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CLA1501 COMMERCIAL LAW 1 QUESTIONS AND
ANSWERS 2026
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
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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.
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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.
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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.
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.
CLA1501 COMMERCIAL LAW 1 QUESTIONS AND
ANSWERS 2026
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
,2|Page
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.
,3|Page
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.
, 4|Page
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.
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.
