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Civil Procedure (CIV3701) - MCQ and answers
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Civil Procedure (CIV3701) - MCQ and answers
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CIV3701 – CIVIL PROCEDUREQUESTION 1
Indicate the most accurate statement:
1. The South African High Courts are creatures of statute because they are subject
tothe 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
mannerin 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. Disputed 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
powersby 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
thecourt 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 actionoccurred 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.
,QUESTION 5
Indicate the most accurate statement:
1. A magistrates’ court may only exercise jurisdiction over the person of a
defendant if the defendant is domiciled in its area of jurisdiction.
2. The magistrates’ court for the district of Pretoria is competent to exercise
jurisdiction if the conclusion of the contract occurred in Pretoria and the
contract was breached in the magisterial district of Johannesburg.
3. A magistrates’ court would be competent to exercise jurisdiction if the cause
of action did not occur wholly within its district, but there is compliance with
the provisions of sections 29 and 46, and the defendant raises no objection.
4. Section 31 of the magistrates’ Courts Act 32 of 1944 provides that an interdict
prohibiting the removal of furniture or other effects from the leased premises
only becomes effective after application is made to court in this regard.
QUESTION 6
D, who lives in Gauteng, wishes to divorce her husband, F. F lives in a caravan and
drifts around the KwaZulu-Natal south coast where he works as a handyman, doing
repairs to holiday homes. D does not know his exact whereabouts. The summons
must be served on F by way of -
Indicate the most accurate statement:
1. Substituted service
2. Normal service
3. Edictal citation
4. A combination of substituted service and edictal citation.
QUESTION 7
Indicate the most accurate statement:
1. The basic rule for the drafting of pleadings is that the material facts upon
which the claim or defence is based must be fully pleaded. Evidence is thus
also pleaded.
2. A notice of intention to defend is the first pleading delivered by a defendant
who wishes to defend an action.
3. Whether an action is instituted by way of a combined or a simple summons,
the prescribed dies induciae for the delivery of a plea (with or without a
counterclaim) is the same.
4. In the High Court, pleadings are deemed to be closed as soon as the plaintiff
has delivered a replication.
QUESTION 8
, “A court has a wide discretion when awarding costs after passing judgment.” This
statement implies the following:
Indicate the most accurate statement:
1. A party who loses a case will be ordered to pay the winner’s costs.
2. A party who wilfully destroys documents beneficial to his opponen t’s case, may
be ordered to pay costs de bonis propriis.
3. A party who continues to defend a matter during trial despite knowing that he or
she is liable for payment of the full amount claimed, may be ordered to pay
attorney- and-client costs.
4. A party may be awarded party-and-party costs if the court is of the opinion that it
is unreasonable to deprive such a party of costs reasonably incurred before issue
of summons.
QUESTION 9
In the High Courts the position is as follows –
1. Pleadings are deemed closed only after the plaintiff has filed his or her
replication.
2. In reply to a defendant’s counterclaim, a defendant in reconvention may file a
replication in reconvention.
3. An exception may be raised only against a declaration or the particulars of
claim.
4. It is possible to inspect a clearly specified document or tape recording in a
party’s possession and relating to a reasonably anticipated issue in the action
before the close of pleadings.
QUESTION 10
Indicate the most accurate statement:
1. The heads of argument, as the name suggests, simply consists of the
advocate’s main points of argument to the court.
2. Both appeals and review proceedings are instituted by way of notice of
motion.
3. A party who is dissatisfied with the result of a trial may take the matter on
review.
4. Only proceedings of lower courts and quasi-judicial bodies are subject to
review.
QUESTION 11
Indicate the most accurate statement:
1. The Supreme Court of Appeal is competent to hear only non-constitutional
matters.
2. Only the Constitutional Court may adjudicate on any alleged violation of a
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