lOMoARcPSD|3013804
CIP3701 MCQ Assignments 2013-
2017
Civil Procedure 401 (University of South Africa)
, lOMoARcPSD|3013804
1
2017 – CIVIL PROCEDURE EXAM PREP
SEMESTER 2
CIP3701 2013 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.
(2) A judgment can only be delivered at the end of the litigation process, in other
words, at the end of a trial, because the court is only competent to deliver a judgment
after hearing and properly considering the evidence.
(3) If a party intends instituting an action and a document which forms a vital part of
the claim is in the possession of a party who is to become the defendant in such an
action, the prospective plaintiff can require the prospective defendant to make
discovery thereof in terms of Rule 35 of the Uniform Rules of Court.
(4) Only viva voce evidence can be given by witnesses in open court.
, lOMoARcPSD|3013804
2
QUESTION 6
Indicate the most accurate statement.
(1) Only two types of summonses are found in the magistrates’ courts, namely the
simple summons and the provisional sentence summons.
(2) In the magistrate’s court it is unnecessary for a plaintiff to aver in a summons
that a particular court has jurisdiction to hear a particular matter.
(3) Payment into court in terms of Rule 18 of the magistrates’ courts rules, and
tender, are methods for settling any claim in the magistrate’s court.
(4) The grounds for exception in the magistrate’s court are essentially the same as
those that apply in the High Court.
QUESTION 7
Indicate the most accurate statement.
(1) The replication is the final pleading that can be exchanged in the magistrates’
courts.
(2) The defendant in the magistrates’ courts has an option of paying into court
to ward off a summary judgment application.
(3) Rule 19 of the magistrates’ courts rules provides that an exception can be
used in both summons proceedings and application proceedings.
(4) The plaintiff’s summons must contain a reference to section 26(1) of the
Constitution in instances where he or she seeks an order for immovable property on
which the defendant lives to be declared executable in the magistrates’ courts.
QUESTION 8
Indicate the most accurate statement.
(1) A combined summons is preferred to the simple summons in matters relating to
the National Credit Act 34 of 2005, as the National Credit Act requires many averments
to show compliance.
(2) The effect of an order for the absolution of the instance is that the matter is
considered res iudicata.
(3) The National Credit Act 34 of 2005 requires the debt collection process to
commence with either a simple summons or a combined summons.
(4) The National Credit Act 34 of 2005 regulates consumer credit only in respect of
goods sold and leased and credit granted.
QUESTION 9
Indicate the most accurate statement.
(1) If a party in a civil action is dissatisfied with the judgment of the Supreme Court of
Appeal, such party can still appeal to the Constitutional Court.
(2) An appeal from a lower court is heard by a provincial division of the High Court in
terms of section 83 of the
Magistrates’ Court Act 32 of 1944.
(3) Lower court proceedings are reviewed by way of the summons procedure.
(4) Both appeal and review must take place within a
reasonable time. QUESTION 10
Indicate the most accurate statement.
(1) The proceedings of all courts and quasi-judicial bodies are subject to review.
(2) A court hearing an appeal from a lower court, as in the case of a court of first
instance, consists of a single judge.
(3) A litigant who is dissatisfied with the outcome of a matter in a magistrate’s court
always has one appeal as of right.
(4) An application for leave to appeal to the Supreme Court of Appeal must be
lodged in duplicate with the Chief Justice.
CIP3701 MCQ Assignments 2013-
2017
Civil Procedure 401 (University of South Africa)
, lOMoARcPSD|3013804
1
2017 – CIVIL PROCEDURE EXAM PREP
SEMESTER 2
CIP3701 2013 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.
(2) A judgment can only be delivered at the end of the litigation process, in other
words, at the end of a trial, because the court is only competent to deliver a judgment
after hearing and properly considering the evidence.
(3) If a party intends instituting an action and a document which forms a vital part of
the claim is in the possession of a party who is to become the defendant in such an
action, the prospective plaintiff can require the prospective defendant to make
discovery thereof in terms of Rule 35 of the Uniform Rules of Court.
(4) Only viva voce evidence can be given by witnesses in open court.
, lOMoARcPSD|3013804
2
QUESTION 6
Indicate the most accurate statement.
(1) Only two types of summonses are found in the magistrates’ courts, namely the
simple summons and the provisional sentence summons.
(2) In the magistrate’s court it is unnecessary for a plaintiff to aver in a summons
that a particular court has jurisdiction to hear a particular matter.
(3) Payment into court in terms of Rule 18 of the magistrates’ courts rules, and
tender, are methods for settling any claim in the magistrate’s court.
(4) The grounds for exception in the magistrate’s court are essentially the same as
those that apply in the High Court.
QUESTION 7
Indicate the most accurate statement.
(1) The replication is the final pleading that can be exchanged in the magistrates’
courts.
(2) The defendant in the magistrates’ courts has an option of paying into court
to ward off a summary judgment application.
(3) Rule 19 of the magistrates’ courts rules provides that an exception can be
used in both summons proceedings and application proceedings.
(4) The plaintiff’s summons must contain a reference to section 26(1) of the
Constitution in instances where he or she seeks an order for immovable property on
which the defendant lives to be declared executable in the magistrates’ courts.
QUESTION 8
Indicate the most accurate statement.
(1) A combined summons is preferred to the simple summons in matters relating to
the National Credit Act 34 of 2005, as the National Credit Act requires many averments
to show compliance.
(2) The effect of an order for the absolution of the instance is that the matter is
considered res iudicata.
(3) The National Credit Act 34 of 2005 requires the debt collection process to
commence with either a simple summons or a combined summons.
(4) The National Credit Act 34 of 2005 regulates consumer credit only in respect of
goods sold and leased and credit granted.
QUESTION 9
Indicate the most accurate statement.
(1) If a party in a civil action is dissatisfied with the judgment of the Supreme Court of
Appeal, such party can still appeal to the Constitutional Court.
(2) An appeal from a lower court is heard by a provincial division of the High Court in
terms of section 83 of the
Magistrates’ Court Act 32 of 1944.
(3) Lower court proceedings are reviewed by way of the summons procedure.
(4) Both appeal and review must take place within a
reasonable time. QUESTION 10
Indicate the most accurate statement.
(1) The proceedings of all courts and quasi-judicial bodies are subject to review.
(2) A court hearing an appeal from a lower court, as in the case of a court of first
instance, consists of a single judge.
(3) A litigant who is dissatisfied with the outcome of a matter in a magistrate’s court
always has one appeal as of right.
(4) An application for leave to appeal to the Supreme Court of Appeal must be
lodged in duplicate with the Chief Justice.
