TLI4801 Assignment 1 2021.

TLI4801 Assignment 1 2021. Techniques In Trial And Litigation. Discuss the type of summons that will be used to institute Mrs Steven`s divorce action. (4) The combined summons will be used to institute Mrs Steven divorce action. According to Marnewick C.G (2012),1 Combined summons are primarily used where the plaintiff s‟ claim is unliquidated, that is where it is not a claim for a debt or liquidated demand. A combined summons is a summons to which is annexed a statement of the material facts relied upon by the plaintiff in support of plaintiff's claim, and which statement shall, amongst others, comply with rule 6. Rule 6 relates to pleadings generally. Matter for which a combined summons is used involves serious factual disputes that require the leading oral evidence to resolve the issue. (1.b) Name and discuss the pleading that will be annexed to the summons (4) The type of pleading that will be annexed to the summons is particulars of claim. In every case where the claim is not for a debt or liquidated demand the plaintiff must annex his or her summons particulars of the material facts relied upon by him or her in support of the claim, (particulars of claim). Furthermore, the rule provides that the particulars of claim, unlike declaration do not constitute a separate pleading and are inseparably linked to the summons, hence the designation combined summons. (1.c) Draft the prayer only. (4) The plaintiff prays for: (1) special damages in the sum of R30,000, (2)Compensation of maintenance order as prescribed by law (3) costs of suit; (4) reasonable attorney's fees; and (5) such other and further relief as the court shall deem proper. (2) Discuss briefly a legal practitioner may conduct an interview with a client in a litigation matter. (5) 1 Marnewick C.G (2012), Litigation Skills for South African Lawyers: 3rd Edition, LexisNexis, Durban, South Africa. This study source was downloaded by from CourseH on :00:35 GMT -05:00 This study resource was shared via CourseH A legal practitioner may conduct an interview with a client in a litigation matter in the following ways: The first stage is meeting the client and exchanging pleasantries. The legal practitioner meet the client in the reception area and do so promptly. The legal practitioner should not keep the client waiting and should address himself or herself in a good manner. The second stage is initial problem and goal identification. If the Legal practitioner had advance notice of the client's appointment, he may have received some information to help him identify the areas of law that may be relevant. Lawyers do this automatically, drawing on their academic legal knowledge and their practical experience. This initial identification of a relevant area of law has to be flexible. The third stage is dealing with preliminary matters. There are a few preliminary matters that the legal practitioner need to discuss with the client before entering into a detailed fact investigation. These matters include fees, confidentiality, potential conflicts, taking possession of the client's documents and even taking notes during the interview. With this particular client, the legal practitioner can start with the legal fees as she is plainly concerned about her current inability to pay her accounts. Other stages which may follow are establishing the facts in chronological order, initial fact analysis and developing a preliminary theory of the case, giving preliminary advice and concluding the interview. The legal practitioner should avoid legal jargon, be respectful and maintain a balanced amount of eye contact. Question 3: (3a) The Road Accident Fund can be approached in this matter because a person can claim from the RAF if he or she was injured in an accident and were not the driver solely responsible for the accident. In this matter Mr Alan Mkhize was injured and he was not the driver responsible for the accident but a pedestrian. It is very important to note that drivers, passengers, pedestrians, cyclists and motorcyclists can all claim from the Road Accident Fund, as long as they were not entirely responsible for the accident. Furthermore, according to the Road Accident Fund Act 56 of 19962 a person can submit a claim within three years of the motor vehicle accident if he or she know who was responsible for the accident. In this regard Mr Alan Mkhize know Joe Tanner and his car with registration number TN565GP, so he can submit a claim within three years of the motor vehicle accident. The claim will not be valid if submitted after three years of the accident