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CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 26 September 2024
CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 26 September 2024
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By: keneilwejoy • 3 weeks ago
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,CIV3701 Assignment 2 (COMPLETE ANSWERS)Semester 2 2024 - DUE 26 September 2024 ; 100%
TRUSTED Complete, trusted solutions and
explanations.
Question 1 Answer saved Marked out of 1.00 Flag question
Question text Indicate the most accurate statement: a. When a
claim for damages is instituted, the plaintiff must prove the guilt
of the defendant. b. The Uniform Rules of Court are a common
set of rules that uniformly regulate the conduct of the
proceedings in the magistrates courts. c. Since the rules exist for
the courts, a High Court may condone a litigant's non-
compliance with the rules. d. The Minister of Justice and the
Rules Board may make rules relating to the manner in which the
Constitutional Court may be engaged. Clear my choice
The most accurate statement is:
c. Since the rules exist for the courts, a High Court may
condone a litigant's non-compliance with the rules.
Explanation:
a. This is incorrect because, in a claim for damages, the
plaintiff must prove the defendant's liability (not guilt,
which is a criminal standard).
b. This is incorrect because the Uniform Rules of Court
regulate procedures in the High Courts, not magistrates
courts.
, d. This is incorrect because the Constitutional Court's rules
are established by the Constitutional Court itself, not by
the Minister of Justice or the Rules Board.
Question 2 Not yet answered Marked out of 1.00 Flag question
Question text Indicate the most accurate statement. During the
trial it becomes clear that X concealed certain documents which
were prejudicial to his case and lied about their existence. At
the end of the trial Y s advocate argues that in these
circumstances it would be appropriate for the court to make the
following costs order: a. de bonis propriis against X. b. party-
and-party costs against X. c. attorney-and-client costs against X.
d. that costs should be costs in the cause.
The most accurate statement in this scenario would be:
c. attorney-and-client costs against X.
Explanation: When a party conceals documents and lies about
their existence, it demonstrates misconduct that goes beyond
the norm of litigation. In such cases, a court may impose
attorney-and-client costs, which is a more punitive cost order
than party-and-party costs. Attorney-and-client costs are
intended to compensate the winning party more fully by
covering legal costs incurred as a result of the other party's
misconduct.
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