CIV3701
EXAM PACK
,CIV3701 MAY/JUNE EXAM 24
QUESTION 1
Indicate the most accurate statement:
a. An action for divorce or damages constitutes a claim for a debt or a liquidated
demand.
b. When a combined summons is used, factual disputes do not require oral evidence.
c. The nature of the claim determines whether a simple or combined summons must be
used.
d. A declaration may be used with a combined summons since both form a unit.
✅ Correct answer: c
QUESTION 2
Indicate the most accurate statement:
a. A claim for delivery of movable property may never be instituted in the magistrates’
court.
b. Magistrates’ courts may grant prohibitory interdicts only if based on contractual
obligations.
c. The magistrates’ court of Pretoria has jurisdiction if the contract was concluded there,
even if breached elsewhere.
d. Separate claims may be combined even if their total exceeds the court’s jurisdiction.
✅ Correct answer: c
,QUESTION 3
Indicate the most accurate statement:
a. Inherent jurisdiction is derived from statute.
b. South African civil procedure is inquisitorial.
c. Courts exercise jurisdiction only if full compliance is ensured.
d. Courts exercise jurisdiction if compliance with the judgment can reasonably be
expected.
✅ Correct answer: d
QUESTION 4
Indicate the most accurate statement:
a. Appeals and reviews must always occur within a reasonable time.
b. A judge whose decision is appealed may sit on the appeal bench.
c. Execution is suspended once an appeal is noted unless authorised by court.
d. The Supreme Court of Appeal hears appeals from the Competition Court.
✅ Correct answer: c
QUESTION 5
Indicate the most accurate statement:
a. Juristic persons may litigate in the Small Claims Court if represented by directors.
b. Matters excluded from Small Claims Courts are identical to those excluded from
magistrates’ courts.
, c. Small Claims Courts aim to increase access to justice.
d. Claims above R15 000 may be heard with written consent.
✅ Correct answer: c
QUESTION 6
Indicate the most accurate statement:
a. Application proceedings use pleadings and processes.
b. An interlocutory application is brought by notice.
c. A notice of intention to defend is delivered in application proceedings.
d. An ex parte application compels discovery under Rule 35(7).
✅ Correct answer: b
QUESTION 7
Indicate the most accurate statement:
a. Service at a workplace never constitutes valid service.
b. The main aim of a pre-trial conference is settlement.
c. Disputes about service can be resolved by referring to the sheriff’s return.
d. Only facts and not law may be pleaded.
✅ Correct answer: c
QUESTION 8
EXAM PACK
,CIV3701 MAY/JUNE EXAM 24
QUESTION 1
Indicate the most accurate statement:
a. An action for divorce or damages constitutes a claim for a debt or a liquidated
demand.
b. When a combined summons is used, factual disputes do not require oral evidence.
c. The nature of the claim determines whether a simple or combined summons must be
used.
d. A declaration may be used with a combined summons since both form a unit.
✅ Correct answer: c
QUESTION 2
Indicate the most accurate statement:
a. A claim for delivery of movable property may never be instituted in the magistrates’
court.
b. Magistrates’ courts may grant prohibitory interdicts only if based on contractual
obligations.
c. The magistrates’ court of Pretoria has jurisdiction if the contract was concluded there,
even if breached elsewhere.
d. Separate claims may be combined even if their total exceeds the court’s jurisdiction.
✅ Correct answer: c
,QUESTION 3
Indicate the most accurate statement:
a. Inherent jurisdiction is derived from statute.
b. South African civil procedure is inquisitorial.
c. Courts exercise jurisdiction only if full compliance is ensured.
d. Courts exercise jurisdiction if compliance with the judgment can reasonably be
expected.
✅ Correct answer: d
QUESTION 4
Indicate the most accurate statement:
a. Appeals and reviews must always occur within a reasonable time.
b. A judge whose decision is appealed may sit on the appeal bench.
c. Execution is suspended once an appeal is noted unless authorised by court.
d. The Supreme Court of Appeal hears appeals from the Competition Court.
✅ Correct answer: c
QUESTION 5
Indicate the most accurate statement:
a. Juristic persons may litigate in the Small Claims Court if represented by directors.
b. Matters excluded from Small Claims Courts are identical to those excluded from
magistrates’ courts.
, c. Small Claims Courts aim to increase access to justice.
d. Claims above R15 000 may be heard with written consent.
✅ Correct answer: c
QUESTION 6
Indicate the most accurate statement:
a. Application proceedings use pleadings and processes.
b. An interlocutory application is brought by notice.
c. A notice of intention to defend is delivered in application proceedings.
d. An ex parte application compels discovery under Rule 35(7).
✅ Correct answer: b
QUESTION 7
Indicate the most accurate statement:
a. Service at a workplace never constitutes valid service.
b. The main aim of a pre-trial conference is settlement.
c. Disputes about service can be resolved by referring to the sheriff’s return.
d. Only facts and not law may be pleaded.
✅ Correct answer: c
QUESTION 8
