Exam (elaborations)
TLI4801 Assignment 1 Semester 2 2023 (827464) - DUE 10 August 2023
- Institution
- University Of South Africa (Unisa)
Exam of 8 pages for the course TLI4801 - Techniques In Trial And Litigation at Unisa (COMPLETE ANSWERS)
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TLI4801 Assignment 1Semester 2 2023
(827464) - DUE 10 August
2023
lenovo
[COMPANY NAME] [Company address]
, TLI4801 Assignment 1 Semester 2 2023
1. Mr. Joe White, who is a male high school teacher, is married to Cecile
White, a nurse, for nine years. The couple reside in Robindale, Johannesburg.
They have two minor children, Kevin and Nancy. The Whites’ decide to
divorce after nine years, citing irreconcilable differences. Mrs. White
approaches you for assistance regarding the divorce proceedings. Answer the
following questions. Note: In your answers, you may make up facts to
supplement the given facts provided that your own rendition does not detract
from the core issues.
(a) Discuss the type of summons that will be used to institute Mrs White’s
divorce action. (4)
Type of Summons:
In South Africa, to institute a divorce action, Mrs. White will typically use a
summons for divorce. This summons will be issued by the court and served on Mr.
Joe White, the defendant, officially notifying him of the divorce proceedings and
the grounds for divorce (irreconcilable differences in this case). The summons sets
out the relief being sought and initiates the legal process for the divorce.
(b) Name and discuss the pleading that will be annexed to the summons. (4)
Pleading Annexed to the Summons:
Along with the summons, Mrs. White will annex a declaration or particulars of
claim. This pleading will outline the specific details of the divorce action, such as
the parties involved, their marriage details, the grounds for divorce (irreconcilable
differences), and any relevant facts or events leading up to the decision to divorce.
The particulars of claim provide a detailed account of the issues at hand and serve
as the basis for the court's consideration during the divorce proceedings.
(c) Draft the prayer only. (4)
Draft of the Prayer:
The prayer is the part of the pleading where Mrs. White will state the specific relief
she seeks from the court. In this case, the prayer may include the following
elements
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