CIV3701 Civil Procedure
ASSIGMENT MEMO
QUESTION 1
X and Y are involved in a car accident. X alleges that the accident was solely caused by the negligence of Y. X has suffered bodily injuries in the amount of R50 000 and damages to the car in the amount of R100 000. With the above facts, cho...
X and Y are involved in a car accident. X alleges that the accident was solely caused by the negligence
of Y. X has suffered bodily injuries in the amount of R50 000 and damages to the car in the amount of
R100 000. With the above facts, choose the most appropriate statement:
(1) X can institute a civil claim against Y for damages suffered.
(2) When instituting the claim for damages, X is regarded as the plaintiff and Y is regarded as the
accused.
(3) Y is found liable for damages and is ordered to pay a fine.
(4) In Civil Proceedings, the liability of a defendant or respondent needs to be proved only on the
balance of probabilities.
QUESTION 2
Choose the most appropriate statement
(1) The three primary processes of alternative dispute resolution are arbitration, mediation and
litigation.
(2) Because mediation is a primary process, it is also regarded as a command process.
(3) Arbitration is an alternative dispute resolution process that has much in common with litigation.
(4) A mini-trial is a derivative of the processes of litigation and mediation.
QUESTION 3
Indicate the most accurate statement regarding the small claims courts:
(1) Legal representation is now allowed in the small claims courts.
(2) A small claim court is not regarded as a court of record.
(3) In the small claims court, the summons are the first documents to be changed between the parties.
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(4) The small claim court does not have jurisdiction to deal with the dissolution of marriages or
customary marriages.
QUESTION 4
Indicate the most accurate statement:
(1) The constitutional court may not confirm a decision regarding the constitutionality of any legislation
of the High Court before such legislation can acquire force.
(2) The decisions on whether parliament or President has failed to comply with a constitutional duty
may be adjudicated by the Constitutional Court.
(3) The Supreme Court of Appeal is the highest court of appeal and also the highest court in respect of
all causes of action.
(4) In exceptional circumstances, the Supreme Court of Appeal may be approached directly.
QUESTION 5
Indicate the most accurate statement:
(1) The Rules Board has the power to amend or repeal rules for both the High Courts and lower courts.
(2) The rules of the court are a means in themselves rather than an end to the means.
(3) Since the rules exist for the courts, a court may not condone a litigant’s noncompliance with its rules.
(4) Magistrates’ courts rules are referred to as Uniform Rules of the court.
QUESTION 6
Indicate the most accurate statement:
(1) An interlocutory application is brought by way of a notice of motion.
(2) If a party wishes to oppose an application, he or she must deliver a notice of intention to defend
within dies induciae.
(3) Ordinary application proceedings always commence with a notice of motion.
(4) Ex parte application is always brought after a divorce when one of the parents applies for an
amendment of access rights in respect of minor children.
QUESTION 7
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