CLA1501: COMMERCIAL LAW IA Questions With accurate Answers!

CLA1501: COMMERCIAL LAW IA Questions W ADVOCATE -ANSWER An LLB graduate who has been admitted and enrolled as an advocate of the High Court. When an advocate practises as such, he or she is usually also a member of a Bar. There is a Bar for each of the various divisions of the High Court. In order to become a member of a Bar, a candidate must complete a pupillage and pass the Bar examination. An advocate may appear in any court, except the small claims court. In terms of section 34(2)(a)(ii) of the Legal Practice Act 28 of 2014 an advocate may now render legal services in expectation of a fee upon receipt of a request directly from a member of the public, provided that he or she is in possession of a prescribed certifi cate and a trust account. APPEAL -ANSWER Taking a decision of a lower court to a higher court. The person bringing the appeal hopes to persuade the higher court to change the decision of the lower court. The person who takes the matter to a higher court is called the appellant, regardless of whether this party was the applicant or the respondent in the fi rst case, or whether this person was the plaintiff or the defendant in the first case (see "Defendant" and "Plaintiff" below). ATTORNEY -ANSWER An LLB graduate who has passed the board examination of the law society, has completed articles of clerkship and has been admitted and enrolled as such by the High Court. Attorneys may appear in the lower and the superior courts. Attorneys have traditionally dealt directly with members of the public who need legal advice or representation, but they may refer their clients to advocates. Apart from litigation, attorneys also give assistance in all kinds of legal matters such as the drawing up of contracts and wills. CEDE -ANSWER To transfer, assign or hand over one's right to claim something to another person. CLERK OF THE COURT -ANSWER The offi cial who receives and issues legal documents and pleadings in civil actions in the magistrate's court (see "Registrar" below). CODIFIED -ANSWER Recorded in one comprehensive piece of legislation. The Corpus Iuris Civilis is a codifi cation of the Roman law, which was compiled during the reign of Emperor Justinian in the sixth century. South African law is not codified. COMMON LAW -ANSWER This term is used in both a wide and a narrow sense. In the wide sense it is used to indicate law that is not contained in legislation and in the narrow sense it is used specifi cally to refer to the works of the old authorities. CONSTUTIONAL COURT -ANSWER The highest court in South Africa for constitutional matters. Consist of Chief Justice of South Africa; The Deputy Chief Justice; and nine judges. ith accurate Answers!