TLI4801 OCTOBER
NOVEMBER
PORTFOLIO
(COMPLETE
ANSWERS) Semester
2 2024 - DUE 22
October 2024
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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
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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.
, Discuss the proper use of such emails and text messages by
attorneys in practice. (3) (e) Critically discuss the role and liability
of the Legal Practitioner’s Fidelity Fund in addressing pecuniary
loss suffered by clients because of the actions of their legal
practitioners. You must refer to relevant legislation in your
answer. (10) (26) [50] QUESTION 2: CRIMINAL PRACTICE [50]
1. Your client, Skelm Kapi, who is arrested on a charge of theft,
advises you that he is not guilty. The evidence against your client
is that he was the only parking attendant at a designated parking
at the Glen shopping Centre in Faerie Glen, Pretoria. On that
particular day, Mr. Deen Honest’s car was broken into and his
laptop and personal items, including his wallet and cell phone,
were stolen from his vehicle. The incident occurred on 15 August
2024, within the jurisdiction of the Regional Division of North
Gauteng. TLI4801/202/2/2024 7 Your client denies that he
committed the theft or that he acted unlawfully and intentionally.
Therefore, he instructs you, his attorney, to tender a plea of not
guilty on his behalf. a) Draft your client’s plea of not guilty in terms
of the Criminal Procedure Act 51 of 1977 (10) b) Discuss the
implications of not preparing or drafting a not guilty plea/statement
in terms of the Criminal Procedure Act 51 of 1977. (4) Note: In
your answer, you are required to make up facts to supplement the
given facts of the case as long as your own rendition does not
detract from the core issues. (14) 2. An attorney, Mr. Integrity,
arrives late at court. He rushes into the courtroom. He is wearing
an orange shirt and tie with Disney characters, black pants and
sandals. His general appearance is disheveled. The presiding
officer, prosecutor, witnesses and court officials were kept waiting
for 40 minutes for Mr. Integrity to arrive so that the trial could
commence. Mr. Integrity informs the presiding officer that he was
unexpectedly delayed at home by pressing personal
commitments. He makes a ribald joke about “demanding spouses
and offspring”. Discuss whether Mr. Integrity’s conduct conforms
to acceptable court etiquette. (10) 3. Critically discuss the use of
alternative dispute resolution strategies by prosecutors in criminal
