CIV 3701 Mcq pack

 (1) The Supreme Court of Appeal is competent to hear only non-constitutional matters. (2) Only the Constitutional Court may adjudicate on any alleged violation of a fundamental right entrenched under Chapter 2 of the Constitution, 1996. (3) A magistrate’s court is not competent to adjudicate upon the validity of any legislation, but may pronounce upon the validity of the exercise of executive powers by the President. (4) Disputes concerning the constitutional status, powers or functions between organs of state in the national or provincial spheres may only be adjudicated by the Constitutional Court.  (1) Small claims courts have inferior status because the amount of the claim is so low. (2) 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. (3) In small claims courts a party is entitled to cross-examine his or her opponent. (4) A small claims court may entertain an action for the delivery of movable property not exceeding R15 000.  (1) A court may exercise divorce jurisdiction only if both or either of the parties are/is domiciled in the Republic on the date on which the action is instituted. (2) A court may exercise divorce jurisdiction only if both or either of the parties are/is resident in its area of jurisdiction on the date on which the action is instituted and has/have been ordinarily resident in the Republic for a period of not less than one year immediately prior to the institution of the action. (3) A court may exercise divorce jurisdiction if both or either of the parties are/is ordinarily resident in its area of jurisdiction on the date on which the action is instituted and has/have been ordinarily resident in the Republic for a period of not less than one year immediately prior to the institution of the action. (4) A court may exercise divorce jurisdiction if both or either of the parties are/is domiciled in the Republic on the date on which the action is instituted and the parties are/is resident in its area of jurisdiction on the date on which the action is instituted and has/have been ordinarily resident in the Republic for a period of less than one year immediately prior to the institution of the marriage.  (1) A magistrate’s court within whose area of jurisdiction a defendant resides, is vested with jurisdiction solely by virtue of the common-law principle  . (2) A claim for delivery of specific movable property without an alternative claim for damages, even though the claim does not exceed R400 000, cannot be instituted in any magistrate’s court because it is a claim for specific performance. (3) Splitting of claims occurs when more than one claim, each based on a separate cause of action, is contained in a single summons. (4) The jurisdictional connecting factor  is relevant only in respect of property claims in the High Court.  C and D enter into a contract in Durban in terms of which C has to deliver goods to D’s business premises in Bloemfontein. Despite demand C fails to deliver the goods. C lives in Pietermaritzburg and D lives in Johannesburg. D intends issuing summons against C for delivery of the goods. (1) only the magistrates’ courts of Johannesburg and Pietermaritzburg will hear the matter. (2) only the magistrates’ courts of Durban and Pietermaritzburg will have jurisdiction to hear the matter. (3) only the magistrates’ courts of Durban, Pietermaritzburg and Bloemfontein will have jurisdiction to hear the matter. (4) only the magistrate’s court of Pietermaritzburg will have jurisdiction to hear the matter.  (1) Whether a material dispute of fact exists between parties is the only factor which determines whether proceedings may be instituted by way of application proceedings, or by way of summons proceedings. (2) 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. (3) A power of attorney usually seeks to define the extent of an attorney’s mandate. (4) Urgent applications are used when the relief sought is a preliminary step in the proceedings.  (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 the stated . (3) Ordinary application proceedings always commence with a notice of motion. (4) An  application is used when after a divorce, one of the parents applies for an amendment of access rights in respect of the minor children.  Summary judgment is relevant in the following circumstances: (1) Where a claim is for breach of contract and the defendant gives notice of intention to defend simply to delay proceedings. (2) Where the claim is for goods sold and delivered and the plaintiff contends that the defendant does not have a defence and that appearance to defend was simply entered to gain time. (3) Where the claim is for specific performance and the defendant does not have a  defence. (4) Where the claim is for the delivery of ten specially marked items and the defendant fails to timeously deliver a notice of intention to defend.  In the High Courts the position is as follows -- (1) Pleadings are deemed closed only after the plaintiff has filed his or her replication. (2) In reply to a defendant’s counterclaim, a defendant in reconvention may file a replication in reconvention. (3) An exception may be raised only against a declaration or the particulars of claim. (4) It is possible to inspect a clearly specified document or tape recording in a party’s possession and relating to a reasonably anticipated issue in the action before the close of pleadings.  (1) A High Court derives the power to review the proceedings of inferior courts from the Superior Courts Act, 2013. (2) The Constitutional Court is the highest court of appeal in respect of certain civil matters. (3) Lower court proceedings are reviewed by way of the summons procedure. (4) Both appeal and review must take place within a reasonable time.  P and S are involved in a car accident. S drives though a red traffic light whilst texting on his cellphone. P sustains damages in the amount of R120 000 in respect of his motor vehicle, and his medical costs amount to R100 000P alleges that his damages are due solely to S’s negligence. (1) P may only institute a claim for damages arising out of a delict. (2) If P laid criminal charges, he would be called the plaintiff and S would be known as the respondent. (3) If P institutes civil proceedings, he must establish the guilt of P, the defendant in order to succeed with his claim in a court of law. (4) In civil proceedings between P and S, the court may not interfere in the manner in which they conduct proceedings during the pre-trial stage, except upon the instruction of one of the parties.  (1) Small claims courts have an inferior status because they are not courts of record. (2) Although the rules of evidence do not apply in the small claims courts, a plaintiff may call one or more witnesses to prove his claim. (3) A juristic person may only commence proceedings in a small claims court when represented by a duly authorised director or other natural person. (4) A small claims court is competent to grant an interdict.  (1) In Continental civil procedure, the judicial officer is only actively involved during the trial stage of the proceedings. (2) In Anglo-American civil procedure, the judge is never active during the pre-trial stage of the proceedings. (3) Orality is a dominant characteristic of Anglo-American civil procedure. (4) The principle of bilaterality means in theory and in practice that both litigants have a fair and balanced opportunity to present their respective claims or defences.  Bar is relevant in the following circumstances: (1) The defendant does not timeously give notice of his intention to defend. (2) A party fails to appear at the trial. (3) A party fails to timeously deliver a declaration. (4) A party fails to timeously request further particulars for the purposes of trial.