CLA1501 COMMERCIAL LAW IA EXAM LATEST
2026 WITH ACTUAL QUESTIONS AND
CORRECT VERIFIED ANSWERS GRADED A+
◉APPEAL . Answer: Taking a decision of a lower court to a higher
court. The person bringing
the appeal hopes to persuade the higher court to change the decision of
the
lower court. The person who takes the matter to a higher court is called
the
appellant, regardless of whether this party was the applicant or the
respondent
in the fi rst case, or whether this person was the plaintiff or the defendant
in
the first case (see "Defendant" and "Plaintiff" below).
◉ATTORNEY . Answer: An LLB graduate who has passed the board
examination of the law society,
has completed articles of clerkship and has been admitted and enrolled
as
such by the High Court. Attorneys may appear in the lower and the
superior
,courts. Attorneys have traditionally dealt directly with members of the
public
who need legal advice or representation, but they may refer their clients
to
advocates. Apart from litigation, attorneys also give assistance in all
kinds of
legal matters such as the drawing up of contracts and wills.
◉CEDE . Answer: To transfer, assign or hand over one's right to claim
something to another
person.
◉CLERK OF THE COURT . Answer: The offi cial who receives and
issues legal documents and pleadings
in civil actions in the magistrate's court (see "Registrar" below).
◉CODIFIED . Answer: Recorded in one comprehensive piece of
legislation. The Corpus Iuris Civilis
is a codifi cation of the Roman law, which was compiled during the
reign of
Emperor Justinian in the sixth century. South African law is not codified.
◉COMMON LAW . Answer: This term is used in both a wide and a
narrow sense. In the wide
,sense it is used to indicate law that is not contained in legislation and in
the
narrow sense it is used specifi cally to refer to the works of the old
authorities.
◉CONSTUTIONAL COURT . Answer: The highest court in South
Africa for constitutional matters. Consist of Chief Justice of South
Africa; The Deputy Chief Justice; and nine judges.
◉DEFENDENT . Answer: The person who is sued by the plaintiff in a
civil action. In certain types
of cases, the defendant is called the respondent.
◉THE GOVERNMENT GAZETTE . Answer: The state's offi cial
newspaper in which all Acts, proclamations
and other information that needs to be brought to the public's notice are
published. The Government Gazette is published by the Government
Printer.
◉JUDGE . Answer: A court offi cer who hears and decides cases in the
superior courts.
◉JUDGEMENT . Answer: The decision of a judge, a magistrate or
other judicial offi cer in a case.
, ◉JURISDICTION . Answer: A court has two kinds of jurisdiction:
jurisdiction regarding the type
of matter (e.g. a magistrate's court may not decide on the validity of a
will)
and jurisdiction in a particular geographical area
◉MAGISTRATE . Answer: The court officer who hears and decides
cases in the magistrate's court.
Regional magistrates hear matters in regional courts.
◉MINORITY JUDGMENT . Answer: The judgment of a judge or
judges who disagrees/disagree
with the judgment of the majority of judges who hear a case.
◉NON VARIATION CLAUSE . Answer: A clause that states that no
amendment to, or variation of
the contract, will be legally valid or binding unless it is reduced to
writing
and signed by all the parties.
◉OBITER DICTUM . Answer: A remark in passing that was
unnecessary for the decision of the case
and is, therefore, not binding in subsequent court cases.
2026 WITH ACTUAL QUESTIONS AND
CORRECT VERIFIED ANSWERS GRADED A+
◉APPEAL . Answer: Taking a decision of a lower court to a higher
court. The person bringing
the appeal hopes to persuade the higher court to change the decision of
the
lower court. The person who takes the matter to a higher court is called
the
appellant, regardless of whether this party was the applicant or the
respondent
in the fi rst case, or whether this person was the plaintiff or the defendant
in
the first case (see "Defendant" and "Plaintiff" below).
◉ATTORNEY . Answer: An LLB graduate who has passed the board
examination of the law society,
has completed articles of clerkship and has been admitted and enrolled
as
such by the High Court. Attorneys may appear in the lower and the
superior
,courts. Attorneys have traditionally dealt directly with members of the
public
who need legal advice or representation, but they may refer their clients
to
advocates. Apart from litigation, attorneys also give assistance in all
kinds of
legal matters such as the drawing up of contracts and wills.
◉CEDE . Answer: To transfer, assign or hand over one's right to claim
something to another
person.
◉CLERK OF THE COURT . Answer: The offi cial who receives and
issues legal documents and pleadings
in civil actions in the magistrate's court (see "Registrar" below).
◉CODIFIED . Answer: Recorded in one comprehensive piece of
legislation. The Corpus Iuris Civilis
is a codifi cation of the Roman law, which was compiled during the
reign of
Emperor Justinian in the sixth century. South African law is not codified.
◉COMMON LAW . Answer: This term is used in both a wide and a
narrow sense. In the wide
,sense it is used to indicate law that is not contained in legislation and in
the
narrow sense it is used specifi cally to refer to the works of the old
authorities.
◉CONSTUTIONAL COURT . Answer: The highest court in South
Africa for constitutional matters. Consist of Chief Justice of South
Africa; The Deputy Chief Justice; and nine judges.
◉DEFENDENT . Answer: The person who is sued by the plaintiff in a
civil action. In certain types
of cases, the defendant is called the respondent.
◉THE GOVERNMENT GAZETTE . Answer: The state's offi cial
newspaper in which all Acts, proclamations
and other information that needs to be brought to the public's notice are
published. The Government Gazette is published by the Government
Printer.
◉JUDGE . Answer: A court offi cer who hears and decides cases in the
superior courts.
◉JUDGEMENT . Answer: The decision of a judge, a magistrate or
other judicial offi cer in a case.
, ◉JURISDICTION . Answer: A court has two kinds of jurisdiction:
jurisdiction regarding the type
of matter (e.g. a magistrate's court may not decide on the validity of a
will)
and jurisdiction in a particular geographical area
◉MAGISTRATE . Answer: The court officer who hears and decides
cases in the magistrate's court.
Regional magistrates hear matters in regional courts.
◉MINORITY JUDGMENT . Answer: The judgment of a judge or
judges who disagrees/disagree
with the judgment of the majority of judges who hear a case.
◉NON VARIATION CLAUSE . Answer: A clause that states that no
amendment to, or variation of
the contract, will be legally valid or binding unless it is reduced to
writing
and signed by all the parties.
◉OBITER DICTUM . Answer: A remark in passing that was
unnecessary for the decision of the case
and is, therefore, not binding in subsequent court cases.
