lOMoAR cPSD| 13665258
Downloaded by thabo maqaa ()
, lOMoAR cPSD| 13665258
CIV3701 EXAM PACK 22026/2027 QUESTIONS ANS
ANSWERS
QUESTION 1
Indicate the most accurate statement:
(1) When a claim for damages is instituted, the plaintiff must
prove the guilt of the defendant.
(2) In civil proceedings, the parties comprise the complainant
and the defendant.
(3) In civil proceedings, judgment will be granted in favour of
the plaintiff if the defence raised by the defendant is less
probable than the claim proved by the plaintiff.
(4) As in the case of a superior court, a magistrates’ court has
discretion regarding its own procedure. (2)
QUESTION 2
Peter and Don are involved in a motor collision due to Don
driving through a red traffic light under the influence of
Downloaded by thabo maqaa ()
, lOMoAR cPSD| 13665258
alcohol. Peter sustains damages to his car, as well as personal
injuries. Peter alleges that his damages are due solely to Don’s
negligence.
Indicate the most accurate statement:
(1) Peter is compelled by the state to institute civil proceedings
against Don.
(2) Peter is compelled to lay criminal charges against Don.
(3) In the civil proceedings between Peter and Don the court
may not interfere in the manner in which they conduct the
proceedings.
(4) If Don is acquitted in the criminal proceedings, this means
that Peter has a minimal chance of success if he later
institutes civil proceedings. (2)
QUESTION 3
Indicate the most accurate statement:
(1) Traditional dispute resolution processes are grouped
together under the ADR system of dispute resolution because
of their shared characteristics.
Downloaded by thabo maqaa ()
, lOMoAR cPSD| 13665258
(2) When we refer to the reform of civil procedural law, we
are in fact referring to the need to effect certain proposed
cosmetic changes.
(3) Mediation is an Alternative Dispute Resolution (ADR)
process, and the mediator, like a judicial officer, adjudicates
disputes, but in an informal setting.
(4) Court-annexed mediation has increased access to justice
by allowing a magistrate or a judge to suspend a matter
brought before him or her if the matter is deemed suitable for
mediation, and to proceed to mediate the matter in an attempt
to help the parties reach a settlement QUESTION 4
Indicate the most accurate statement:
(1) The South African Superior Courts are creatures of statute
because they are subject to the provisions of the Superior
Courts Act, 2013.
(2) Small Claims Courts have an inferior status because they
are not courts of record.
Downloaded by thabo maqaa ()
Downloaded by thabo maqaa ()
, lOMoAR cPSD| 13665258
CIV3701 EXAM PACK 22026/2027 QUESTIONS ANS
ANSWERS
QUESTION 1
Indicate the most accurate statement:
(1) When a claim for damages is instituted, the plaintiff must
prove the guilt of the defendant.
(2) In civil proceedings, the parties comprise the complainant
and the defendant.
(3) In civil proceedings, judgment will be granted in favour of
the plaintiff if the defence raised by the defendant is less
probable than the claim proved by the plaintiff.
(4) As in the case of a superior court, a magistrates’ court has
discretion regarding its own procedure. (2)
QUESTION 2
Peter and Don are involved in a motor collision due to Don
driving through a red traffic light under the influence of
Downloaded by thabo maqaa ()
, lOMoAR cPSD| 13665258
alcohol. Peter sustains damages to his car, as well as personal
injuries. Peter alleges that his damages are due solely to Don’s
negligence.
Indicate the most accurate statement:
(1) Peter is compelled by the state to institute civil proceedings
against Don.
(2) Peter is compelled to lay criminal charges against Don.
(3) In the civil proceedings between Peter and Don the court
may not interfere in the manner in which they conduct the
proceedings.
(4) If Don is acquitted in the criminal proceedings, this means
that Peter has a minimal chance of success if he later
institutes civil proceedings. (2)
QUESTION 3
Indicate the most accurate statement:
(1) Traditional dispute resolution processes are grouped
together under the ADR system of dispute resolution because
of their shared characteristics.
Downloaded by thabo maqaa ()
, lOMoAR cPSD| 13665258
(2) When we refer to the reform of civil procedural law, we
are in fact referring to the need to effect certain proposed
cosmetic changes.
(3) Mediation is an Alternative Dispute Resolution (ADR)
process, and the mediator, like a judicial officer, adjudicates
disputes, but in an informal setting.
(4) Court-annexed mediation has increased access to justice
by allowing a magistrate or a judge to suspend a matter
brought before him or her if the matter is deemed suitable for
mediation, and to proceed to mediate the matter in an attempt
to help the parties reach a settlement QUESTION 4
Indicate the most accurate statement:
(1) The South African Superior Courts are creatures of statute
because they are subject to the provisions of the Superior
Courts Act, 2013.
(2) Small Claims Courts have an inferior status because they
are not courts of record.
Downloaded by thabo maqaa ()
