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CIV3701 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 9 April
2026
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
CIV3701 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 9 April
2026
Save 30 minutes reading time
CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 9 April
2026; 100% TRUSTED Complete, trusted solutions and explanations. Ensure
your success with us.
Indicate the most accurate statement: a. Traditional dispute resolution
processes are grouped together under the ADR system of dispute resolution
because of their shared characteristics. b. When we refer to the reform of
civil procedural law, we are in fact referring to the need to effect certain
proposed cosmetic changes. c. Mediation is an Alternative Dispute
Resolution ADR process, and the mediator, like a judicial officer, adjudicates
disputes, but in an informal setting. d. 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. Indicate the most accurate statement: a. Small
claims courts have inferior status because the amount of the claim is so low.
b. The principle of party presentation applies in the small claims court
because the commissioner plays an active role in assisting the litigants to
present their case during the trial. c. In small claims courts a party is entitled
to cross examine his or her opponent. d. A small claims court may entertain
an action for the delivery of movable property not exceeding R20 000.
Indicate the most accurate statement: a. A rule nisi applies only to ex parte
applications. b. An affidavit in application proceedings may, as a rule, not
contain hearsay evidence, and if it does, it may not on application be
amended. c. An interlocutory application is brought by way of a notice. d. All
types of application must be served by the sheriff. Indicate the most
accurate statement: a. A court may exercise divorce jurisdiction only if both
or either of the parties are or is domiciled in the Republic on the date on
which the action is instituted. b. A court may exercise divorce jurisdiction
only if both or either of the parties are or is resident in its area of jurisdiction
on the date on which the action is instituted and have been ordinarily
resident in the Republic for a period of not less than one year immediately
prior to the institution of the action. c. A court may exercise divorce
jurisdiction if both or either of the parties are or is ordinarily resident in its
area of jurisdiction on the date on which the action is instituted and have
been ordinarily resident in the Republic for a period of not less than one year
, immediately prior to the institution of the action. d. A court may exercise
divorce jurisdiction if both or either of the parties are or is domiciled in the
Republic on the date on which the action is instituted and are or is resident
in its area of jurisdiction on the date on which the action is instituted and
have been ordinarily resident in the Republic for a period of less than one
year immediately prior to the institution of the marriage. Indicate the most
accurate statement: a. A defendant may consent to judgment for a smaller
amount than claimed in the summons, but he or she may then defend the
action in respect of the balance of the claim. b. The discovery of documents
in the magistrates courts is important because it allows a litigant to set down
his or her case for trial. c. A party may request further particulars for
purposes of pleading in the magistrates courts in terms of rule 16 of the
Magistrates Courts Rules. d. In terms of rule 21A of the Magistrates Courts
Rules, the court only may declare pleadings closed, and parties may not
agree that pleadings have closed. D who lives in Gauteng wishes to divorce
her husband F. F lives in a caravan and drifts around the KwaZulu Natal
south coast where he works as a handyman doing repairs to holiday homes.
D does not know his exact whereabouts. The summons must be served on F
by way of: Substituted service. Normal service. Edictal citation. A
combination of substituted service and edictal citation. Indicate the most
accurate statement: The South African High Courts are creatures of statute
because they are subject to the provisions of the Superior Courts Act 2013.
Since the rules exist for the courts a court may condone a litigant non
compliance with its rules. The Uniform Rules of Court are a common set of
rules that uniformly regulate the conduct of proceedings in the magistrates
courts. The Minister of Justice and the Rules Board may make rules relating
to the manner in which the Constitutional Court may be engaged. Indicate
the most accurate statement with regards to Constitutional Court
jurisdiction: The decisions on whether the President has failed to comply with
a constitutional duty may be adjudicated by the Constitutional Court. The
Constitutional Court may not confirm a decision regarding the
constitutionality of any legislation of the High Court before such legislation
can acquire force. The Constitutional Court may never be approached
directly. The Constitutional Court has concurrent jurisdiction with the
Supreme Court of Appeal Court. Indicate the most accurate statement: The
district magistrates courts can adjudicate on divorce matters according to
the jurisdiction of the Regional Magistrates Courts Amendment Act. A court
may exercise divorce jurisdiction only if the wife is resident in the
jurisdictional area of the same court where the husband is resident. Section
28 1A of the Magistrates Courts Act provides the regional magistrates courts
with divorce jurisdiction. A court may exercise divorce jurisdiction only if the
wife is domiciled in the court area of jurisdiction at the time of the institution
of the action. Indicate the most accurate statement: On the basis of the
ground ratione domicilii a High Court may not exercise jurisdiction unless the
defendant is physically present within its area of jurisdiction. The Roman law
rule actor sequitur forum rei means that the plaintiff must institute action
CIV3701 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 9 April
2026
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
CIV3701 Assignment 2 (COMPLETE
ANSWERS) Semester 1 2026 - DUE 9 April
2026
Save 30 minutes reading time
CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 1 2026 - DUE 9 April
2026; 100% TRUSTED Complete, trusted solutions and explanations. Ensure
your success with us.
Indicate the most accurate statement: a. Traditional dispute resolution
processes are grouped together under the ADR system of dispute resolution
because of their shared characteristics. b. When we refer to the reform of
civil procedural law, we are in fact referring to the need to effect certain
proposed cosmetic changes. c. Mediation is an Alternative Dispute
Resolution ADR process, and the mediator, like a judicial officer, adjudicates
disputes, but in an informal setting. d. 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. Indicate the most accurate statement: a. Small
claims courts have inferior status because the amount of the claim is so low.
b. The principle of party presentation applies in the small claims court
because the commissioner plays an active role in assisting the litigants to
present their case during the trial. c. In small claims courts a party is entitled
to cross examine his or her opponent. d. A small claims court may entertain
an action for the delivery of movable property not exceeding R20 000.
Indicate the most accurate statement: a. A rule nisi applies only to ex parte
applications. b. An affidavit in application proceedings may, as a rule, not
contain hearsay evidence, and if it does, it may not on application be
amended. c. An interlocutory application is brought by way of a notice. d. All
types of application must be served by the sheriff. Indicate the most
accurate statement: a. A court may exercise divorce jurisdiction only if both
or either of the parties are or is domiciled in the Republic on the date on
which the action is instituted. b. A court may exercise divorce jurisdiction
only if both or either of the parties are or is resident in its area of jurisdiction
on the date on which the action is instituted and have been ordinarily
resident in the Republic for a period of not less than one year immediately
prior to the institution of the action. c. A court may exercise divorce
jurisdiction if both or either of the parties are or is ordinarily resident in its
area of jurisdiction on the date on which the action is instituted and have
been ordinarily resident in the Republic for a period of not less than one year
, immediately prior to the institution of the action. d. A court may exercise
divorce jurisdiction if both or either of the parties are or is domiciled in the
Republic on the date on which the action is instituted and are or is resident
in its area of jurisdiction on the date on which the action is instituted and
have been ordinarily resident in the Republic for a period of less than one
year immediately prior to the institution of the marriage. Indicate the most
accurate statement: a. A defendant may consent to judgment for a smaller
amount than claimed in the summons, but he or she may then defend the
action in respect of the balance of the claim. b. The discovery of documents
in the magistrates courts is important because it allows a litigant to set down
his or her case for trial. c. A party may request further particulars for
purposes of pleading in the magistrates courts in terms of rule 16 of the
Magistrates Courts Rules. d. In terms of rule 21A of the Magistrates Courts
Rules, the court only may declare pleadings closed, and parties may not
agree that pleadings have closed. D who lives in Gauteng wishes to divorce
her husband F. F lives in a caravan and drifts around the KwaZulu Natal
south coast where he works as a handyman doing repairs to holiday homes.
D does not know his exact whereabouts. The summons must be served on F
by way of: Substituted service. Normal service. Edictal citation. A
combination of substituted service and edictal citation. Indicate the most
accurate statement: The South African High Courts are creatures of statute
because they are subject to the provisions of the Superior Courts Act 2013.
Since the rules exist for the courts a court may condone a litigant non
compliance with its rules. The Uniform Rules of Court are a common set of
rules that uniformly regulate the conduct of proceedings in the magistrates
courts. The Minister of Justice and the Rules Board may make rules relating
to the manner in which the Constitutional Court may be engaged. Indicate
the most accurate statement with regards to Constitutional Court
jurisdiction: The decisions on whether the President has failed to comply with
a constitutional duty may be adjudicated by the Constitutional Court. The
Constitutional Court may not confirm a decision regarding the
constitutionality of any legislation of the High Court before such legislation
can acquire force. The Constitutional Court may never be approached
directly. The Constitutional Court has concurrent jurisdiction with the
Supreme Court of Appeal Court. Indicate the most accurate statement: The
district magistrates courts can adjudicate on divorce matters according to
the jurisdiction of the Regional Magistrates Courts Amendment Act. A court
may exercise divorce jurisdiction only if the wife is resident in the
jurisdictional area of the same court where the husband is resident. Section
28 1A of the Magistrates Courts Act provides the regional magistrates courts
with divorce jurisdiction. A court may exercise divorce jurisdiction only if the
wife is domiciled in the court area of jurisdiction at the time of the institution
of the action. Indicate the most accurate statement: On the basis of the
ground ratione domicilii a High Court may not exercise jurisdiction unless the
defendant is physically present within its area of jurisdiction. The Roman law
rule actor sequitur forum rei means that the plaintiff must institute action
