TLI4801 – Techniques in Trial and Litigation | 300 Q&A
TLI4801 - TECHNIQUES IN TRIAL AND LITIGATION EXAM READY -
VERIFIED QUESTIONS AND ANSWERS - COMPREHENSIVE LATEST
VERSION
1. What is litigation?
Litigation is the process of taking legal action through the court system to
resolve a dispute between parties. It encompasses all activities from filing a
claim through trial and, if necessary, appeal.
2. What is the difference between civil and criminal litigation?
Civil litigation involves disputes between private parties seeking remedies
such as damages or injunctions. Criminal litigation is brought by the state
against individuals for offences against society, with punishments including
imprisonment or fines.
3. What is a trial?
A trial is a formal judicial proceeding in which evidence is presented before a
judge or jury to determine the facts of a case and apply the relevant law to
reach a verdict or judgment.
4. What are the main parties in civil litigation?
The main parties are the plaintiff (or applicant), who initiates the claim, and the
defendant (or respondent), who is the party against whom the claim is
brought.
5. What is the burden of proof in civil matters?
In civil matters, the burden of proof rests on the plaintiff, who must prove their
case on a balance of probabilities, meaning it is more likely than not that their
version of events is correct.
6. What is the standard of proof in criminal cases?
In criminal cases, the prosecution must prove its case beyond a reasonable
doubt, which is a much higher standard than the civil balance of probabilities.
7. What is the role of an attorney in litigation?
Page 1
, TLI4801 – Techniques in Trial and Litigation | 300 Q&A
An attorney advises clients on legal rights and obligations, drafts pleadings
and court documents, gathers evidence, argues legal points, represents
clients in court, negotiates settlements, and ensures procedural compliance.
8. What is locus standi?
Locus standi refers to the legal right or capacity of a party to bring an action
before a court. A party must have a sufficient interest in the matter to be
entitled to sue.
9. What is jurisdiction?
Jurisdiction is the authority of a court to hear and decide a particular case. It
may be determined by geography, subject matter, the amount in dispute, or
the nature of the parties involved.
10. What is the adversarial system?
The adversarial system is the legal framework used in South Africa and other
common law jurisdictions, in which two opposing parties present their cases to
a neutral judge or jury who decides the outcome.
SECTION 2: PLEADINGS AND ORIGINATING PROCESS
11. What is a pleading?
A pleading is a formal written document filed in court that sets out the
allegations of fact upon which a party's claim or defence is based. Pleadings
define the issues in dispute between the parties.
12. What is a summons?
A summons is an originating process used to commence civil litigation. It calls
upon the defendant to appear before the court and respond to the plaintiff's
claim.
13. What is a combined summons?
A combined summons combines the summons and the declaration in one
document. It is used when the claim is liquidated or easily ascertainable and
contains both the citation of parties and the particulars of claim.
14. What is a simple summons?
A simple summons is used for liquidated claims and merely notifies the
defendant of the claim amount. Particulars of claim are furnished later upon
request or when the defendant enters an appearance to defend.
15. What is an appearance to defend?
Page 2
, TLI4801 – Techniques in Trial and Litigation | 300 Q&A
An appearance to defend is a notice filed by a defendant indicating their
intention to contest the plaintiff's claim. It must be filed within the prescribed
time after service of the summons.
16. What is a declaration?
A declaration is a pleading that sets out the material facts on which the plaintiff
relies. It expands on the claims in the summons and must contain sufficient
factual allegations to sustain the cause of action.
17. What is a plea?
A plea is the defendant's formal response to the plaintiff's declaration. It
admits or denies each allegation and sets out the grounds on which the
defendant resists the claim.
18. What is a special plea?
A special plea is raised to defeat the plaintiff's action on a technical or
preliminary ground, such as prescription, lack of jurisdiction, or non-joinder,
without addressing the merits of the claim.
19. What is a replication?
A replication is the plaintiff's reply to the defendant's plea. It responds to any
new matter raised in the plea that was not addressed in the declaration.
20. What is a counterclaim?
A counterclaim is a claim brought by the defendant against the plaintiff arising
from the same or related facts. It effectively makes the defendant a plaintiff in
a separate but related action.
21. What is an exception?
An exception is an objection to a pleading on the ground that it is vague and
embarrassing, or that it lacks averments necessary to sustain an action or
defence.
22. What does 'vague and embarrassing' mean in pleadings?
A pleading is vague and embarrassing when it is so unclear or ambiguous that
the opposing party cannot reasonably be expected to plead to it or prepare
their case. The court may strike out or order amendment of such pleadings.
23. What is an amendment to pleadings?
An amendment to pleadings is a correction or addition to a party's pleading. It
may be made by consent or by leave of court, and allows parties to correct
mistakes or include new facts that come to light during litigation.
Page 3
, TLI4801 – Techniques in Trial and Litigation | 300 Q&A
24. What is a request for further particulars?
A request for further particulars is a formal demand for more specific
information about the allegations in a pleading to enable the requesting party
to prepare their case adequately.
25. What is the purpose of pleadings generally?
The purpose of pleadings is to identify and define the issues in dispute, to give
each party fair notice of the case they must meet, and to prevent surprise at
trial.
SECTION 3: INTERLOCUTORY APPLICATIONS AND PROCEDURES
26. What is an interlocutory application?
An interlocutory application is a procedural application made during the course
of litigation to regulate or resolve procedural matters before or during trial,
without finally disposing of the main action.
27. What is a notice of motion?
A notice of motion is the document by which an applicant launches an
application in court. It sets out the relief sought and the date, time, and place
of the hearing.
28. What is a founding affidavit?
A founding affidavit is a sworn written statement filed with a notice of motion
that sets out the facts upon which the applicant relies. It must contain all the
material evidence supporting the application.
29. What is an answering affidavit?
An answering affidavit is the respondent's response to the founding affidavit. It
admits or denies the allegations and may raise new factual matter in
opposition to the application.
30. What is a replying affidavit?
A replying affidavit is the applicant's reply to the answering affidavit. It is
limited to responding to new matters raised in the answering affidavit and may
not introduce entirely new issues.
31. What is an urgent application?
An urgent application is one brought on a shortened timeline where the normal
procedural rules are relaxed. The applicant must demonstrate genuine
urgency and that they could not obtain substantial redress at a hearing in due
course.
Page 4
TLI4801 - TECHNIQUES IN TRIAL AND LITIGATION EXAM READY -
VERIFIED QUESTIONS AND ANSWERS - COMPREHENSIVE LATEST
VERSION
1. What is litigation?
Litigation is the process of taking legal action through the court system to
resolve a dispute between parties. It encompasses all activities from filing a
claim through trial and, if necessary, appeal.
2. What is the difference between civil and criminal litigation?
Civil litigation involves disputes between private parties seeking remedies
such as damages or injunctions. Criminal litigation is brought by the state
against individuals for offences against society, with punishments including
imprisonment or fines.
3. What is a trial?
A trial is a formal judicial proceeding in which evidence is presented before a
judge or jury to determine the facts of a case and apply the relevant law to
reach a verdict or judgment.
4. What are the main parties in civil litigation?
The main parties are the plaintiff (or applicant), who initiates the claim, and the
defendant (or respondent), who is the party against whom the claim is
brought.
5. What is the burden of proof in civil matters?
In civil matters, the burden of proof rests on the plaintiff, who must prove their
case on a balance of probabilities, meaning it is more likely than not that their
version of events is correct.
6. What is the standard of proof in criminal cases?
In criminal cases, the prosecution must prove its case beyond a reasonable
doubt, which is a much higher standard than the civil balance of probabilities.
7. What is the role of an attorney in litigation?
Page 1
, TLI4801 – Techniques in Trial and Litigation | 300 Q&A
An attorney advises clients on legal rights and obligations, drafts pleadings
and court documents, gathers evidence, argues legal points, represents
clients in court, negotiates settlements, and ensures procedural compliance.
8. What is locus standi?
Locus standi refers to the legal right or capacity of a party to bring an action
before a court. A party must have a sufficient interest in the matter to be
entitled to sue.
9. What is jurisdiction?
Jurisdiction is the authority of a court to hear and decide a particular case. It
may be determined by geography, subject matter, the amount in dispute, or
the nature of the parties involved.
10. What is the adversarial system?
The adversarial system is the legal framework used in South Africa and other
common law jurisdictions, in which two opposing parties present their cases to
a neutral judge or jury who decides the outcome.
SECTION 2: PLEADINGS AND ORIGINATING PROCESS
11. What is a pleading?
A pleading is a formal written document filed in court that sets out the
allegations of fact upon which a party's claim or defence is based. Pleadings
define the issues in dispute between the parties.
12. What is a summons?
A summons is an originating process used to commence civil litigation. It calls
upon the defendant to appear before the court and respond to the plaintiff's
claim.
13. What is a combined summons?
A combined summons combines the summons and the declaration in one
document. It is used when the claim is liquidated or easily ascertainable and
contains both the citation of parties and the particulars of claim.
14. What is a simple summons?
A simple summons is used for liquidated claims and merely notifies the
defendant of the claim amount. Particulars of claim are furnished later upon
request or when the defendant enters an appearance to defend.
15. What is an appearance to defend?
Page 2
, TLI4801 – Techniques in Trial and Litigation | 300 Q&A
An appearance to defend is a notice filed by a defendant indicating their
intention to contest the plaintiff's claim. It must be filed within the prescribed
time after service of the summons.
16. What is a declaration?
A declaration is a pleading that sets out the material facts on which the plaintiff
relies. It expands on the claims in the summons and must contain sufficient
factual allegations to sustain the cause of action.
17. What is a plea?
A plea is the defendant's formal response to the plaintiff's declaration. It
admits or denies each allegation and sets out the grounds on which the
defendant resists the claim.
18. What is a special plea?
A special plea is raised to defeat the plaintiff's action on a technical or
preliminary ground, such as prescription, lack of jurisdiction, or non-joinder,
without addressing the merits of the claim.
19. What is a replication?
A replication is the plaintiff's reply to the defendant's plea. It responds to any
new matter raised in the plea that was not addressed in the declaration.
20. What is a counterclaim?
A counterclaim is a claim brought by the defendant against the plaintiff arising
from the same or related facts. It effectively makes the defendant a plaintiff in
a separate but related action.
21. What is an exception?
An exception is an objection to a pleading on the ground that it is vague and
embarrassing, or that it lacks averments necessary to sustain an action or
defence.
22. What does 'vague and embarrassing' mean in pleadings?
A pleading is vague and embarrassing when it is so unclear or ambiguous that
the opposing party cannot reasonably be expected to plead to it or prepare
their case. The court may strike out or order amendment of such pleadings.
23. What is an amendment to pleadings?
An amendment to pleadings is a correction or addition to a party's pleading. It
may be made by consent or by leave of court, and allows parties to correct
mistakes or include new facts that come to light during litigation.
Page 3
, TLI4801 – Techniques in Trial and Litigation | 300 Q&A
24. What is a request for further particulars?
A request for further particulars is a formal demand for more specific
information about the allegations in a pleading to enable the requesting party
to prepare their case adequately.
25. What is the purpose of pleadings generally?
The purpose of pleadings is to identify and define the issues in dispute, to give
each party fair notice of the case they must meet, and to prevent surprise at
trial.
SECTION 3: INTERLOCUTORY APPLICATIONS AND PROCEDURES
26. What is an interlocutory application?
An interlocutory application is a procedural application made during the course
of litigation to regulate or resolve procedural matters before or during trial,
without finally disposing of the main action.
27. What is a notice of motion?
A notice of motion is the document by which an applicant launches an
application in court. It sets out the relief sought and the date, time, and place
of the hearing.
28. What is a founding affidavit?
A founding affidavit is a sworn written statement filed with a notice of motion
that sets out the facts upon which the applicant relies. It must contain all the
material evidence supporting the application.
29. What is an answering affidavit?
An answering affidavit is the respondent's response to the founding affidavit. It
admits or denies the allegations and may raise new factual matter in
opposition to the application.
30. What is a replying affidavit?
A replying affidavit is the applicant's reply to the answering affidavit. It is
limited to responding to new matters raised in the answering affidavit and may
not introduce entirely new issues.
31. What is an urgent application?
An urgent application is one brought on a shortened timeline where the normal
procedural rules are relaxed. The applicant must demonstrate genuine
urgency and that they could not obtain substantial redress at a hearing in due
course.
Page 4
