Civil litigation Study guides, Class notes & Summaries

INTRODUCTORY STUDIES QUESTION 1 Indicate the most accurate statement: (1) When a claim for damages is instituted, the plaintiff must prove the guilt of the defendant. (2) In civil proceedings, the parties comprise the complainant and the defendant. In civil proceedings, judgment will be granted in favour of the plaintiff if the defence raised by the defendant is less probable than the claim proved by the plaintiff. (4) As in the case of a superior court, a magistrates’ court has d...

LEV Notes Law of Evidence (University of South Africa) lOMoARcPSD| WITNESSES 2 aspects of oral evidence: 1. COMPETENCE OF WITNESS TO TESTIFY Whether person has mental capacity to testify – if not, they are not competent to testify & court cannot hear their evidence under any circumstances Note the diff btw admissibility and competence: - Admissibility = evidence of a person who is already a competent witness - Competence = focuses on the person Parties cannot consent to admission o...

Hocklys Insolvency Law 9th E Page v Preface This ninth edition of Hockly’s Insolvency Law follows the expanded format of the previous three editions, and its basic purpose remains the same: to provide a concise, yet fairly detailed, account of the law of insolvency, winding-up, and business rescue proceedings (which have replaced judicial management). The book aims at a wide readership. For the subject specialist, it offers an update of recent developments in the law relating to insolv...

LAW OF CONTRACT NOTES: Contract as an agreement intended to create enforceable obligations A contract is an agreement between two or more parties. The extra ingredient that distinguishes contracts from non-binding agreements is a serious intention to create legally enforceable obligations (animus contrahendi). The absence of an animus contrahendi explains why ‘gentlemen’s agreements’ are not enforceable as contracts. Legally binding agreements that are not contracts: The ...

MAY/JUNE 2019 QUESTIONS 1. A and B are married They have a daughter, Mary B also has a son, Quintin, from a previous marriage Marry and Quintin are related to each other as follows [1] They are collateral blood relatives [2] They are blood relatives in the direct line [3] They are relatives by affinity in the direct line [4] They are relatives by affinity in the collateral line 2. Which one of the following is a common requirement for the spouses' reciprocal duty of support and the cap...

CIV3701 Civil Procedure ASSIGMENT MEMO QUESTION 1 X and Y are involved in a car accident. X alleges that the accident was solely caused by the negligence of Y. X has suffered bodily injuries in the amount of R50 000 and damages to the car in the amount of R100 000. With the above facts, choose the most appropriate statement: (1) X can institute a civil claim against Y for damages suffered. (2) When instituting the claim for damages, X is regarded as the plaintiff and Y is regarded ...

PORTFOLIO EXAM: MAY/JUNE 2022 TECHNIQUES IN TRIAL AND LITIGATION (TLI4801). QUESTION 1: CIVIL PRACTICE 1.(a) Blackblue (Pty) Ltd can institute simple summons, in accordance with the High Court Rule 2(b). This will be liquidated claim made in a simple summons, in terms of the requirements of rule 17(1) must notify the defendant about 10 days limit to deliver notice of intention to defend.1 Blackblue (Pty) Ltd will use Form 9 of the First Schedule to the rules. The simple summons will c...

ivil Proc Notes General introduction: What is the Law of Civil Procedure?  Civil procedure forms part of the formal adjectival law of South Africa, that regulates civil litigation and the enforcement of substantive rights  It is a mechanism used to enforce the rights that are derived from the substantive private law. Differences between Civil Procedure and Criminal Procedure: Basis Civil (Private) Criminal (Public) PARTIES Application: Applicant and Respondent (brings applicatio...

TLI4801 Portfolio Final Portfolio Semester 1 2020 TECHNIQUES IN TRIAL AND LITIGATION CIVIL PRACTICE QUESTION 01 a) To initiate Timberson's application a simple summons will be issued. According to Rule 2(b), a simple summons may only be used for those cases in which the offended party's case is for a liquidated demand or debt, as such, where the case is for a fixed, specific, or determined sum or property. A claim for a predestined amount of money owed for example a claim at the pu...