Judicial and Extra-Judicial Remedies — MCQs

All questions with answers and explanations

Read the full set here, or use the practice card above to test yourself one question at a time.

1. How are remedies in the law of torts broadly divided?

   • Civil remedies and criminal remedies only
   • Judicial remedies (obtained through a court) and extra-judicial remedies (available without approaching a court) (correct answer)
   • Statutory remedies and common law remedies only
   • Domestic remedies and international remedies

   Explanation. Remedies in tort are broadly divided into judicial remedies, which require court intervention, and extra-judicial (self-help) remedies, which can be exercised without going to court.

2. Which of the following is a judicial remedy in tort law?

   • Re-entry on land
   • Damages awarded by a court (correct answer)
   • Abatement of nuisance
   • Distress damage feasant

   Explanation. Damages, awarded through court proceedings, is a judicial remedy — the other three options are all extra-judicial (self-help) remedies.

3. What is 'expulsion of trespasser' as an extra-judicial remedy?

   • A criminal complaint filed against a trespasser
   • The right of a lawful occupier to use reasonable force to remove a trespasser from their land, without resorting to court proceedings (correct answer)
   • A court order requiring a trespasser to pay damages
   • A statutory notice period required before removing any person from land

   Explanation. Expulsion of trespasser allows a lawful occupier to use reasonable force, without breach of the peace, to remove a trespasser from their land, without first obtaining a court order.

4. What limits the lawful exercise of the extra-judicial remedy of re-entry on land?

   • It can be exercised at any time, with any degree of force
   • It must be exercised peaceably, without unnecessary force, and generally without unreasonable delay (correct answer)
   • It requires prior written notice of thirty days in every case
   • It can only be exercised by a licensed advocate

   Explanation. Re-entry must be exercised peaceably and without excessive force or unreasonable delay — exceeding these limits can itself expose the person exercising the remedy to liability.

5. What is 're-caption of goods' as an extra-judicial remedy?

   • A court-ordered seizure of goods
   • The right of an owner to retake their own goods that have been wrongfully taken or detained by another, using reasonable and peaceable means (correct answer)
   • A criminal remedy for theft
   • A remedy available only to registered businesses

   Explanation. Re-caption of goods allows an owner to peaceably retake their own goods wrongfully taken or detained by another, without needing to go to court, provided reasonable and peaceable means are used.

6. What is 'distress damage feasant'?

   • The right to seize and detain an animal or chattel that is unlawfully on one's land and causing damage there, until compensation is paid (correct answer)
   • A judicial writ compelling payment of damages
   • A criminal penalty for trespass by livestock
   • A statutory tax on damaged property

   Explanation. Distress damage feasant allows an occupier to seize and detain a trespassing animal or chattel causing damage on their land, as security until compensation is paid, without going to court.

7. What is 'abatement of nuisance' as an extra-judicial remedy?

   • A court order permanently banning the defendant from the area
   • The right of the person affected by a nuisance to take reasonable steps, without court proceedings, to remove or terminate the nuisance themselves (correct answer)
   • A criminal prosecution against the person causing the nuisance
   • A statutory fine imposed by a municipal authority only

   Explanation. Abatement allows the affected person to personally take reasonable steps to remove or terminate a nuisance (e.g. cutting overhanging branches), without needing to first obtain a court order, subject to limits on force and notice.

8. What is the common limiting principle running through all extra-judicial (self-help) remedies?

   • They can be exercised with unlimited force at any time
   • They must be exercised with reasonable, proportionate means, generally without breach of the peace and often within a reasonable time (correct answer)
   • They require prior approval from the police in every instance
   • They are available only to government authorities

   Explanation. Every extra-judicial remedy is bounded by requirements of reasonableness, proportionality, and generally avoiding a breach of the peace or unreasonable delay — exceeding these limits can itself give rise to liability.

9. A landowner discovers a neighbour's tree branches overhanging into their property, causing damage. Without approaching any court, they trim the overhanging branches back to the boundary line. This is an example of

   • Distress damage feasant
   • Abatement of nuisance (correct answer)
   • Re-caption of goods
   • Judicial injunction

   Explanation. Trimming overhanging branches oneself, without court intervention, is a classic example of abatement of nuisance — a self-help extra-judicial remedy.

10. Why might a plaintiff choose an extra-judicial remedy over a judicial one, despite the risks of exceeding its limits?

    • Extra-judicial remedies are always legally risk-free
    • Extra-judicial remedies offer a quicker, immediate resolution without the delay and expense of court proceedings, though they must be exercised carefully within their legal limits (correct answer)
    • Judicial remedies are never available for property-related torts
    • Extra-judicial remedies require no legal knowledge whatsoever

    Explanation. Self-help remedies offer speed and immediacy, avoiding the cost and delay of litigation, but the person exercising them bears the risk of liability if they exceed the reasonable, proportionate limits the law imposes.