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CLA1501 COMMERCIAL LAW 1
QUESTIONS AND ANSWERS 2025
ADVOCATE - correct 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 - correct 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
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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 - correct 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 - correct answer- To transfer, assign or hand over one's
right to claim something to another
person.
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CLERK OF THE COURT - correct answer- The offi cial who
receives and issues legal documents and pleadings
in civil actions in the magistrate's court (see "Registrar" below).
CODIFIED - correct 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 - correct 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 - correct answer- The highest court
in South Africa for constitutional matters. Consist of Chief
Justice of South Africa; The Deputy Chief Justice; and nine
judges.
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DEFENDENT - correct answer- The person who is sued by the
plaintiff in a civil action. In certain types
of cases, the defendant is called the respondent.
THE GOVERNMENT GAZETTE - correct answer- The state's
offi cial newspaper in which all Acts, proclamations
and other information that needs to be brought to the public's
notice are
published. The Government Gazette is published by the
Government Printer.
JUDGE - correct answer- A court offi cer who hears and
decides cases in the superior courts.
JUDGEMENT - correct answer- The decision of a judge, a
magistrate or other judicial offi cer in a case.
JURISDICTION - correct answer- A court has two kinds of
jurisdiction: jurisdiction regarding the 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
CLA1501 COMMERCIAL LAW 1
QUESTIONS AND ANSWERS 2025
ADVOCATE - correct 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 - correct 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
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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 - correct 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 - correct answer- To transfer, assign or hand over one's
right to claim something to another
person.
,3 | Page
CLERK OF THE COURT - correct answer- The offi cial who
receives and issues legal documents and pleadings
in civil actions in the magistrate's court (see "Registrar" below).
CODIFIED - correct 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 - correct 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 - correct answer- The highest court
in South Africa for constitutional matters. Consist of Chief
Justice of South Africa; The Deputy Chief Justice; and nine
judges.
, 4 | Page
DEFENDENT - correct answer- The person who is sued by the
plaintiff in a civil action. In certain types
of cases, the defendant is called the respondent.
THE GOVERNMENT GAZETTE - correct answer- The state's
offi cial newspaper in which all Acts, proclamations
and other information that needs to be brought to the public's
notice are
published. The Government Gazette is published by the
Government Printer.
JUDGE - correct answer- A court offi cer who hears and
decides cases in the superior courts.
JUDGEMENT - correct answer- The decision of a judge, a
magistrate or other judicial offi cer in a case.
JURISDICTION - correct answer- A court has two kinds of
jurisdiction: jurisdiction regarding the 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
