CIV3701 EXAM PACK 2026 STUDY GUIDE
WITH FULL ANSWERS || 100%
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PART A: MAGISTRATES' COURTS
1. What is the primary legislation governing procedure in the
Magistrates' Courts?
A) The Supreme Court Act
B) The Magistrates' Courts Act 32 of 1944
C) The Constitution of the Republic of South Africa
D) The High Court Rule
2. What is the general monetary jurisdiction of a District
Magistrates' Court in 2024?
A) R200,000
B) R500,000
C) R1,000,000
D) Unlimited
3. In terms of jurisdiction ratione materiae, a Magistrates' Court
cannot hear matters involving...
A) A claim for damages from a motor vehicle accident.
B) A divorce where a proprietary contract is involved.
C) The validity of a will.
D) A claim for outstanding rent.
4. A summons in a Magistrates' Court must be served by...
A) The plaintiff's attorney.
B) The sheriff of the court.
,C) Any independent adult.
D) The clerk of the court.
5. What is the purpose of a Notice of Intention to Defend?
A) To immediately settle the case.
B) To inform the court and the plaintiff that the defendant intends to
oppose the action.
C) To file a counterclaim.
D) To request a default judgment.
6. If a defendant fails to enter a Notice of Intention to Defend, the
plaintiff may...
A) Apply for a postponement.
B) Apply for default judgment.
C) Immediately close its case.
D) File a plea.
7. A plea must...
A) Admit or deny every allegation in the particulars of claim.
B) Only deny the most important allegations.
C) Be a lengthy narrative.
D) Be served on the registrar only.
8. What is a "counterclaim"?
A) A claim by the plaintiff against the defendant.
B) A claim by the defendant against the plaintiff.
C) A claim by a third party against the defendant.
D) A claim for costs only.
9. The purpose of a request for further particulars is to...
A) Harass the opposing party.
B) Seek clarity and details to plead properly or prepare for trial.
, C) Delay the proceedings indefinitely.
D) Serve as a substitute for discovery.
10. In which document would you typically find a "Set Down"
notice?
A) In the summons.
B) In the plea.
C) Once a matter is ready for trial, a notice is served to place it on the
trial roll.
D) In the default judgment application.
11. The main method of securing the attendance of a witness at trial
is a...
A) Polite letter.
B) Subpoena.
C) Summons.
D) Notice to call a witness.
12. What is the consequence of a party failing to appear at trial?
A) The matter is automatically settled.
B) The court may grant a judgment by default or dismiss the claim.
C) The trial is postponed indefinitely.
D) The sheriff is sent to find the party.
13. A "mandatory offer" in terms of Rule 34 of the Magistrates'
Courts Rules is made...
A) By the plaintiff only.
B) By the defendant only.
C) By either party, and has specific cost consequences if rejected.
D) Only after judgment is granted.
14. Taxation of costs is the process of...
A) Calculating the damages owed.
WITH FULL ANSWERS || 100%
GUARANTEED PASS <RECENT VERSION>
PART A: MAGISTRATES' COURTS
1. What is the primary legislation governing procedure in the
Magistrates' Courts?
A) The Supreme Court Act
B) The Magistrates' Courts Act 32 of 1944
C) The Constitution of the Republic of South Africa
D) The High Court Rule
2. What is the general monetary jurisdiction of a District
Magistrates' Court in 2024?
A) R200,000
B) R500,000
C) R1,000,000
D) Unlimited
3. In terms of jurisdiction ratione materiae, a Magistrates' Court
cannot hear matters involving...
A) A claim for damages from a motor vehicle accident.
B) A divorce where a proprietary contract is involved.
C) The validity of a will.
D) A claim for outstanding rent.
4. A summons in a Magistrates' Court must be served by...
A) The plaintiff's attorney.
B) The sheriff of the court.
,C) Any independent adult.
D) The clerk of the court.
5. What is the purpose of a Notice of Intention to Defend?
A) To immediately settle the case.
B) To inform the court and the plaintiff that the defendant intends to
oppose the action.
C) To file a counterclaim.
D) To request a default judgment.
6. If a defendant fails to enter a Notice of Intention to Defend, the
plaintiff may...
A) Apply for a postponement.
B) Apply for default judgment.
C) Immediately close its case.
D) File a plea.
7. A plea must...
A) Admit or deny every allegation in the particulars of claim.
B) Only deny the most important allegations.
C) Be a lengthy narrative.
D) Be served on the registrar only.
8. What is a "counterclaim"?
A) A claim by the plaintiff against the defendant.
B) A claim by the defendant against the plaintiff.
C) A claim by a third party against the defendant.
D) A claim for costs only.
9. The purpose of a request for further particulars is to...
A) Harass the opposing party.
B) Seek clarity and details to plead properly or prepare for trial.
, C) Delay the proceedings indefinitely.
D) Serve as a substitute for discovery.
10. In which document would you typically find a "Set Down"
notice?
A) In the summons.
B) In the plea.
C) Once a matter is ready for trial, a notice is served to place it on the
trial roll.
D) In the default judgment application.
11. The main method of securing the attendance of a witness at trial
is a...
A) Polite letter.
B) Subpoena.
C) Summons.
D) Notice to call a witness.
12. What is the consequence of a party failing to appear at trial?
A) The matter is automatically settled.
B) The court may grant a judgment by default or dismiss the claim.
C) The trial is postponed indefinitely.
D) The sheriff is sent to find the party.
13. A "mandatory offer" in terms of Rule 34 of the Magistrates'
Courts Rules is made...
A) By the plaintiff only.
B) By the defendant only.
C) By either party, and has specific cost consequences if rejected.
D) Only after judgment is granted.
14. Taxation of costs is the process of...
A) Calculating the damages owed.
