CIV3701 VARIOUS MCQ WITH ANSWERS FROM VARIOUS ASSIGNMENTS OVER THE YEARS.

2017 – CIVIL PROCEDURE EXAM PREP SEMESTER 2 CIP ASSIGNMENTS QUESTION 1 As N’s landlord, M wishes to evict N from industrial premises that N rents in terms of a contract of lease. The exact nature of the claim that M will have against N is Indicate the most accurate statement. (1) an illiquid claim (2) a liquid claim. (3) a debt or liquidated demand (4) an unliquidated claim. QUESTION 2 The facts in Question 1 remain the same. In order to commence proceedings, M must issue one of the following summonses: Indicate the most accurate statement. (1) an illiquid summons (2) a liquid summons (3) a combined summons (4) a simple summons. QUESTION 3 Indicate the most accurate statement: (1) Application proceedings may be instituted by way of the ex parte application, the “ordinary application” and the urgent application. (2) If a party wishes to oppose an application, he or she must deliver a notice of intention to defend within the dies induciae. (3) The purpose of a special power of attorney essentially is to define the extent of an attorney’s mandate. (4) Any indigent person may approach the registrar of his or her local High Court for free legal services in terms of Uniform Rule 40. QUESTION 4 Indicate the most accurate statement: (1) A party who fails to timeously deliver a notice of intention to defend, is automatically barred. (2) A party who fails to timeously deliver a declaration and who despite having received a notice of bar, persists in such failure, is in default as well as barred. (3) To enable a defendant to deliver her plea on the merits, she can request further particulars from the plaintiff in terms of Uniform Rule 21(2). (4) The objective of the pre-trial conference in terms of Uniform Rule 37 is to facilitate a settlement between the parties. QUESTION 5 Indicate the most accurate statement. (1) An offer to settle in terms of Rule 34 of the Uniform Rules of Court can be used in both summons and application proceedings.