Techniques in trial and litigation (TLI4801)
Name: Zandile Gumede
Student no. 63626624
Unique no. 794426
Examination (2021)
Due: 11-10-2021
1
, Question 1: Civil Practice
1. (a) The aim of exchanging pleasantries with a potential client is to make them
feel comfortable and at ease especially if they are anxious. It is important that
you don’t a client waiting and you introduce yourself to the client. First
impressions last so it essential that the client knows that they have your
undivided attention.1 Engaging in some small talk, offering the client
something to drink and making sure that they are seated comfortably will
show the client that you care.
(b) Cases are decided on facts;2 therefore it is important for a legal practitioner
to maintain a chronological account of facts when interviewing a client is
because;
The courtroom is given a clear perspective to the matter. When
presenting evidence you have to start from the beginning and
chronologically move through the relevant events in the matter.
Maintaining a chronological account of facts will make it easier for
witnesses to recount the events in sequence.
It promotes accuracy and you can be sure the facts are complete.
Additional theories may become apparent.
Events lead logically to another which makes understanding easier and
the bigger scheme of things becomes clearer.
Facts are organised in an efficient manner which will make preparing a
discovery affidavit or witness’s affidavit easier because such documents
require one to arrange the events relevant to the matter in a
chronological order.
2. (a) This an action for damages under the provisions set out in the Road
Accident Fund Act 56 of 1996. In this action, on the 2 nd of April 2021 Mrs A Smith
was involved in a motor collision with Mr Joe Soap, at the intersection between
Green Street and Long Street. As a result of the collision, Mrs Smith, her husband
and her two children sustained person injuries. Furthermore, her car was also
damaged.
(b) The plaintiff or person filing the suit bears onus of proof in civil cases and that
standard of proof is based on a preponderance of probabilities, also known as a
balance of probabilities.
(c) The cause of action in Mrs Smith’s case is a mixed claim because it is an
action under the Road Accident Fund Act 56 of 1996.
1
CG Marnewick, ‘Litigation Skills for South African Lawyers’ (4 edn, LexisNexis 2019) 5.
2
CG Marnewick, ‘Litigation Skills for South African Lawyers’ (4 edn, LexisNexis 2019) 9.
2
Name: Zandile Gumede
Student no. 63626624
Unique no. 794426
Examination (2021)
Due: 11-10-2021
1
, Question 1: Civil Practice
1. (a) The aim of exchanging pleasantries with a potential client is to make them
feel comfortable and at ease especially if they are anxious. It is important that
you don’t a client waiting and you introduce yourself to the client. First
impressions last so it essential that the client knows that they have your
undivided attention.1 Engaging in some small talk, offering the client
something to drink and making sure that they are seated comfortably will
show the client that you care.
(b) Cases are decided on facts;2 therefore it is important for a legal practitioner
to maintain a chronological account of facts when interviewing a client is
because;
The courtroom is given a clear perspective to the matter. When
presenting evidence you have to start from the beginning and
chronologically move through the relevant events in the matter.
Maintaining a chronological account of facts will make it easier for
witnesses to recount the events in sequence.
It promotes accuracy and you can be sure the facts are complete.
Additional theories may become apparent.
Events lead logically to another which makes understanding easier and
the bigger scheme of things becomes clearer.
Facts are organised in an efficient manner which will make preparing a
discovery affidavit or witness’s affidavit easier because such documents
require one to arrange the events relevant to the matter in a
chronological order.
2. (a) This an action for damages under the provisions set out in the Road
Accident Fund Act 56 of 1996. In this action, on the 2 nd of April 2021 Mrs A Smith
was involved in a motor collision with Mr Joe Soap, at the intersection between
Green Street and Long Street. As a result of the collision, Mrs Smith, her husband
and her two children sustained person injuries. Furthermore, her car was also
damaged.
(b) The plaintiff or person filing the suit bears onus of proof in civil cases and that
standard of proof is based on a preponderance of probabilities, also known as a
balance of probabilities.
(c) The cause of action in Mrs Smith’s case is a mixed claim because it is an
action under the Road Accident Fund Act 56 of 1996.
1
CG Marnewick, ‘Litigation Skills for South African Lawyers’ (4 edn, LexisNexis 2019) 5.
2
CG Marnewick, ‘Litigation Skills for South African Lawyers’ (4 edn, LexisNexis 2019) 9.
2
