Sierra Leone Law School Final Examination (Council of Legal Education)

Under the High Court Rules 2007 of Sierra Leone, which of the following is the standard originating process used to begin an ordinary civil action where substantial disputes of fact are expected?

• AWrit of Summons
• BOriginating Summons
• CPetition
• DNotice of Motion

What is the life of a concurrent Writ of Summons in the first instance for service within the jurisdiction of Sierra Leone under the High Court Rules 2007?

• A12 months
• B6 months
• C3 months
• D24 months

How must a Writ of Summons be served on a company incorporated in Sierra Leone under the Companies Act 2009 and High Court Rules?

• ABy leaving it at or sending it by registered post to the registered office of the company
• BBy personal service on any shareholder of the company
• CBy publishing it in the Gazette and one national newspaper
• DBy leaving it with the chief security officer at any company branch office

In a civil suit in the High Court of Sierra Leone, within how many days must a defendant served within the jurisdiction enter an appearance after being served with a Writ of Summons?

• A8 days
• B14 days
• C21 days
• D30 days

Under Order 14 of the High Court Rules 2007, which condition must be met before a plaintiff can apply for summary judgment on the ground that the defendant has no defense?

• AThe defendant must have entered an appearance in the action
• BThe defendant must have failed to file a defence within 30 days
• CThe court must have ordered pleadings to be closed
• DA preliminary objection must have been raised and dismissed

If a Statement of Claim is not indorsed on the writ, by when must the plaintiff serve it under Order 21 of the High Court Rules 2007?

• ABefore the expiration of 10 days after the time limited for appearance
• BWithin 7 days after the writ is issued
• CWithin 21 days after the close of pleadings
• DWithin 30 days after the defendant files a defence

Within what period must a defendant who has appeared serve their Statement of Defence under Order 21 of the High Court Rules 2007?

• A30 days
• B14 days
• C10 days
• D45 days

If a defendant claims that a third party is liable to contribute or indemnify them against the plaintiff's claim, what procedure must the defendant initiate?

• AThird-Party Procedure
• BInterpleader Summons
• CRepresentative Action
• DCounterclaim

Which originating process is appropriate for a Sheriff who has seized property under a writ of execution, only to have a third party claim ownership of the seized property?

• ASheriff's Interpleader Summons
• BWrit of Summons
• COriginating Summons
• DNotice of Motion for Release

In an urgent application for an interlocutory injunction to prevent imminent damage before a formal application can be heard, what must the applicant file?

• AEx parte Motion supported by an Affidavit of Urgency
• BOriginating Summons with a Statement of Claim
• CMotion on Notice without any supporting documents
• DLetter of request to the Chief Justice

If the plaintiff's claim is for a liquidated demand only, and the defendant fails to enter an appearance within the time limit, what type of judgment may the plaintiff enter?

• AFinal default judgment
• BInterlocutory default judgment
• CSummary judgment under Order 14
• DConsent judgment

If a plaintiff's claim is for unliquidated damages and the defendant fails to file a Statement of Defence within the allowed period, what is the correct step for the plaintiff?

• AEnter interlocutory default judgment and apply for assessment of damages
• BEnter final default judgment for the full amount claimed in the writ
• CFile a motion for summary judgment under Order 14
• DRequest that the Registrar strike out the defendant's appearance

Under what circumstances will the High Court of Sierra Leone grant an order for substituted service of a writ?

• AWhen it is shown by affidavit that prompt personal service cannot be effected
• BAutomatically if the defendant lives outside the Western Area
• CIf the claim is for an amount less than NLe 10,000
• DIf the defendant is a foreign diplomat residing in Freetown

Without leave of court, how many times may a party amend any of their pleadings before the pleadings are deemed closed?

• AOnce
• BTwice
• CAs many times as necessary
• DNever, leave of court is always required

When are pleadings deemed closed in a civil action in the High Court of Sierra Leone?

• AAt the expiration of 14 days after service of the defence or reply
• BImmediately upon the filing of the Statement of Defence
• COnly when the Judge signs the trial bundle
• DWhen the plaintiff serves a notice of trial on the defendant

Which writ of execution is used to direct the Sheriff to seize and sell the goods and chattels of a judgment debtor to satisfy a money judgment?

• AWrit of Fieri Facias (Fi.Fa.)
• BWrit of Possession
• CWrit of Delivery
• DWrit of Sequester

In garnishee proceedings to attach a debt owed to a judgment debtor, what is the nature of the first order (Garnishee Order Nisi) granted by the court?

• AAn interim order directing the garnishee to show cause why the debt should not be paid to…
• BA final order directing the bank to immediately release the funds
• CAn order committing the judgment debtor to prison for non-payment
• DAn order directing the Sheriff to auction the garnishee's goods

Except where otherwise permitted by the rules or court, what is the minimum number of clear days required between the service of a Motion on Notice and the day named in the notice for hearing the motion?

• A2 clear days
• B4 clear days
• C7 clear days
• D10 clear days

On what ground may the High Court of Sierra Leone strike out any pleading at any stage of the proceedings?

• AIt discloses no reasonable cause of action or defence
• BIt is written in legal jargon
• CIt is longer than ten pages
• DIt contains references to English case law

What is the statutory timeline for filing an appeal to the Court of Appeal of Sierra Leone against an interlocutory decision of the High Court?

• A14 days
• B3 months
• C30 days
• D60 days

Under the Criminal Procedure Act 1965 of Sierra Leone, which of the following is required to constitute a valid arrest when the person does not submit to custody?

• AActually touching or confining the body of the person to be arrested
• BVerbally declaring the arrest from a distance of at least five feet
• CObtaining a written signature on an arrest slip at the scene
• DHandcuffing the suspect immediately regardless of cooperation

When may a private person arrest another person without a warrant under the Criminal Procedure Act 1965 of Sierra Leone?

• AWhen an indictable offence is committed in their presence
• BWhenever they suspect someone of committing a misdemeanor
• CFor any traffic offence committed on a public highway
• DOnly when directed in writing by a Paramount Chief

Which judicial officer must sign an arrest warrant or search warrant for it to be valid under the Criminal Procedure Act 1965?

• AThe Magistrate or Judge issuing it
• BThe Attorney-General
• CThe Inspector General of Police
• DThe Director of Public Prosecutions

Which court has the primary jurisdiction to conduct preliminary investigations (PI) under the Criminal Procedure Act 1965 of Sierra Leone?

• AMagistrates' Court
• BHigh Court
• CCourt of Appeal
• DLocal Court

What is the ultimate decision a Magistrate must make at the conclusion of a preliminary investigation under the Criminal Procedure Act 1965?

• AEither discharge the accused or commit them for trial in the High Court
• BFind the accused guilty or not guilty
• CSentence the accused to a term of imprisonment
• DRefer the case to the Attorney-General for final sentencing

Which office is responsible for drafting and filing an indictment against an accused person committed for trial in the High Court of Sierra Leone?

• AOffice of the Director of Public Prosecutions
• BThe Registrar of the High Court
• CThe Complainant's private solicitor
• DThe Master and Registrar of the Supreme Court

Which of the following is the primary statutory factor a court must consider when deciding whether to grant bail to an accused person in Sierra Leone?

• AThe likelihood of the accused appearing to stand trial
• BThe political or social status of the accused's family
• CWhether the complainant has forgiven the accused
• DThe availability of a private cell in the prison

What is the effect of a 'nolle prosequi' entered by the Attorney-General under the 1991 Constitution and Criminal Procedure Act of Sierra Leone?

• AIt discontinues the prosecution of the case, but does not operate as an acquittal
• BIt permanently acquits and discharges the accused of the offense
• CIt transfers the case from the Magistrates' Court to the High Court
• DIt requests a presidential pardon for the accused

If a Magistrate determines that a case is suitable for summary trial, but the offense is indictable, what procedural step must be taken before the Magistrate can try the case?

• AThe Magistrate must obtain the consent of the accused to be tried summarily
• BThe Magistrate must obtain written permission from the Chief Justice
• CThe complainant must pay a summary trial fee
• DThe accused must plead guilty to the charge first

What are the two mandatory components of every count contained in a criminal indictment in Sierra Leone?

• AA Statement of Offence and Particulars of Offence
• BA Plea of Guilt and a list of prosecution witnesses
• CThe Name of the complainant and the signature of the Magistrate
• DThe Statutory penalty and the address of the police station

When a Magistrate's Court is trying a summary offense, what is the maximum term of imprisonment it can ordinarily impose, unless a specific statute increases its sentencing limits?

• A6 months
• B2 years
• C5 years
• D12 months

In a trial by jury in the High Court of Sierra Leone for a capital offense (such as murder), what type of verdict is required for conviction?

• AA unanimous verdict of all twelve jurors
• BA simple majority of the jurors
• CA two-thirds majority of the jurors
• DA verdict agreed upon by at least ten jurors

What is the term used for the formal court procedure where the charge or indictment is read to the accused, and they are asked to plead 'guilty' or 'not guilty'?

• AArraignment
• BPreliminary Inquiry
• CCommittal proceeding
• DAllocutus

At what stage of a criminal trial in Sierra Leone is the 'allocutus' made?

• AAfter conviction but before sentencing
• BImmediately after the arraignment and plea of not guilty
• CDuring the opening address of the defence counsel
• DImmediately after the prosecution closes its case

If the defence makes a 'no-case submission' at the close of the prosecution's case, what is the legal test the court must apply?

• AWhether the prosecution has led evidence which, if believed, establishes a prima facie ca…
• BWhether the prosecution has proved its case beyond all reasonable doubt
• CWhether the accused is innocent on a balance of probabilities
• DWhether the complainant has established a civil claim for damages

What is required under Sierra Leone law for a private person to initiate a private prosecution for an indictable offense?

• AThe consent or fiat of the Attorney-General
• BA written recommendation from the Sierra Leone Bar Association
• CA direct order from the President of Sierra Leone
• DThe consent of the Paramount Chief of the area where the crime occurred

Which form of punishment, historically found in colonial-era statutes, is now unconstitutional in Sierra Leone as a violation of the protection against torture, inhuman, or degrading treatment?

• ACorporal punishment (flogging/whipping)
• BFines payable in local currency
• CCommunity service orders
• DAsset forfeiture and confiscation

When a criminal charge is filed in the Magistrates' Court for a minor summary offense, what process is issued in the first instance to compel the attendance of the accused?

• AA Criminal Summons
• BA Warrant of Arrest
• CA Writ of Subpoena
• DA Bench Warrant

What is the general rule regarding the limitation of time for initiating prosecutions for felonies in Sierra Leone?

• AThere is no time limit; prosecution can be initiated at any time (nullum tempus occurrit…
• BProsecution must be initiated within 6 years of the offense
• CProsecution must be initiated within 1 year of the offense
• DProsecution must be initiated within 12 years of the offense

Between which hours must a search warrant ordinarily be executed under the Criminal Procedure Act 1965, unless the warrant specifically authorizes execution at other times?

• ABetween 6:00 a.m. and 6:00 p.m. (daytime)
• BBetween 9:00 a.m. and 5:00 p.m. (business hours)
• CBetween sunrise and sunset
• DAny time of the day or night automatically

What is the relationship between relevance and admissibility under the law of evidence in Sierra Leone?

• ARelevance is a condition precedent for admissibility, but not all relevant evidence is ad…
• BAll relevant evidence is automatically admissible in court
• CAdmissibility is determined first, and only admissible evidence is examined for relevance
• DRelevance and admissibility are identical concepts under the law

What is the primary reason why hearsay evidence is generally inadmissible in civil and criminal proceedings?

• AThe original declarant was not under oath and cannot be cross-examined
• BIt is always written and cannot be read aloud
• CIt is subject to a high stamp duty fee
• DIt can only be presented by the defendant

Under what condition is a dying declaration admissible as an exception to the hearsay rule in Sierra Leone?

• AOnly in trials for murder or manslaughter where the declarant was in settled, hopeless ex…
• BIn any civil action for breach of contract
• CWhenever the witness is too tired to attend court
• DIn any criminal trial, provided it was written down by a police officer

Under the doctrine of 'res gestae', when is an out-of-court statement admissible despite the hearsay rule?

• AWhen the statement is made spontaneously and contemporaneously with a startling event
• BWhen the statement is written in a registered land deed
• CWhen the statement is made to a priest during confession
• DWhen the statement is a formal deposition taken before a notary public

What is the legal standard for a confessional statement made by an accused to a police officer to be admissible in a criminal trial in Sierra Leone?

• AIt must have been made voluntarily, without threat, promise, or inducement
• BIt must be signed by the accused's defense counsel
• CIt must be recorded on video camera
• DIt must be made in the presence of a Magistrate

If the defence objects to the admissibility of a confessional statement on the ground that it was obtained by torture or inducement, what procedure must the trial judge conduct?

• AA trial-within-a-trial (voir dire)
• BAn immediate referral to the Supreme Court
• CAn out-of-court arbitration session
• DA summary sentencing hearing

What is the general rule regarding the compellability of the spouse of an accused person to give evidence for the prosecution in Sierra Leone?

• AThe spouse is competent but generally not compellable for the prosecution, except in spec…
• BThe spouse is completely incompetent and can never give evidence
• CThe spouse is automatically compellable in all cases
• DThe spouse can only give evidence if they obtain the consent of the Paramount Chief

In a criminal trial, when is evidence of the bad character of the accused person admissible for the prosecution?

• AOnly after the accused has introduced evidence of their own good character
• BAutomatically in the prosecution's opening statement
• CWhenever the complainant requests it
• DOnly if the accused refuses to enter the witness box