Exam_CIV3701.May.2020.MCQ___QA_Boom_submission_d

INTRODUCTORY STUDIES QUESTION 1 Indicate the most accurate statement: (1) When a claim for damages is instituted, the plaintiff must prove the guilt of the defendant. (2) In civil proceedings, the parties comprise the complainant and the defendant. 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. (4) As in the case of a superior court, a magistrates’ court has discretion regarding its own procedure. (2) QUESTION 2 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: (1) Peter is compelled by the state to institute civil proceedings against Don. Peter is compelled to lay criminal charges against Don. (3) In the civil proceedings between Peter and Don the court may not interfere in the manner in which they conduct the proceedings. (4) If Don is acquitted in the criminal proceedings, this means that Peter has a minimal chance of success if he later institutes civil proceedings. (2) QUESTION 3 Indicate the most accurate statement: Traditional dispute resolution processes are grouped together under the ADR system of dispute resolution because of their shared characteristics. (2) When we refer to the reform of civil procedural law, we are in fact referring to the need to effect certain proposed cosmetic changes. (3) Mediation is an Alternative Dispute Resolution (ADR) process, and the mediator, like a judicial officer, adjudicates disputes, but in an informal setting. (4) 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. (2) QUESTION 4 Indicate the most accurate statement: (1) The South African Superior Courts are creatures of statute because they are subject to the provisions of the Superior Courts Act, 2013. (2) Small Claims Courts have an inferior status because they are not courts of record. In the Anglo-American system of civil procedure the judge is always passive during the pre- trial stage of the proceedings. (4) All South African civil courts adhere to the adversarial system of civil litigation. (2) QUESTION 5 Indicate the most accurate statement: The court may interfere with civil proceedings during the pre-trial and trial stages at the request of either of the parties. (2) The state has an interest in civil proceedings since it provides the parties with court infrastructure and enforces the judgments of courts. (3) Every citizen is able to afford litigation because court time and court administration are paid for by the state. (4) The objective of civil proceedings is to establish liability on a balance of probabilities, which means the court must be satisfied that the version put forward by the plaintiff is mostly true. (2) QUESTION 6 Indicate the most accurate statement: (1) A juristic person is allowed to commence an action in the Small Claims Courts only when represented by a duly nominated director or other natural persons. An important objective of introducing Small Claims Courts is to increase ordinary citizens’ access to justice. (3) Small Claims Courts are limited to hearing only claims of up to R15 000, except where the parties consent in writing for the court to hear a claim in excess of R15 000. (4) Matters that Small Claims Courts are absolutely not competent to adjudicate, are identical to those that the magistrates’ courts are not competent to hear in terms of the Magistrates’ Courts Act 32 of 1944. (2) ....................................................continued.............................................