6/22/25, 3:14 PM CLA1501: COMMERCIAL LAW IA 2025 COMPREHENSIVE EXAM QUESTIONS AND ANSWERS (DETAILED AND ELABORATE…
CLA1501: COMMERCIAL LAW IA 2025 COMPREHENSIVE
EXAM QUESTIONS AND ANSWERS (DETAILED AND
ELABORATED) ACCURATE AND A+ GRADED!!!
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
ADVOCATE 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.
Taking a decision of a lower court to a higher court. The person
bringing
the appeal hopes to persuade the higher court to
APPEAL 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).
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,6/22/25, 3:14 PM CLA1501: COMMERCIAL LAW IA 2025 COMPREHENSIVE EXAM QUESTIONS AND ANSWERS (DETAILED AND ELABORATE…
An LLB graduate who has passed the board
examination of the law society, has completed
articles of clerkship and has been admitted and
ATTORNEY 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.
To transfer, assign or hand over one's right to claim
CEDE
something to another person.
The offi cial who receives and issues legal
CLERK OF THE COURT
documents and pleadings in civil actions in
the magistrate's court (see "Registrar"
below).
Recorded in one comprehensive piece of
CODIFIED 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.
This term is used in both a wide and a narrow sense. In the wide
COMMON LAW 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.
The highest court in South Africa for constitutional
CONSTUTIONAL COURT
matters. Consist of Chief Justice of South Africa; The
Deputy Chief Justice; and nine judges.
The person who is sued by the plaintiff in a civil
DEFENDENT
action. In certain types of cases, the
defendant is called the respondent.
The state's offi cial newspaper in which all Acts, proclamations
THE GOVERNMENT and other information that needs to be brought to the public's
GAZETTE notice are
published. The Government Gazette is published by the
Government Printer.
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, 6/22/25, 3:14 PM CLA1501: COMMERCIAL LAW IA 2025 COMPREHENSIVE EXAM QUESTIONS AND ANSWERS (DETAILED AND ELABORATE…
JUDGE A court offi cer who hears and decides cases in the superior
courts.
JUDGEMENT The decision of a judge, a magistrate or other judicial offi cer in a
case.
A court has two kinds of jurisdiction: jurisdiction regarding the
JURISDICTION type
of matter (e.g. a magistrate's court may not decide
on the validity of a will) and jurisdiction in a
particular geographical area
The court officer who hears and decides cases in the
MAGISTRATE
magistrate's court. Regional magistrates hear
matters in regional courts.
The judgment of a judge or judges who
MINORITY JUDGMENT
disagrees/disagree with the judgment
of the majority of judges who hear a
case.
A clause that states that no amendment to, or variation of
NON VARIATION CLAUSE the contract, will be legally valid or binding unless
it is reduced to writing and signed by all the
parties.
A remark in passing that was unnecessary for
OBITER DICTUM
the decision of the case and is, therefore,
not binding in subsequent court cases.
The person bringing an action in a civil case. In
PLANTIFF
certain types of cases, the plaintiff is called
the "applicant".
QUASI - A prefix that means "similar to", "resembling"
RATIO DECIDENDI The underlying reason for a court's ruling
The official who receives and issues legal
REGISTRAR
documents or pleadings in a superior court
The law created by the passing of an Act by
STATUE LAW
Parliament or a provincial legislature.
A court of appeal for the High Court and its various
divisions. Its appeal jurisdiction is unlimited, with
the exception of matters that fall within the
SUPREME COURT OF exclusive jurisdiction of the Constitutional Court.
APPEAL Parties
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CLA1501: COMMERCIAL LAW IA 2025 COMPREHENSIVE
EXAM QUESTIONS AND ANSWERS (DETAILED AND
ELABORATED) ACCURATE AND A+ GRADED!!!
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
ADVOCATE 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.
Taking a decision of a lower court to a higher court. The person
bringing
the appeal hopes to persuade the higher court to
APPEAL 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).
https://quizlet.com/1055351215/cla1501-commercial-law-ia-2025-comprehensive-exam-questions-and-answers-detailed-and-elaborated-accurate-an… 1/25
,6/22/25, 3:14 PM CLA1501: COMMERCIAL LAW IA 2025 COMPREHENSIVE EXAM QUESTIONS AND ANSWERS (DETAILED AND ELABORATE…
An LLB graduate who has passed the board
examination of the law society, has completed
articles of clerkship and has been admitted and
ATTORNEY 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.
To transfer, assign or hand over one's right to claim
CEDE
something to another person.
The offi cial who receives and issues legal
CLERK OF THE COURT
documents and pleadings in civil actions in
the magistrate's court (see "Registrar"
below).
Recorded in one comprehensive piece of
CODIFIED 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.
This term is used in both a wide and a narrow sense. In the wide
COMMON LAW 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.
The highest court in South Africa for constitutional
CONSTUTIONAL COURT
matters. Consist of Chief Justice of South Africa; The
Deputy Chief Justice; and nine judges.
The person who is sued by the plaintiff in a civil
DEFENDENT
action. In certain types of cases, the
defendant is called the respondent.
The state's offi cial newspaper in which all Acts, proclamations
THE GOVERNMENT and other information that needs to be brought to the public's
GAZETTE notice are
published. The Government Gazette is published by the
Government Printer.
https://quizlet.com/1055351215/cla1501-commercial-law-ia-2025-comprehensive-exam-questions-and-answers-detailed-and-elaborated-accurate-an… 2/25
, 6/22/25, 3:14 PM CLA1501: COMMERCIAL LAW IA 2025 COMPREHENSIVE EXAM QUESTIONS AND ANSWERS (DETAILED AND ELABORATE…
JUDGE A court offi cer who hears and decides cases in the superior
courts.
JUDGEMENT The decision of a judge, a magistrate or other judicial offi cer in a
case.
A court has two kinds of jurisdiction: jurisdiction regarding the
JURISDICTION type
of matter (e.g. a magistrate's court may not decide
on the validity of a will) and jurisdiction in a
particular geographical area
The court officer who hears and decides cases in the
MAGISTRATE
magistrate's court. Regional magistrates hear
matters in regional courts.
The judgment of a judge or judges who
MINORITY JUDGMENT
disagrees/disagree with the judgment
of the majority of judges who hear a
case.
A clause that states that no amendment to, or variation of
NON VARIATION CLAUSE the contract, will be legally valid or binding unless
it is reduced to writing and signed by all the
parties.
A remark in passing that was unnecessary for
OBITER DICTUM
the decision of the case and is, therefore,
not binding in subsequent court cases.
The person bringing an action in a civil case. In
PLANTIFF
certain types of cases, the plaintiff is called
the "applicant".
QUASI - A prefix that means "similar to", "resembling"
RATIO DECIDENDI The underlying reason for a court's ruling
The official who receives and issues legal
REGISTRAR
documents or pleadings in a superior court
The law created by the passing of an Act by
STATUE LAW
Parliament or a provincial legislature.
A court of appeal for the High Court and its various
divisions. Its appeal jurisdiction is unlimited, with
the exception of matters that fall within the
SUPREME COURT OF exclusive jurisdiction of the Constitutional Court.
APPEAL Parties
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