CLA1501 COMMERCIAL LAW 1 QUESTIONS AND ANSWERS 2025
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
,CLA1501 COMMERCIAL LAW 1 QUESTIONS AND ANSWERS 2025
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.
DEFENDENT - (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 - (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 - (ANSWER)A court offi cer who hears and decides cases in the superior courts.
JUDGEMENT - (ANSWER)The decision of a judge, a magistrate or other judicial offi cer in a case.
,CLA1501 COMMERCIAL LAW 1 QUESTIONS AND ANSWERS 2025
JURISDICTION - (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
MAGISTRATE - (ANSWER)The court officer who hears and decides cases in the magistrate's court.
Regional magistrates hear matters in regional courts.
MINORITY JUDGMENT - (ANSWER)The judgment of a judge or judges who disagrees/disagree
with the judgment of the majority of judges who hear a case.
NON VARIATION CLAUSE - (ANSWER)A clause that states that no amendment to, or variation of
the contract, will be legally valid or binding unless it is reduced to writing
and signed by all the parties.
OBITER DICTUM - (ANSWER)A remark in passing that was unnecessary for the decision of the case
and is, therefore, not binding in subsequent court cases.
PLANTIFF - (ANSWER)The person bringing an action in a civil case. In certain types of cases,
the plaintiff is called the "applicant".
QUASI - - (ANSWER)A prefix that means "similar to", "resembling"
RATIO DECIDENDI - (ANSWER)The underlying reason for a court's ruling
REGISTRAR - (ANSWER)The official who receives and issues legal documents or pleadings in a
superior court
, CLA1501 COMMERCIAL LAW 1 QUESTIONS AND ANSWERS 2025
STATUE LAW - (ANSWER)The law created by the passing of an Act by Parliament or a provincial
legislature.
SUPREME COURT OF APPEAL - (ANSWER)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 exclusive jurisdiction of the Constitutional Court. Parties
cannot take their cases directly to the Supreme Court of Appeal, because this
court hears only appeals against decisions of the High Court. Consists of the President of the Supreme
Court of Appeal; the Deputy President of the Supreme Court of Appeal and as many judges are
necessary.
ROMAN LAW - (ANSWER)the law code of the ancient Romans, which forms the basis of civil law in many
countries today.
ROMAN-DUTCH LAW - (ANSWER)Roman law was received in the Netherlands and became mixed with
the existing Dutch customary law.
ENGLISH LAW - (ANSWER)
THE ESTABLISHMENT OF A UNION PARLIAMENT - (ANSWER)A uniform system of statue law for the
whole country and the establishment of the appellate division.
SOURCES OF LAW - (ANSWER)Authoritive sources; Persuasive sources.
STATUTE LAW OR LEGISLATION - (ANSWER)The making of law by a competent authority.
BILL OF RIGHTS - (ANSWER)First and second generation rights
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
,CLA1501 COMMERCIAL LAW 1 QUESTIONS AND ANSWERS 2025
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.
DEFENDENT - (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 - (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 - (ANSWER)A court offi cer who hears and decides cases in the superior courts.
JUDGEMENT - (ANSWER)The decision of a judge, a magistrate or other judicial offi cer in a case.
,CLA1501 COMMERCIAL LAW 1 QUESTIONS AND ANSWERS 2025
JURISDICTION - (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
MAGISTRATE - (ANSWER)The court officer who hears and decides cases in the magistrate's court.
Regional magistrates hear matters in regional courts.
MINORITY JUDGMENT - (ANSWER)The judgment of a judge or judges who disagrees/disagree
with the judgment of the majority of judges who hear a case.
NON VARIATION CLAUSE - (ANSWER)A clause that states that no amendment to, or variation of
the contract, will be legally valid or binding unless it is reduced to writing
and signed by all the parties.
OBITER DICTUM - (ANSWER)A remark in passing that was unnecessary for the decision of the case
and is, therefore, not binding in subsequent court cases.
PLANTIFF - (ANSWER)The person bringing an action in a civil case. In certain types of cases,
the plaintiff is called the "applicant".
QUASI - - (ANSWER)A prefix that means "similar to", "resembling"
RATIO DECIDENDI - (ANSWER)The underlying reason for a court's ruling
REGISTRAR - (ANSWER)The official who receives and issues legal documents or pleadings in a
superior court
, CLA1501 COMMERCIAL LAW 1 QUESTIONS AND ANSWERS 2025
STATUE LAW - (ANSWER)The law created by the passing of an Act by Parliament or a provincial
legislature.
SUPREME COURT OF APPEAL - (ANSWER)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 exclusive jurisdiction of the Constitutional Court. Parties
cannot take their cases directly to the Supreme Court of Appeal, because this
court hears only appeals against decisions of the High Court. Consists of the President of the Supreme
Court of Appeal; the Deputy President of the Supreme Court of Appeal and as many judges are
necessary.
ROMAN LAW - (ANSWER)the law code of the ancient Romans, which forms the basis of civil law in many
countries today.
ROMAN-DUTCH LAW - (ANSWER)Roman law was received in the Netherlands and became mixed with
the existing Dutch customary law.
ENGLISH LAW - (ANSWER)
THE ESTABLISHMENT OF A UNION PARLIAMENT - (ANSWER)A uniform system of statue law for the
whole country and the establishment of the appellate division.
SOURCES OF LAW - (ANSWER)Authoritive sources; Persuasive sources.
STATUTE LAW OR LEGISLATION - (ANSWER)The making of law by a competent authority.
BILL OF RIGHTS - (ANSWER)First and second generation rights
