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TLI4801 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 22 October 2024; 100% TRUSTED Complete, trusted solutions and explanations Ensure your success with us... $2.50
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TLI4801 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 22 October 2024; 100% TRUSTED Complete, trusted solutions and explanations Ensure your success with us...
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Course
TLI4801
Institution
University Of South Africa
TLI4801 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 22 October 2024; 100% TRUSTED Complete, trusted solutions and explanations Ensure your success with us...
TLI4801 OCTOBER
NOVEMBER
PORTFOLIO
(COMPLETE
ANSWERS) Semester
2 2024 - DUE 22
October 2024
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, Exam (elaborations)
TLI4801 OCTOBER NOVEMBER PORTFOLIO
(COMPLETE ANSWERS) Semester 2 2024 - DUE 22
October 2024
Course
Techniques in Trial and Litigation (TLI4801)
Institution
University Of South Africa (Unisa)
TLI4801 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS)
Semester 2 2024 - DUE 22 October 2024; 100% TRUSTED Complete, trusted
solutions and explanations Ensure your success with us...
QUESTION 1: CIVIL PRACTICE [50] Question 1.1 Ms. Bright
Lesedi is a businesswoman from Bela-Bela. She runs a business
that manufactures furniture. On 20 April 2024 she purchased raw
material from Olive Woods Furniture (“Olive Woods”), a furniture
material factory in Pretoria, for an amount of R180 000,00. The
material was delivered by Olive Woods and a copy of the invoice
was handed to Ms. Lesedi, who then neglected to pay for the
material within the 30-day period provided for in terms of the
invoice. Despite repeated requests by Olive Woods, Ms. Lesedi
did not settle the amount. Olive Woods wants to sue Ms. Lesedi
for the outstanding amount. The owner of Olive Woods
approaches you for legal advice regarding the proceedings to be
instituted against Ms. Lesedi. (1) THE PAPER CONSISTS OF
TWO QUESTIONS, NAMELY QUESTION 1 ON CIVIL
PRACTICE, and QUESTION 2 ON CRIMINAL PRACTICE. BOTH
QUESTIONS ARE COMPULSORY. (2) THE ANSWERS IN THIS
QUESTION PAPER ARE TO BE OBTAINED FROM YOUR
PRESCRIBED STUDY MATERIAL, namely, the prescribed
textbook, CG Marnewick Litigation Skills for South African
Lawyers, 4th edition, (2019 LexisNexis), additional resources
, material and tutorial letter 201. You may consult other sources
provided that they are properly referenced. (3) YOU ARE
REQUIRED TO EXHIBIT YOUR OWN INITIATIVE WHEN
ANSWERING QUESTIONS, IN ORDER TO SHOW THAT YOU
UNDERSTAND THE CONTENT. IN OTHER WORDS, YOU
MUST, AS FAR AS POSSIBLE, USE YOUR OWN WORDS
WHEN WRITING YOUR ANSWERS. THE WORD-FOR-WORD
REGURGITATION OF ANSWERS FROM THE STUDY
MATERIAL WILL NOT BE REWARDED WITH FULL MARKS. (4)
THE ANSWERS MUST BE WRITTEN OR TYPED. YOUR
COMPLETED ANSWERS MUST THEN BE CONVERTED INTO
PDF FORMAT AND SUBMITTED ONLINE IN THE SAME
MANNER THAT YOU SUBMIT ALL OTHER ASSIGNMENTS
ONLINE. TLI4801/202/2/2024 6 Answer the following questions,
using proper references. Note: In your answers, you are required
to make up facts/create facts to supplement the given facts of the
case as long as your own rendition does not detract from the core
issues. a) Discuss the type of summons that Olive Woods will use
to recover the outstanding amount (4) (b) Draft the summons
chosen in (a) above. (10) (c) The owner of Olive Woods requests
your advice regarding a suitable ADR (alternative dispute
resolution) mechanism to resolve the dispute with Ms. Lesedi
expeditiously. Advise the owner of Olive Woods appropriately.
(10) (24) Question 1.2 (a) Discuss what you understand by the
term “heads of argument”. (3) (b) Critically discuss how an
attorney or advocate may deal with the issue of submitting heads
of argument late in court. (5) (c) Mr. Brickor Newmark, a defence
attorney, commences his first trial in court A at the Randburg
Magistrates’ Court. During the trial, he continuously uses
statements like “Please bear with me, your worship” and “please
overlook my mistakes, I am new at this!” when addressing the
presiding officer. Critically discuss the impact of the above
statements on the defendant’s attorney’s performance and
confidence in court. (5) (d) It has become common practice for
attorneys to use emails and text messages to advise their clients.
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