CIV3701 Multiple
Choice.
QUESTION 1
Indicate the most accurate statement:
(1) The South African High Courts are creatures of statute because they are subject to the
provisions of the Superior Courts Act, 2013.
(2) The Uniform Rules of Court are a common set of rules that uniformly regulate th...
,QUESTION 1
Indicate the most accurate statement:
(1) The South African High Courts are creatures of statute because they are subject to the
provisions of the Superior Courts Act, 2013.
(2) The Uniform Rules of Court are a common set of rules that uniformly regulate the
conduct of proceedings in the magistrates’ courts.
(3) Since the rules exist for the courts, a court may condone a litigant’s non-compliance with
its rules.
(4) The Minister of Justice and the Rules Board may make rules relating to the manner in
which the Constitutional Court may be engaged.
, QUESTION 2
Indicate the most accurate statement:
(1) Unlike the Supreme Court of Appeal, the Constitutional Court may never be approached
directly.
(2) Disputes concerning the constitutional status, powers or functions between organs of
state in the national or provincial spheres may only be adjudicated by the Constitutional
Court.
(3) The Supreme Court of Appeal is competent to hear only non-constitutional matters.
(4) A magistrate’s court is not competent to adjudicate upon the validity of any legislation,
but may pronounce upon the validity of the exercise of executive powers by the President.
QUESTION 3
Indicate the most accurate statement:
A High Court may exercise jurisdiction to obtain an order for:
(1) Attachment ad confirmandam iurisdictionem if the defendant is a peregrinus of the court
concerned, the plaintiff is an incola of the court concerned, and attachment has taken place.
(2) Attachment ad confirmandam iurisdictionem if both the plaintiff and the defendant are
incolae of the court concerned and attachment has taken place.
(3) Attachment ad fundandam iurisdictionem if the plaintiff is a peregrinus of the court
concerned, the defendant is a peregrinus of the whole Republic, the cause of action
occurred within the area of jurisdiction of the court concerned, and attachment has taken
place within the jurisdictional area of the court.
(4) Attachment ad fundandam iurisdictionem if the plaintiff is an incola of the court
concerned, the defendant is a peregrinus of the Republic, the cause of action took place
outside the jurisdictional area of the court concerned, and attachment has taken place.
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