TEST, questions WITH
ANSWERS
Civil Procedure (University of
the Free State)
, 1
TEST REVISION QUESTIONS LCVP4814
Complete: “Civil Procedure is part of.. …?[1]
Civil Law
What is the equivalent in a civil case to guilt in a criminal case?[1]
Whether the defendant or respondent is liable for the applicant or plaintiff’s claim.
3. Name 2 matters over which the CC has exclusive jurisdiction[2] (Section 167)
a. Can decide disputes between organs of state in the national or provincial sphere
concerning the constitutional status, powers or functions of any of those organs of
state.
b. Decide on the constitutionality of any amendment to the constitution
c. Decide that parliament or the President has failed to fulfill a constitutional obligation
d. Certify Provincial constitution in terms of Section 144.
4. Name 5 themes in Civil Procedure over which the Constitution has had an influence [5]
a. Coetzee v Government of Republic of South Africa – Debt collection procedures.
Civil debtor can no longer be imprisoned for failing to pay debts
b. University of Stellenbosch Law Clinic v Minister of Justice and Correctional Services –
Debt collection procedures – Declared that emolument attachment orders must not be
authorized by the court and the court must be satisfied that it is just and equitable to do
so.
c. Litigation involving organs of state – Notice and prescription periods for claims against
the state have been extended drastically
d. Section 38 of the Constitution also changed access to the courts. Direct and
substantial interest no longer requirement – broadened.
e. Bid Industrial Holdings v Strang and another – Constitution abolished peregrini arrests.
5. Complete: A cause of action in a civil case must set out …. …… to (a)….. and (b)…..[5]
a. A cause of action in a civil case must be set out in such a way tha tis alleges all the
material facts in order to : (a) constitute a lawful case of action and (b) provides the
material facts to enable the other party to ANSWER(should he wish to) to, these
allegations
6. Give an example each of patrimonial damage and general damage[2] (Pg 26 +27)
a. Patrimonial damage – Damage to plaintiffs car – where the damage can be quantified
in monetary terms
b. General Damage – Pain and suffering or disfigurement – The court must quantify
the damages.
7. What is the relief called where the plaintiff wants to enforce a contract?[1] (pg28)
a. Specific Performance
8. Give an example of a specific performance claim. [1]
a. Where the Plaintiff demands from the defendant the outstanding money owed for
the contractual purchase of a vehicle.
9. Give an example of a claim called cancellation and restitution.[1]
a. Plaintiff cancels her contract for the sale of a bakkie and try to get the bakkie back.
10. In a case like in 8, the seller (plaintiff) may also claim what?, if present.[1]
a. Damages
11. Complete: “A liquid document refers to a liquid …..” [1] (Pg33)
a. It’s a document that refers to a liquid sum
12. Standing is determined by the answer to two questions. Which are they? [2]
ANSWERS
Civil Procedure (University of
the Free State)
, 1
TEST REVISION QUESTIONS LCVP4814
Complete: “Civil Procedure is part of.. …?[1]
Civil Law
What is the equivalent in a civil case to guilt in a criminal case?[1]
Whether the defendant or respondent is liable for the applicant or plaintiff’s claim.
3. Name 2 matters over which the CC has exclusive jurisdiction[2] (Section 167)
a. Can decide disputes between organs of state in the national or provincial sphere
concerning the constitutional status, powers or functions of any of those organs of
state.
b. Decide on the constitutionality of any amendment to the constitution
c. Decide that parliament or the President has failed to fulfill a constitutional obligation
d. Certify Provincial constitution in terms of Section 144.
4. Name 5 themes in Civil Procedure over which the Constitution has had an influence [5]
a. Coetzee v Government of Republic of South Africa – Debt collection procedures.
Civil debtor can no longer be imprisoned for failing to pay debts
b. University of Stellenbosch Law Clinic v Minister of Justice and Correctional Services –
Debt collection procedures – Declared that emolument attachment orders must not be
authorized by the court and the court must be satisfied that it is just and equitable to do
so.
c. Litigation involving organs of state – Notice and prescription periods for claims against
the state have been extended drastically
d. Section 38 of the Constitution also changed access to the courts. Direct and
substantial interest no longer requirement – broadened.
e. Bid Industrial Holdings v Strang and another – Constitution abolished peregrini arrests.
5. Complete: A cause of action in a civil case must set out …. …… to (a)….. and (b)…..[5]
a. A cause of action in a civil case must be set out in such a way tha tis alleges all the
material facts in order to : (a) constitute a lawful case of action and (b) provides the
material facts to enable the other party to ANSWER(should he wish to) to, these
allegations
6. Give an example each of patrimonial damage and general damage[2] (Pg 26 +27)
a. Patrimonial damage – Damage to plaintiffs car – where the damage can be quantified
in monetary terms
b. General Damage – Pain and suffering or disfigurement – The court must quantify
the damages.
7. What is the relief called where the plaintiff wants to enforce a contract?[1] (pg28)
a. Specific Performance
8. Give an example of a specific performance claim. [1]
a. Where the Plaintiff demands from the defendant the outstanding money owed for
the contractual purchase of a vehicle.
9. Give an example of a claim called cancellation and restitution.[1]
a. Plaintiff cancels her contract for the sale of a bakkie and try to get the bakkie back.
10. In a case like in 8, the seller (plaintiff) may also claim what?, if present.[1]
a. Damages
11. Complete: “A liquid document refers to a liquid …..” [1] (Pg33)
a. It’s a document that refers to a liquid sum
12. Standing is determined by the answer to two questions. Which are they? [2]
