2022 OCTOBER EXAM SOLUTIONS - Civil Procedure (CIV3701)
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Course
CIV3701 - Civil Procedure (CIV3701)
Institution
University Of South Africa (Unisa)
INTRODUCTORY STUDIES
QUESTION 1
(a) Briefly explain the main characteristics of the adversarial system of civil procedure. (4)
(b) Name any three (3) characteristics of court annexed mediation. (3)
(c) Briefly explain the concurrent jurisdiction the High Court has with the Constitutional Court....
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, INTRODUCTORY STUDIES
QUESTION 1
(a) Briefly explain the main characteristics of the adversarial system of civil
procedure. (4)
Characterised by the following:
• Both litigants
• Independently initiate and prosecute their respective claims or defences, and
• Investigate and gather information that supports their respective claims or
defences and presents this as evidence before a court.
• This brief description expresses three fundamental principles that underlie our
system of civil procedure.
• These principles are those of Bilaterality
• Party prosecution
• Party presentation
(b) Name any three (3) characteristics of court annexed mediation. (3)
It is a process by which a mediator assists the parties in a legal dispute by:
facilitating discussions between the parties.
assisting them in identifying issues.
exploring areas of compromise.
generating options in an attempt to resolve the dispute.
(c) Briefly explain the concurrent jurisdiction the High Court has with the
Constitutional Court.
The constitutional court exercises concurrent jurisdiction with the high courts in
respect of all other constitutional matters. It is the court of final instance, and no
further appeal is possible. It is possible, in exceptional circumstances, to approach
the constitutional court direct or to appeal to this court direct despite the fact that
the matter concerned falls within the concurrent jurisdiction of the constitutional
court, and so should first be heard by a high court or the supreme court of appeal.
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