TLI4801 Exam Portfolio Oct/Nov’21
Student name:
Student number:
Module Code: TLI4801
DECLARATION OF AUTHENTICITY AND ACCURACY
I,
Student number:
declare that I am the author of this examination in TLI4801. I further declare that the
entire examination is my own, original, correct work and that where I used other
information and resources, I did so in a responsible manner. I did not plagiarize in
any way, and I have referenced and acknowledged any legal resources that I have
consulted and used to complete this examination. By signing this declaration, I
acknowledge that I am aware of what plagiarism is, and the consequences thereof.
Furthermore, I acknowledge that I am aware of UNISA’s policy on plagiarism and
understand that if there is evidence of plagiarism within this document, UNISA may
take the necessary action.
Date:
Place:
Signature:
, QUESTION 1: CIVIL PRACTICE
1. A client arrives at your office. You notice that she is using crutches and her
right leg is in a cast. She informs you that she has been involved in a motor
collision. Her leg was broken, and she sustained bruises on her face and body
as a result of the accident. Her car has also been damaged. There is a problem
with her insurance. She has no income.
Answer the following questions:
a) What is the aim of exchanging pleasantries with a potential client? (4)
• First, the client must be welcomed at the reception
• Secondly, you must introduce yourself and exchange pleasantries
• Thirdly, the client must be offered a beverage and seat
• Lastly, you should engage in small talk until the conversation can be steered into
the direction of the purpose of the interview.
(b) Discuss the purpose of maintaining a chronological account of facts when
interviewing a client. (6)
You will need to establish the relevant facts that is applicable when identify the
possible problems, as well as the client’s own identification of the problem. You will
already be aware of the legal requirements for different claims from the Road
Accident Fund1 as well as the insurer. You will need to establish the facts to be able
to identify the potential causes of action and if it will be successful based on the
evidence you currently have, or if there will be a need to investigate further. It does
not matter how the relevant facts are established, but some lawyers have a certain
way of doing it.
They will begin by preparing a chronological account of the facts and use relevant
documents to complete these facts. They question the clients in such a way that
they receive as much information as possible to assist them. Maintaining a
chronological account of the facts is important as it puts the matter into perspective.
It makes it easier to remember events in a time sequence and this is how evidence
is also given in Court. By maintaining a chronological account, the whole story gets
told in the order of the events and this prevents facts from being left out as it leads
to completeness and promotes the accuracy of the facts. It also helps to better
understand the events if it flows from one event to another, organising the facts and
therefore results in an overall theory being formed. It is the most efficient way to
organise facts, as the facts and documents would in any event have to be arranged
in chronological order for purposes such as preparing a discovery affidavit or a
witness's statement or affidavit.
[10]
Student name:
Student number:
Module Code: TLI4801
DECLARATION OF AUTHENTICITY AND ACCURACY
I,
Student number:
declare that I am the author of this examination in TLI4801. I further declare that the
entire examination is my own, original, correct work and that where I used other
information and resources, I did so in a responsible manner. I did not plagiarize in
any way, and I have referenced and acknowledged any legal resources that I have
consulted and used to complete this examination. By signing this declaration, I
acknowledge that I am aware of what plagiarism is, and the consequences thereof.
Furthermore, I acknowledge that I am aware of UNISA’s policy on plagiarism and
understand that if there is evidence of plagiarism within this document, UNISA may
take the necessary action.
Date:
Place:
Signature:
, QUESTION 1: CIVIL PRACTICE
1. A client arrives at your office. You notice that she is using crutches and her
right leg is in a cast. She informs you that she has been involved in a motor
collision. Her leg was broken, and she sustained bruises on her face and body
as a result of the accident. Her car has also been damaged. There is a problem
with her insurance. She has no income.
Answer the following questions:
a) What is the aim of exchanging pleasantries with a potential client? (4)
• First, the client must be welcomed at the reception
• Secondly, you must introduce yourself and exchange pleasantries
• Thirdly, the client must be offered a beverage and seat
• Lastly, you should engage in small talk until the conversation can be steered into
the direction of the purpose of the interview.
(b) Discuss the purpose of maintaining a chronological account of facts when
interviewing a client. (6)
You will need to establish the relevant facts that is applicable when identify the
possible problems, as well as the client’s own identification of the problem. You will
already be aware of the legal requirements for different claims from the Road
Accident Fund1 as well as the insurer. You will need to establish the facts to be able
to identify the potential causes of action and if it will be successful based on the
evidence you currently have, or if there will be a need to investigate further. It does
not matter how the relevant facts are established, but some lawyers have a certain
way of doing it.
They will begin by preparing a chronological account of the facts and use relevant
documents to complete these facts. They question the clients in such a way that
they receive as much information as possible to assist them. Maintaining a
chronological account of the facts is important as it puts the matter into perspective.
It makes it easier to remember events in a time sequence and this is how evidence
is also given in Court. By maintaining a chronological account, the whole story gets
told in the order of the events and this prevents facts from being left out as it leads
to completeness and promotes the accuracy of the facts. It also helps to better
understand the events if it flows from one event to another, organising the facts and
therefore results in an overall theory being formed. It is the most efficient way to
organise facts, as the facts and documents would in any event have to be arranged
in chronological order for purposes such as preparing a discovery affidavit or a
witness's statement or affidavit.
[10]
