, CIV3701 Assignment 1 Semester 1 2026 - DUE 26 March 2026
QUESTION 1
(a) Distinction between local peregrinus and foreign peregrinus (2
marks)
A local peregrinus is a person who lives within the country but outside
the jurisdiction of a particular court. This means the person resides in
another province or district but still within the same country.
A foreign peregrinus is a person who resides outside the country and
therefore falls outside the jurisdiction of the country’s courts.
(b) Difference between process and pleadings (4 marks)
Process refers to the formal legal documents issued by the court to
begin or continue legal proceedings. These documents notify the other
party about the legal action and may require them to appear in court or
respond. Examples include a summons, notice of motion, or subpoena.
Pleadings, on the other hand, are the written statements filed by the
parties in a case, setting out their claims, defences, and the facts they
rely on. Pleadings help define the issues that the court must decide.
Examples include a declaration, plea, replication, or counterclaim.
In summary:
Process initiates or facilitates legal proceedings, while pleadings set
out the arguments and facts of the parties involved in the case.
QUESTION 1
(a) Distinction between local peregrinus and foreign peregrinus (2
marks)
A local peregrinus is a person who lives within the country but outside
the jurisdiction of a particular court. This means the person resides in
another province or district but still within the same country.
A foreign peregrinus is a person who resides outside the country and
therefore falls outside the jurisdiction of the country’s courts.
(b) Difference between process and pleadings (4 marks)
Process refers to the formal legal documents issued by the court to
begin or continue legal proceedings. These documents notify the other
party about the legal action and may require them to appear in court or
respond. Examples include a summons, notice of motion, or subpoena.
Pleadings, on the other hand, are the written statements filed by the
parties in a case, setting out their claims, defences, and the facts they
rely on. Pleadings help define the issues that the court must decide.
Examples include a declaration, plea, replication, or counterclaim.
In summary:
Process initiates or facilitates legal proceedings, while pleadings set
out the arguments and facts of the parties involved in the case.
