arose
• DSmall claims can be brought only by companies, not by individual traders

The defendant did not appear, and judgment was given in terms of the plaint. The defendant now shows he never received the summons. What does section 16 of the District and Intermediate Courts (Civil Jurisdiction) Act allow?

• ANothing; default judgments of a District Court are final and cannot be reopened
• BAn appeal to the Court of Civil Appeal only, with notice within 21 days
• COnly a fresh action by the defendant for damages against the plaintiff
• DSet aside and retrial, on terms, for non-service or other sufficient cause

A client's cousin, who has no legal qualification, offers to appear for the client in a District Court civil case. What does section 14 of the District and Intermediate Courts (Civil Jurisdiction) Act provide?

• AAny adult may appear for a party, provided the party signs a written authority
• BOnly attorneys or barristers, or a person the Magistrate allows, may appear for a party
• COnly barristers may appear in the District Court, and attorneys only for formal steps
• DRelatives may appear without leave, since the District Court is a people's court

A Supreme Court Judge gave final judgment against your client in the Commercial Division. Under section 6 of the Civil Appeal Act 2025, what must you do?

• AWritten notice of appeal, with grounds, to the Master and Registrar within 21 days of the…
• BFile a plaint in the Intermediate Court to set aside the Supreme Court judgment
• CApply to the Privy Council for special leave within 21 days of the judgment
• DGive notice of appeal to the Clerk of the Intermediate Court within 21 days

How is the Court of Civil Appeal constituted under section 4 of the Civil Appeal Act 2025?

• AA single Judge, who may be the trial Judge if the Chief Justice so directs
• BFive Judges in every appeal, presided over by the Chief Justice
• CAt least 2 Judges, not including the Judge whose decision is appealed
• DTwo Judges and one senior barrister appointed by the Bar Council for each appeal

Your client missed the 21-day deadline to appeal an Intermediate Court judgment because the court never told him of his right of appeal. How can he seek more time under the Civil Appeal Act 2025?

• AHe cannot; the 21-day time limit is absolute and cannot be extended
• BBy writing to the Clerk, who has a discretion to accept a late notice
• CBy applying to the Court of Civil Appeal by plaint with summons
• DBy motion and affidavit to the Supreme Court, relying on the failure to notify him

On a civil appeal, the only complaint is that the trial court wrongly admitted a document. Under section 20 of the Civil Appeal Act 2025, when may the Appellate Court order a new trial on that ground?

• AWhenever any evidence was wrongly admitted, since that is an error of law
• BOnly if there was some substantial wrong or miscarriage of justice, with any new trial wi…
• CNever, because evidential rulings of a trial court cannot be appealed at all
• DOnly if both parties consent to a new trial before a differently constituted bench

After giving judgment, a District Court fails to notify the losing party in writing of the right to appeal, as section 3 of the Civil Appeal Act 2025 requires. What is the consequence?

• AThe judgment is void, and the case must be heard again
• BThe failure is itself a ground of appeal that must be allowed
• CNot a ground of appeal, but a ground for extending time
• DThe Clerk must reopen the trial and notify the parties afresh

An attorney needs a court ruling that an attachment (saisie) laid by a creditor is valid. Under section 71 of the Courts Act, which forum can finally dispose of such an application?

• AThe Judge in Chambers, whose order is authority for the Registrar to issue a rule
• BThe Court of Civil Appeal, sitting at first instance on applications about attachments
• CThe Industrial Court, which deals with attachments of wages and salaries
• DThe Law Practitioners Complaints Commission, which supervises ushers and attorneys

A District Court judgment debtor has too few movables to satisfy the debt. Under section 25 of the District and Intermediate Courts (Civil Jurisdiction) Act, how may the creditor's attorney proceed against the debtor's land?

• ABy seizing the land immediately, without any writ, once the goods prove insufficient
• BBy asking the Magistrate to transfer title to the land directly to the creditor
• CBy writ of execution, then seizure and sale before the Master after 10 days
• DOnly by starting a new action in the Supreme Court for the sale of the land

An usher seizes a judgment debtor's goods in execution of a District Court judgment. Under section 26 of the District and Intermediate Courts (Civil Jurisdiction) Act, when may the goods normally be sold?

• AImmediately after seizure, so that the creditor is paid without delay
• BOnly after 30 days and a formal valuation of the goods by the Master and Registrar
• COnly after the debtor consents in writing to the sale
• D4 days after Gazette notice, unless perishable or requested

A person has repeatedly and without reasonable grounds sued your client on the same facts. Which procedure does section 197F of the Courts Act provide?

• AYour client may apply directly to the Master to strike out all future claims by that pers…
• BOn the Attorney-General's application, a Judge may declare him a vexatious litigant
• CThe Commissioner of Police may prohibit the person from entering court buildings
• DOnly the Privy Council may restrict a person's access to the Mauritian courts

On the trial date, the defendant's attorney obtains a postponement, and the plaintiff has brought three witnesses to court for nothing. What may the court do under section 197E of the Courts Act?

• ARefuse to hear any further application by the defendant until the costs are paid
• BStrike out the defence as a sanction for the late request
• CFine the defendant's attorney for contempt of court
• DOrder adjournment costs under the Fifth Schedule, including the costs of the witnesses' a…

Under section 131 of the Courts Act, what language rules apply in the Intermediate Court and District Courts?

• AProceedings are in French only, with an English translation of the judgment on request
• BProceedings may be in any language the parties choose at the start of the case
• CThe language is English, although any person may address the Court in French
• DProceedings are in Kreol Morisien, with an English translation for the record

An attorney is instructed to seek bail for a client who has been provisionally charged. Which court normally has jurisdiction under section 19 of the Bail Act?

• AThe Bail and Remand Court
• BThe Supreme Court only, on an application by motion supported by affidavit
• CThe Master and Registrar, who fixes the amount of the recognisance
• DThe Commissioner of Police, subject to review by a Magistrate

Your client is arrested late on a Friday and cannot practicably be brought before a Magistrate until Monday. What does section 12 of the Bail Act provide?

• AHe must remain in police custody until Monday in every case, whatever the offence
• BHe must be released on parole unless an ASP certifies a specified risk
• CHe may be released only on a surety approved in writing by the DPP
• DHe must be taken before the Master and Registrar, who sits at weekends for bail

An Assistant Superintendent of Police asks the Immigration Officer to stop your client from leaving Mauritius. No court order has been made. How long does the restriction last under section 13 of the Bail Act?

• A72 hours after notification, unless a Court orders otherwise
• BIt lasts until the end of the trial, unless the DPP lifts it earlier
• CIt lasts 21 days and may be renewed by the police once
• DIt lasts until the DPP decides whether to prosecute the client

A Court has made a prohibition order under section 14 of the Bail Act preventing your client from leaving Mauritius. He now needs to travel repeatedly for urgent business. What may the attorney do?

• ANothing; prohibition orders cannot be varied once made
• BAsk the Immigration Officer to lift the order for each trip
• CApply to the Court where the case is pending for a variation allowing departures on condi…
• DApply to the Ombudsman to review the order for maladministration

A client stood surety for his nephew, who has now failed to appear, and the recognisance has been estreated. What recourse exists under section 10 of the Bail Act?

• ANone; the estreated sum is automatically cancelled after 6 months if not paid
• BThe surety may ask the Master to divide the sum among other family members
• CEstreatment is illegal whenever the amount exceeds the court's civil jurisdiction
• DReinstatement on the day or the next day for reasonable cause; otherwise ask the Attorney…

A client who stood surety wants to be released from that obligation. What does section 9 of the Bail Act require?

• AHe can withdraw by simply writing to the police station where the defendant reports
• BHe must first pay the full amount of the recognisance into court
• CSurrender the defendant, or satisfactorily explain why he cannot
• DHe needs only the defendant's written consent, filed with the Clerk

A detainee's cousin offers to pay the surety back if the detainee absconds and the recognisance is estreated. What does section 21 of the Bail Act provide?

• ASuch an arrangement is lawful if it is written down and signed by both parties
• BAn agreement to indemnify a surety is itself an offence, committed by both parties
• CSuch an arrangement is lawful only between close relatives of the detainee
• DIt is an offence only if the detainee actually absconds and the recognisance is estreated

Which of the following is a condition a Court may impose on release on bail under section 7 of the Bail Act?

• AReporting in person and a curfew after 6 p.m.
• BSurrender of the detainee's right to be represented by counsel of his choice
• CAn obligation to plead guilty at the first hearing in exchange for release
• DPayment of the prosecution's investigation costs in advance of the trial

A client in custody at a remote prison has a remand extension hearing. Under section 20 of the Bail Act, how may he appear?

• AHe must always be physically produced before the Court for any remand hearing
• BOnly through his attorney, without his own presence or participation
• COnly by a written statement sent by the prison to the Court
• DThe Court may order him to appear by an approved live video or television link, ensuring…

Your client was convicted and sentenced in the Intermediate Court. Under section 12 of the Criminal Appeal and Criminal Review Act 2025, what does the attorney file, and when?

• AWritten notice of appeal with grounds to the Clerk, within 21 days after sentence
• BA petition to the Court of Criminal Appeal within 6 months of the conviction
• CAn application to the DPP to review the conviction and refer it to the Supreme Court
• DA plaint in the Supreme Court within 30 days of the Intermediate Court's judgment

A client sentenced to imprisonment by the District Court has given notice of appeal and wants to be released pending the appeal. What does section 17 of the Criminal Appeal and Criminal Review Act 2025 provide?

• ARelease pending appeal is automatic once notice of appeal is given
• BRelease pending appeal is prohibited for anyone sentenced to imprisonment
• CThe convicting court may remand him pending appeal; the Appellate Court may grant bail
• DOnly the President may grant release pending appeal, under the prerogative of mercy

A client spent 8 months on remand before being sentenced to 3 years' imprisonment, and he appeals. What does section 35 of the Criminal Appeal and Criminal Review Act 2025 require of the Appellate Court?

• AIt may ignore time on remand, since remand is not punishment
• BFull credit for time in custody, deducted from the sentence imposed
• CIt must double the credit for remand time to compensate for prison conditions
• DIt may give credit only if the DPP agrees at the appeal hearing

On appeal, the defence argues for the first time that the information contained a defect of form. No objection was taken at trial. What does section 22 of the Criminal Appeal and Criminal Review Act 2025 provide?

• ANot allowed unless raised below; quashing needs refusal to amend and prejudice
• BAny defect in the information automatically nullifies the conviction, whenever raised
• CThe Appellate Court must order a retrial whenever the information is found to be defective
• DDefects in an information can only be raised by the DPP, who drafted it

At a District Court trial, the defence did not object when the prosecution produced a document the defence now says was inadmissible. What does section 24 of the Criminal Appeal and Criminal Review Act 2025 provide?

• AThe Appellate Court must quash any conviction resting even partly on improper evidence
• BThe Appellate Court must remit the case for the disputed evidence to be re-heard
• CNo objection unless raised at trial, and no quashing where the other evidence suffices to…
• DEvidence rulings cannot be challenged on appeal in any circumstances whatever