CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 9 April 2026

CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 9 April 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... Ensure your success with us...... Indicate the most accurate statement: a. Traditional dispute resolution processes are grouped together under the ADR system of dispute resolution because of their shared characteristics. b. When we refer to the reform of civil procedural law, we are in fact referring to the need to effect certain proposed cosmetic changes. c. Mediation is an Alternative Dispute Resolution ADR process, and the mediator, like a judicial officer, adjudicates disputes, but in an informal setting. d. Court annexed mediation has increased access to justice by allowing a magistrate or a judge to suspend a matter brought before him or her if the matter is deemed suitable for mediation, and to proceed to mediate the matter in an attempt to help the parties reach a settlement. Indicate the most accurate statement: a. Small claims courts have inferior status because the amount of the claim is so low. b. The principle of party presentation applies in the small claims court because the commissioner plays an active role in assisting the litigants to present their case during the trial. c. In small claims courts a party is entitled to cross examine his or her opponent. d. A small claims court may entertain an action for the delivery of movable property not exceeding R20 000. Indicate the most accurate statement: a. A rule nisi applies only to ex parte applications. b. An affidavit in application proceedings may, as a rule, not contain hearsay evidence, and if it does, it may not on application be amended. c. An interlocutory application is brought by way of a notice. d. All types of application must be served by the sheriff. Indicate the most accurate statement: a. A court may exercise divorce jurisdiction only if both or either of the parties are or is domiciled in the Republic on the date on which the action is instituted. b. A court may exercise divorce jurisdiction only if both or either of the parties are or is resident in its area of jurisdiction on the date on which the action is instituted and have been ordinarily resident in the Republic for a period of not less than one year immediately prior to the institution of the action. c. A court may exercise divorce jurisdiction if both or either of the parties are or is ordinarily resident in its area of jurisdiction on the date on which the action is instituted and have been ordinarily resident in the Republic for a period of not less than one year immediately prior to the institution of the action. d. A court may exercise divorce jurisdiction if both or either of the parties are or is domiciled in the Republic on the date on which the action is instituted and are or is resident in its area of jurisdiction on the date on which the action is instituted and have been ordinarily resident in the Republic for a period of less than one year immediately prior to the institution of the marriage. Indicate the most accurate statement: a. A defendant may consent to judgment for a smaller amount than claimed in the summons, but he or she may then defend the action in respect of the balance of the claim. b. The discovery of documents in the magistrates courts is important because it allows a litigant to set down his or her case for trial. c. A party may request further particulars for purposes of pleading in the magistrates courts in terms of rule 16 of the Magistrates Courts Rules. d. In terms of rule 21A of the Magistrates Courts Rules, the court only may declare pleadings closed, and parties may not agree that pleadings have closed. D who lives in Gauteng wishes to divorce her husband F. F lives in a caravan and drifts around the KwaZulu Natal south coast where he works as a handyman doing repairs to holiday homes. D does not know his exact whereabouts. The summons must be served on F by way of: Substituted service. Normal service. Edictal citation. A combination of substituted service and edictal citation. Indicate the most accurate statement: The South African High Courts are creatures of statute because they are subject to the provisions of the Superior Courts Act 2013. Since the rules exist for the courts a court may condone a litigant non compliance with its rules. The Uniform Rules of Court are a common set of rules that uniformly regulate the conduct of proceedings in the magistrates courts. The Minister of Justice and the Rules Board may make rules relating to the manner in which the Constitutional Court may be engaged. Indicate the most accurate statement with regards to Constitutional Court jurisdiction: The decisions on whether the President has failed to comply with a constitutional duty may be adjudicated by the Constitutional Court. The Constitutional Court may not confirm a decision regarding the constitutionality of any legislation of the High Court before such legislation can acquire force. The Constitutional Court may never be approached directly. The Constitutional Court has concurrent jurisdiction with the Supreme Court of Appeal Court. Indicate the most accurate statement: The district magistrates courts can adjudicate on divorce matters according to the jurisdiction of the Regional Magistrates Courts Amendment Act. A court may exercise divorce jurisdiction only if the wife is resident in the jurisdictional area of the same court where the husband is resident. Section 28 1A of the Magistrates Courts Act provides the regional magistrates courts with divorce jurisdiction. A court may exercise divorce jurisdiction only if the wife is domiciled in the court area of jurisdiction at the time of the institution of the action. Indicate the most accurate statement: On the basis of the ground ratione domicilii a High Court may not exercise jurisdiction unless the defendant is physically present within its area of jurisdiction. The Roman law rule actor sequitur forum rei means that the plaintiff must institute action against the defendant in the High Court within whose area of jurisdiction the defendant is a citizen. An application for attachment must be brought before the main action commences and the applicant must show that prima facie he or she has a cause of action. The ratione rei gestae applies when a court in whose area of jurisdiction property or a person is situated or resident has exclusive jurisdiction over that property or person. Indicate the most accurate statement. A High Court may exercise jurisdiction to obtain an order for: Indicate the most accurate statement: a. An offer to settle in terms of Uniform Rule 34 can be used in both summons and application proceedings. b. A judgment can only be delivered at the end of a trial, because the court is only competent to deliver a judgment after hearing and properly considering the evidence. c. If a party intends instituting an action and a document which is vital in support of the claim is in the possession of a party who is to become the defendant in such an action, the prospective plaintiff may request the prospective defendant to make discovery thereof in terms of Uniform Rule 35. d. Only viva voce evidence may be given by a witness in open court. Indicate the most accurate statement: a. A litigant who is dissatisfied with the outcome of a matter, always has one appeal as of right. b. A court hearing an appeal from a lower court, as in the case of a court of first instance, consists of a single judge. c. The Constitutional Court is the highest court of appeal in respect of all civil matters. d. An appeal from a magistrates court may only be noted against a decision which is final in effect. Indicate the most accurate statement: a. A combined summons is a unique document because the summons and the declaration are inextricably linked. b. In action proceedings, a counterclaim is always served with a plea on the merits. c. As an attorney, it is not possible to represent the client without first producing a power of attorney in all courts. d. A power of attorney usually seeks to define the extent of an attorney’s mandate. Indicate the most accurate statement. A High Court may exercise jurisdiction ad fundandam iurisdictionem if: a. Both the plaintiff and the defendant are peregrini of the court concerned, and attachment has taken place. b. The defendant is a peregrinus of the court concerned, but an incola of the Republic, provided that attachment has taken place. c. The plaintiff is an incola of the court concerned and the defendant is a peregrinus of such court as well as of the Republic, in an instance where the cause of action did not arise within the area of jurisdiction of the court concerned, provided attachment has taken place. d. Attachment has taken place in an instance where the defendant is a peregrinus of the court concerned and of the whole Republic, irrespective of whether the plaintiff is an incola or peregrinus of the court concerned, provided that the cause of action has arisen within the court’s area of jurisdiction. Peter and Don are involved in a motor collision due to Don driving through a red traffic light under the influence of alcohol. Peter sustains damages to his car, as well as personal injuries. Peter alleges that his damages are due solely to Don’s negligence. Indicate the most accurate statement: a. Peter is compelled by the state to institute civil proceedings against Don. b. Peter is compelled to lay criminal charges against Don. c. In the civil proceedings between Peter and Don the court may not interfere in the manner in which they conduct the proceedings. d. If Don is acquitted in the criminal proceedings, this means that Peter has a minimal chance of success if he later institutes civil proceedings. Attachment ad confirmandam iurisdictionem if the defendant is a peregrinus of the court concerned the plaintiff is an incola of the court concerned and attachment has taken place. Attachment ad confirmandam iurisdictionem if both the plaintiff and the defendant are incolae of the court concerned and attachment has taken place. Attachment ad fundandam iurisdictionem if the plaintiff is a peregrinus of the court concerned the defendant is a peregrinus of the whole Republic the cause of action occurred within the area of jurisdiction of the court concerned and attachment has taken place within the jurisdictional area of the court. Attachment ad fundandam iurisdictionem if the plaintiff is an incola of the court concerned the defendant is a peregrinus of the Republic the cause of action took place outside the jurisdictional area of the court concerned and attachment has taken place. Indicate the most accurate statement: A rule nisi applies only to ex parte applications. An affidavit in application proceedings may as a rule not contain hearsay evidence and if it does it may not on application be amended. An interlocutory application is brought by way of a notice. All types of application must be served by the sheriff. Indicate the most accurate statement. X has a claim against B for damages in the amount of R220 000. However, X owes B R30 000 for goods which B has sold and delivered to him: a. If X deducts R30 000 from his claim in terms of section 39 of the Magistrates Courts Act 32 of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will award R190 000 as damages. b. If X abandons R30 000 from his claim in terms of section 38 of the Magistrates Courts Act 32 of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will award R190 000 as damages. c. If X does not rely on section 38 or 39 of the Magistrates Courts Act 32 of 1944, there is no other way in which he will be able to bring this action within the jurisdiction of the district magistrates courts. d. X is entitled to claim R200 000 from B and thereafter institute an action for the balance of this claim, namely R30 000. Indicate the most accurate statement: a. The only factor which determines whether proceedings may be instituted by way of application proceedings or by way of summons proceedings is whether a material dispute of fact exists between the parties. b. Y delivers a plea on the merits because she wishes to give notice that she intends defending the action. c. X is of the opinion that Y does not have a bona fide defence and that she has entered an appearance simply to delay the action. Consequently, X applies for summary judgment. d. X is of the opinion that Y’s plea on the merits does not sustain a defence, and therefore he objects to Y’s plea by raising an exception. Indicate the most accurate statement: a. An offer to settle in terms of Uniform Rule 34 may be used in both summons and application proceedings. b. The three sets of affidavits which are usually exchanged between the parties in application proceedings are the supporting affidavit, the answering affidavit and the replication. c. A power of attorney usually seeks to define the extent of an attorney’s mandate. d. Urgent applications are used when the relief sought is a preliminary step in the proceedings. Indicate the most accurate statement: a. Ordinary application proceedings must be commenced on notice. b. A court hearing an appeal from a lower court, as in the case of a court of first instance, consists of a single judge. c. In reply to a defendant’s counterclaim, a defendant in reconvention may file a replication in reconvention. d. A party wishing to demand security for costs from his or her opponent in the magistrates court may approach the clerk of the court or the registrar for an order directing the party to furnish such security. Indicate the most accurate statement: It is an accepted rule that offer to settle in terms of Rule 34 and a tender may not be disclosed in court before judgment has been given. Where a temporary interdict is sought the court is approached by way of the summons procedure. The failure by an advocate to sign the particulars of a claim renders the document defective and the defendant may raise a special plea to rectify the defect. A party may lawfully in terms of Uniform Rule 35 refuse to disclose correspondence exchanged without prejudice. Indicate the most accurate statement: An offer to settle in terms of Uniform Rule 34 can be used in both summons and application proceedings. Only viva voce evidence may be given by a witness in open court. A judgment can only be delivered at the end of a trial because the court is only competent to deliver a judgment after hearing and properly considering the evidence. If a party intends instituting an action and a document which is vital in support of the claim is in the possession of a party who is to become the defendant in such an action the prospective plaintiff may request the prospective defendant to make discovery thereof in terms of Uniform Rule 35. Indicate the most accurate statement: A litigant who is dissatisfied with the outcome of a matter always has one appeal as of right. The Constitutional Court is the highest court of appeal in respect of all civil matters. A court hearing an appeal from a lower court as in the case of a court of first instance consists of a single judge. An appeal from a magistrates court may only be noted against a decision which is final in effect. Indicate the most accurate statement: a. When a claim for damages is instituted, the plaintiff must prove the guilt of the defendant. b. The Uniform Rules of Court are a common set of rules that uniformly regulate the conduct of the proceedings in the magistrates courts. c. Since the rules exist for the courts, a High Court may condone a litigant’s non compliance with the rules. d. The Minister of Justice and the Rules Board may make rules relating to the manner in which the Constitutional Court may be engaged. Indicate the most accurate statement. During the trial it becomes clear that X concealed certain documents which were prejudicial to his case and lied about their existence. At the end of the trial Y’s advocate argues that in these circumstances it would be appropriate for the court to make the following costs order: a. De bonis propriis against X. b. Party and party costs against X. c. Attorney and client costs against X. d. That costs should be costs in the cause. Indicate the most accurate statement: a. Although the general rule is that evidence must be given viva voce and in open court, the court may, for sufficient reasons, order that evidence be given on affidavit. b. A notice of intention to defend is the first of the pleadings that are exchanged between litigating parties. c. Passengers of a minibus suffer damage in that their personal possessions are either damaged or destroyed in a collision. Because actions for damages tend to be of a protracted nature and most passengers involved suffer financial hardship while the action drags on, the passengers may, in terms of Uniform Rule 34A apply to court for interim payment. d. If a plaintiff issues two summonses against the same defendant on the same cause of action in two different courts, the defendant may approach the court to have the more recent summons struck out on the ground that such summons is vexatious. Indicate the most accurate statement. A submission to the jurisdiction of a High Court occurs when: a. Both parties to the action are foreign peregrini and the cause of action has occurred outside the court’s area of jurisdiction. b. Both parties to the action are incolae of the court concerned. c. The plaintiff is an incola of the court concerned and the defendant is an incola of another South African court, the cause of action has occurred outside the court’s area of jurisdiction. d. The plaintiff is a local peregrinus and the defendant is a foreign peregrinus and the cause of action has occurred within the court’s area of jurisdiction. Indicate the most accurate statement: a. A litigant who is dissatisfied with the outcome of a matter, always has one appeal as of right. b. In the magistrates court, a power of attorney must be filed with the registrar or clerk of the court as proof of mandate before a summons may be issued. c. An appeal from a magistrates court may only be noted against a decision which is final in effect. d. As in the case of a superior court, a magistrates court has a discretion regarding its own procedure. Indicate the most accurate statement: a. The South African High Courts are creatures of statute because they are subject to the provisions of the Superior Courts Act 2013. b. In civil proceedings, the parties comprise the complainant and the defendant. c. In civil proceedings, judgment will be granted in favour of the plaintiff if the defence raised by the defendant is less probable than the claim proved by the plaintiff. d. The Constitutional Court is the highest court of appeal in respect of all civil matters. CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 9 April 2026; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... Ensure your success with us...... Indicate the most accurate statement: a. Traditional dispute resolution processes are grouped together under the ADR system of dispute resolution because of their shared characteristics. b. When we refer to the reform of civil procedural law, we are in fact referring to the need to effect certain proposed cosmetic changes. c. Mediation is an Alternative Dispute Resolution ADR process, and the mediator, like a judicial officer, adjudicates disputes, but in an informal setting. d. Court annexed mediation has increased access to justice by allowing a magistrate or a judge to suspend a matter brought before him or her if the matter is deemed suitable for mediation, and to proceed to mediate the matter in an attempt to help the parties reach a settlement. Indicate the most accurate statement: a. Small claims courts have inferior status because the amount of the claim is so low. b. The principle of party presentation applies in the small claims court because the commissioner plays an active role in assisting the litigants to present their case during the trial. c. In small claims courts a party is entitled to cross examine his or her opponent. d. A small claims court may entertain an action for the delivery of movable property not exceeding R20 000. Indicate the most accurate statement: a. A rule nisi applies only to ex parte applications. b. An affidavit in application proceedings may, as a rule, not contain hearsay evidence, and if it does, it may not on application be amended. c. An interlocutory application is brought by way of a notice. d. All types of application must be served by the sheriff. Indicate the most accurate statement: a. A court may exercise divorce jurisdiction only if both or either of the parties are or is domiciled in the Republic on the date on which the action is instituted. b. A court may exercise divorce jurisdiction only if both or either of the parties are or is resident in its area of jurisdiction on the date on which the action is instituted and have been ordinarily resident in the Republic for a period of not less than one year immediately prior to the institution of the action. c. A court may exercise divorce jurisdiction if both or either of the parties are or is ordinarily resident in its area of jurisdiction on the date on which the action is instituted and have been ordinarily resident in the Republic for a period of not less than one year immediately prior to the institution of the action. d. A court may exercise divorce jurisdiction if both or either of the parties are or is domiciled in the Republic on the date on which the action is instituted and are or is resident in its area of jurisdiction on the date on which the action is instituted and have been ordinarily resident in the Republic for a period of less than one year immediately prior to the institution of the marriage. Indicate the most accurate statement: a. A defendant may consent to judgment for a smaller amount than claimed in the summons, but he or she may then defend the action in respect of the balance of the claim. b. The discovery of documents in the magistrates courts is important because it allows a litigant to set down his or her case for trial. c. A party may request further particulars for purposes of pleading in the magistrates courts in terms of rule 16 of the Magistrates Courts Rules. d. In terms of rule 21A of the Magistrates Courts Rules, the court only may declare pleadings closed, and parties may not agree that pleadings have closed. D who lives in Gauteng wishes to divorce her husband F. F lives in a caravan and drifts around the KwaZulu Natal south coast where he works as a handyman doing repairs to holiday homes. D does not know his exact whereabouts. The summons must be served on F by way of: Substituted service. Normal service. Edictal citation. A combination of substituted service and edictal citation. Indicate the most accurate statement: The South African High Courts are creatures of statute because they are subject to the provisions of the Superior Courts Act 2013. Since the rules exist for the courts a court may condone a litigant non compliance with its rules. The Uniform Rules of Court are a common set of rules that uniformly regulate the conduct of proceedings in the magistrates courts. The Minister of Justice and the Rules Board may make rules relating to the manner in which the Constitutional Court may be engaged. Indicate the most accurate statement with regards to Constitutional Court jurisdiction: The decisions on whether the President has failed to comply with a constitutional duty may be adjudicated by the Constitutional Court. The Constitutional Court may not confirm a decision regarding the constitutionality of any legislation of the High Court before such legislation can acquire force. The Constitutional Court may never be approached directly. The Constitutional Court has concurrent jurisdiction with the Supreme Court of Appeal Court. Indicate the most accurate statement: The district magistrates courts can adjudicate on divorce matters according to the jurisdiction of the Regional Magistrates Courts Amendment Act. A court may exercise divorce jurisdiction only if the wife is resident in the jurisdictional area of the same court where the husband is resident. Section 28 1A of the Magistrates Courts Act provides the regional magistrates courts with divorce jurisdiction. A court may exercise divorce jurisdiction only if the wife is domiciled in the court area of jurisdiction at the time of the institution of the action. Indicate the most accurate statement: On the basis of the ground ratione domicilii a High Court may not exercise jurisdiction unless the defendant is physically present within its area of jurisdiction. The Roman law rule actor sequitur forum rei means that the plaintiff must institute action against the defendant in the High Court within whose area of jurisdiction the defendant is a citizen. An application for attachment must be brought before the main action commences and the applicant must show that prima facie he or she has a cause of action. The ratione rei gestae applies when a court in whose area of jurisdiction property or a person is situated or resident has exclusive jurisdiction over that property or person. Indicate the most accurate statement. A High Court may exercise jurisdiction to obtain an order for: Indicate the most accurate statement: a. An offer to settle in terms of Uniform Rule 34 can be used in both summons and application proceedings. b. A judgment can only be delivered at the end of a trial, because the court is only competent to deliver a judgment after hearing and properly considering the evidence. c. If a party intends instituting an action and a document which is vital in support of the claim is in the possession of a party who is to become the defendant in such an action, the prospective plaintiff may request the prospective defendant to make discovery thereof in terms of Uniform Rule 35. d. Only viva voce evidence may be given by a witness in open court. Indicate the most accurate statement: a. A litigant who is dissatisfied with the outcome of a matter, always has one appeal as of right. b. A court hearing an appeal from a lower court, as in the case of a court of first instance, consists of a single judge. c. The Constitutional Court is the highest court of appeal in respect of all civil matters. d. An appeal from a magistrates court may only be noted against a decision which is final in effect. Indicate the most accurate statement: a. A combined summons is a unique document because the summons and the declaration are inextricably linked. b. In action proceedings, a counterclaim is always served with a plea on the merits. c. As an attorney, it is not possible to represent the client without first producing a power of attorney in all courts. d. A power of attorney usually seeks to define the extent of an attorney’s mandate. Indicate the most accurate statement. A High Court may exercise jurisdiction ad fundandam iurisdictionem if: a. Both the plaintiff and the defendant are peregrini of the court concerned, and attachment has taken place. b. The defendant is a peregrinus of the court concerned, but an incola of the Republic, provided that attachment has taken place. c. The plaintiff is an incola of the court concerned and the defendant is a peregrinus of such court as well as of the Republic, in an instance where the cause of action did not arise within the area of jurisdiction of the court concerned, provided attachment has taken place. d. Attachment has taken place in an instance where the defendant is a peregrinus of the court concerned and of the whole Republic, irrespective of whether the plaintiff is an incola or peregrinus of the court concerned, provided that the cause of action has arisen within the court’s area of jurisdiction. Peter and Don are involved in a motor collision due to Don driving through a red traffic light under the influence of alcohol. Peter sustains damages to his car, as well as personal injuries. Peter alleges that his damages are due solely to Don’s negligence. Indicate the most accurate statement: a. Peter is compelled by the state to institute civil proceedings against Don. b. Peter is compelled to lay criminal charges against Don. c. In the civil proceedings between Peter and Don the court may not interfere in the manner in which they conduct the proceedings. d. If Don is acquitted in the criminal proceedings, this means that Peter has a minimal chance of success if he later institutes civil proceedings. Attachment ad confirmandam iurisdictionem if the defendant is a peregrinus of the court concerned the plaintiff is an incola of the court concerned and attachment has taken place. Attachment ad confirmandam iurisdictionem if both the plaintiff and the defendant are incolae of the court concerned and attachment has taken place. Attachment ad fundandam iurisdictionem if the plaintiff is a peregrinus of the court concerned the defendant is a peregrinus of the whole Republic the cause of action occurred within the area of jurisdiction of the court concerned and attachment has taken place within the jurisdictional area of the court. Attachment ad fundandam iurisdictionem if the plaintiff is an incola of the court concerned the defendant is a peregrinus of the Republic the cause of action took place outside the jurisdictional area of the court concerned and attachment has taken place. Indicate the most accurate statement: A rule nisi applies only to ex parte applications. An affidavit in application proceedings may as a rule not contain hearsay evidence and if it does it may not on application be amended. An interlocutory application is brought by way of a notice. All types of application must be served by the sheriff. Indicate the most accurate statement. X has a claim against B for damages in the amount of R220 000. However, X owes B R30 000 for goods which B has sold and delivered to him: a. If X deducts R30 000 from his claim in terms of section 39 of the Magistrates Courts Act 32 of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will award R190 000 as damages. b. If X abandons R30 000 from his claim in terms of section 38 of the Magistrates Courts Act 32 of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will award R190 000 as damages. c. If X does not rely on section 38 or 39 of the Magistrates Courts Act 32 of 1944, there is no other way in which he will be able to bring this action within the jurisdiction of the district magistrates courts. d. X is entitled to claim R200 000 from B and thereafter institute an action for the balance of this claim, namely R30 000. Indicate the most accurate statement: a. The only factor which determines whether proceedings may be instituted by way of application proceedings or by way of summons proceedings is whether a material dispute of fact exists between the parties. b. Y delivers a plea on the merits because she wishes to give notice that she intends defending the action. c. X is of the opinion that Y does not have a bona fide defence and that she has entered an appearance simply to delay the action. Consequently, X applies for summary judgment. d. X is of the opinion that Y’s plea on the merits does not sustain a defence, and therefore he objects to Y’s plea by raising an exception. Indicate the most accurate statement: a. An offer to settle in terms of Uniform Rule 34 may be used in both summons and application proceedings. b. The three sets of affidavits which are usually exchanged between the parties in application proceedings are the supporting affidavit, the answering affidavit and the replication. c. A power of attorney usually seeks to define the extent of an attorney’s mandate. d. Urgent applications are used when the relief sought is a preliminary step in the proceedings. Indicate the most accurate statement: a. Ordinary application proceedings must be commenced on notice. b. A court hearing an appeal from a lower court, as in the case of a court of first instance, consists of a single judge. c. In reply to a defendant’s counterclaim, a defendant in reconvention may file a replication in reconvention. d. A party wishing to demand security for costs from his or her opponent in the magistrates court may approach the clerk of the court or the registrar for an order directing the party to furnish such security. Indicate the most accurate statement: It is an accepted rule that offer to settle in terms of Rule 34 and a tender may not be disclosed in court before judgment has been given. Where a temporary interdict is sought the court is approached by way of the summons procedure. The failure by an advocate to sign the particulars of a claim renders the document defective and the defendant may raise a special plea to rectify the defect. A party may lawfully in terms of Uniform Rule 35 refuse to disclose correspondence exchanged without prejudice. Indicate the most accurate statement: An offer to settle in terms of Uniform Rule 34 can be used in both summons and application proceedings. Only viva voce evidence may be given by a witness in open court. A judgment can only be delivered at the end of a trial because the court is only competent to deliver a judgment after hearing and properly considering the evidence. If a party intends instituting an action and a document which is vital in support of the claim is in the possession of a party who is to become the defendant in such an action the prospective plaintiff may request the prospective defendant to make discovery thereof in terms of Uniform Rule 35. Indicate the most accurate statement: A litigant who is dissatisfied with the outcome of a matter always has one appeal as of right. The Constitutional Court is the highest court of appeal in respect of all civil matters. A court hearing an appeal from a lower court as in the case of a court of first instance consists of a single judge. An appeal from a magistrates court may only be noted against a decision which is final in effect. Indicate the most accurate statement: a. When a claim for damages is instituted, the plaintiff must prove the guilt of the defendant. b. The Uniform Rules of Court are a common set of rules that uniformly regulate the conduct of the proceedings in the magistrates courts. c. Since the rules exist for the courts, a High Court may condone a litigant’s non compliance with the rules. d. The Minister of Justice and the Rules Board may make rules relating to the manner in which the Constitutional Court may be engaged. Indicate the most accurate statement. During the trial it becomes clear that X concealed certain documents which were prejudicial to his case and lied about their existence. At the end of the trial Y’s advocate argues that in these circumstances it would be appropriate for the court to make the following costs order: a. De bonis propriis against X. b. Party and party costs against X. c. Attorney and client costs against X. d. That costs should be costs in the cause. Indicate the most accurate statement: a. Although the general rule is that evidence must be given viva voce and in open court, the court may, for sufficient reasons, order that evidence be given on affidavit. b. A notice of intention to defend is the first of the pleadings that are exchanged between litigating parties. c. Passengers of a minibus suffer damage in that their personal possessions are either damaged or destroyed in a collision. Because actions for damages tend to be of a protracted nature and most passengers involved suffer financial hardship while the action drags on, the passengers may, in terms of Uniform Rule 34A apply to court for interim payment. d. If a plaintiff issues two summonses against the same defendant on the same cause of action in two different courts, the defendant may approach the court to have the more recent summons struck out on the ground that such summons is vexatious. Indicate the most accurate statement. A submission to the jurisdiction of a High Court occurs when: a. Both parties to the action are foreign peregrini and the cause of action has occurred outside the court’s area of jurisdiction. b. Both parties to the action are incolae of the court concerned. c. The plaintiff is an incola of the court concerned and the defendant is an incola of another South African court, the cause of action has occurred outside the court’s area of jurisdiction. d. The plaintiff is a local peregrinus and the defendant is a foreign peregrinus and the cause of action has occurred within the court’s area of jurisdiction. Indicate the most accurate statement: a. A litigant who is dissatisfied with the outcome of a matter, always has one appeal as of right. b. In the magistrates court, a power of attorney must be filed with the registrar or clerk of the court as proof of mandate before a summons may be issued. c. An appeal from a magistrates court may only be noted against a decision which is final in effect. d. As in the case of a superior court, a magistrates court has a discretion regarding its own procedure. Indicate the most accurate statement: a. The South African High Courts are creatures of statute because they are subject to the provisions of the Superior Courts Act 2013. b. In civil proceedings, the parties comprise the complainant and the defendant. c. In civil proceedings, judgment will be granted in favour of the plaintiff if the defence raised by the defendant is less probable than the claim proved by the plaintiff. d. The Constitutional Court is the highest court of appeal in respect of all civil matters.