Exam (elaborations)
CIV3701 Assignment 2 2024
- Institution
- University Of South Africa (Unisa)
CIV3701 Assignment 2 2024
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Civil procedure: CIV3701Assessment 2
Question 1
Indicate the most accurate statement:
a.The Supreme Court of Appeal is competent to hear only non-constitutional matters.
b.Only the Constitutional Court may adjudicate on any alleged violation of a
fundamental right entrenched under Chapter 2 of the Constitution, 1996.
c.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.
d.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 2
Indicate the most accurate statement:
a. A litigant who is dissatisfied with the outcome of a matter, always has one appeal as
of right.
b.A court hearing an appeal from a lower court, as in the case of a court of first instance,
consists of a single judge.
c.The Constitutional Court is the highest court of appeal in respect of all civil
matters.
d.An appeal from a magistrates’ court may only be noted against a decision which is
final in effect.
Question 3
,Indicate the most accurate statement:
a.Small claims courts have inferior status because the amount of the claim is so low.
b.The principle of party presentation applies in the small claims court because the
commissioner plays an active role in assisting the litigants to present their case during
the trial.
C. small claims courts a party is entitled to cross-examine his or her opponent.
d.A small claims court may entertain an action for the delivery of movable
property not exceeding R20 000.
Question 4
Indicate the most accurate statement. A High Court may exercise jurisdiction ad
fundandam iurisdictionem if:
a.Both the plaintiff and the defendant are peregrini of the court concerned, and
attachment has taken place.
b.The defendant is a peregrinus of the court concerned, but an incola of the Republic,
provided that attachment has taken place.
C.The plaintiff is an incola of the court concerned and the defendant is a peregrinus of
such court as well as of the Republic, in an instance where the cause of action did not
arise within the area of jurisdiction of the court concerned, provided attachment has
taken place.
d.Attachment has taken place in an instance where the defendant is a peregrinus of the
court concerned and of the whole Republic, irrespective of whether the plaintiff is an
incola to or peregrinus of the court concerned, provided that the cause of action has
arisen within the court’s area of jurisdiction.
Question 5
, Indicate the most accurate statement:
a.A defendant may consent to judgment for a smaller amount than claimed in
the summons, but he or she may then defend the action in respect of the
balance of the claim.
b.The discovery of documents in the magistrates’ courts is important because it allows a
litigant to set down his or her case for trial.
c.A party may request further particulars for purposes of pleading in the magistrates’
courts in terms of rule 16 of the Magistrates’ Courts Rules.
D.In terms of rule 21A of the Magistrates’ Courts Rules, the court only may declare
pleadings closed, and parties may not agree that pleadings have closed.
Question 6
Indicate the most accurate statement:
a.An offer to settle in terms of Uniform Rule 34 can be used in both
summons and application proceedings.
b.A judgment can only be delivered at the end of a trial, because the court is only
competent to deliver a judgment after hearing and properly considering the evidence.
c.If a party intends instituting an action and a document which is vital in support of the
claim is in the possession of a party who is to become the defendant in such an action,
the prospective plaintiff may request the prospective defendant to make discovery
thereof in terms of Uniform Rule 35.
d.Only viva voce evidence may be given by a witness in open court.
Question 7
Indicate the most accurate statement:
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