CIV3701 CIVIL PROCEDURE — COMPLETE CHEAT SHEET TUTOR GUIDE Page 1
CIV3701
Civil Procedure
THE COMPLETE CHEAT SHEET TUTOR GUIDE
All 28 Study Units · Every Term · Every Case · Every Doctrine · Examples + Simple English
Explanations
Based on: Pete, Hulme, Du Plessis, Palmer et al — Civil Procedure: A Practical Guide 3ed (OUP 2017)
CIV3701/1/2019–2021 UNISA Study Guide · Compiled from past MCQ papers 2007–2024
Pete et al Civil Procedure 3ed (2017) · CIV3701 Study Guide · All 28 Study Units · Study Smart Not Hard
,CIV3701 CIVIL PROCEDURE — COMPLETE CHEAT SHEET TUTOR GUIDE Page 2
HOW TO USE THIS GUIDE
• TECHNICAL TERM shown in CAPITALS — defined immediately after
• ■ EXAM TRAP — common mistakes students make in MCQ papers
• ★ SIMPLE ENGLISH — what the legal concept means in everyday language
• ■ EXAMPLE — real-world scenario showing the concept in action
• ■ CASE — important court case and the legal principle it established
• Q/A — quick self-test question and answer
• Read each section once for understanding, then use the Q&As; to test yourself
• The guide covers ALL 28 Study Units in order — Parts 1 to 4
Pete et al Civil Procedure 3ed (2017) · CIV3701 Study Guide · All 28 Study Units · Study Smart Not Hard
, CIV3701 CIVIL PROCEDURE — COMPLETE CHEAT SHEET TUTOR GUIDE Page 3
PART 1 — INTRODUCTORY STUDIES (Study Units 1 – 4)
STUDY UNIT 1 — Introduction to Civil Procedure
Civil procedure is the body of rules that governs HOW legal disputes are resolved in civil courts — from the first
document filed to the final judgment enforced. It exists to give effect to substantive rights.
• SUBSTANTIVE LAW — 'WHAT' your rights are • ADJECTIVE / PROCEDURAL LAW — 'HOW' to
enforce those rights
• Determines rights, duties and obligations
• Civil procedure, criminal procedure, law of evidence
• Examples: contract law, delict, property, family law
• The mechanism for going to court to enforce rights
• Tells you what you can CLAIM or what you OWE
• Tells you WHICH court, WHICH documents, WHAT
process
★ SIMPLE ENGLISH: Think of substantive law as the RECIPE (what you want to cook) and civil procedure as the
KITCHEN EQUIPMENT and METHOD (how you cook it). No kitchen, no meal.
■ EXAMPLE: Peter designs a machine for Thandi's company. The machine malfunctions — breach of contract.
Substantive law (contract law) tells us Peter has a duty to pay damages. Civil procedure tells us Thandi must issue a
summons in the correct court, serve it on Peter, and follow the correct steps to get judgment.
1.2 CIVIL vs CRIMINAL PROCEEDINGS
ASPECT CIVIL PROCEEDINGS CRIMINAL PROCEEDINGS
Who sues? PLAINTIFF (voluntary — no one forces you) STATE — through a prosecutor
Who is sued? DEFENDANT ACCUSED
Victim called PLAINTIFF (or in appeal: appellant/respondent) COMPLAINANT
Standard of proof BALANCE OF PROBABILITIES — plaintiff's version more probable
BEYOND REASONABLE DOUBT — no other probable conclusio
Purpose Enforce private rights; obtain compensation Punish criminal behaviour; protect society
Independence Civil case proceeds INDEPENDENTLY of any criminal case Acquittal
on same infacts
criminal court does NOT prevent civil liability
State interest Provides court infrastructure FREE; enforces judgments via Sheriff
State pays all prosecution costs
■ EXAM TRAP: Parties in civil proceedings are PLAINTIFF and DEFENDANT — NEVER 'complainant'. Complainant
is a criminal law term. The civil standard is BALANCE OF PROBABILITIES — not 'beyond reasonable doubt'.
Q: If Don drives drunk and injures Peter, Peter is compelled to sue Don civilly.
A: FALSE — civil proceedings are ENTIRELY VOLUNTARY. The state does not compel anyone to sue. Peter can
choose to do nothing, negotiate, or sue. Also, if Don is ACQUITTED criminally, Peter can still win civilly —
completely different standards.
STUDY UNIT 2 — Sources of Civil Procedural Law
Civil procedural law does not come from one place — it flows from several sources arranged in a hierarchy. The
Constitution is supreme — any source inconsistent with it is invalid.
• 1. THE CONSTITUTION 1996 — Supreme Law
• s8: Chapter 2 (Bill of Rights) applies to 'ALL LAW' — this includes the rules of court, not just legislation
• s34: right of access to courts; s26: right to housing (affects execution); s12: right to freedom (ended arrest jurisdiction)
• 2. PRIMARY LEGISLATION (Acts of Parliament)
Pete et al Civil Procedure 3ed (2017) · CIV3701 Study Guide · All 28 Study Units · Study Smart Not Hard
CIV3701
Civil Procedure
THE COMPLETE CHEAT SHEET TUTOR GUIDE
All 28 Study Units · Every Term · Every Case · Every Doctrine · Examples + Simple English
Explanations
Based on: Pete, Hulme, Du Plessis, Palmer et al — Civil Procedure: A Practical Guide 3ed (OUP 2017)
CIV3701/1/2019–2021 UNISA Study Guide · Compiled from past MCQ papers 2007–2024
Pete et al Civil Procedure 3ed (2017) · CIV3701 Study Guide · All 28 Study Units · Study Smart Not Hard
,CIV3701 CIVIL PROCEDURE — COMPLETE CHEAT SHEET TUTOR GUIDE Page 2
HOW TO USE THIS GUIDE
• TECHNICAL TERM shown in CAPITALS — defined immediately after
• ■ EXAM TRAP — common mistakes students make in MCQ papers
• ★ SIMPLE ENGLISH — what the legal concept means in everyday language
• ■ EXAMPLE — real-world scenario showing the concept in action
• ■ CASE — important court case and the legal principle it established
• Q/A — quick self-test question and answer
• Read each section once for understanding, then use the Q&As; to test yourself
• The guide covers ALL 28 Study Units in order — Parts 1 to 4
Pete et al Civil Procedure 3ed (2017) · CIV3701 Study Guide · All 28 Study Units · Study Smart Not Hard
, CIV3701 CIVIL PROCEDURE — COMPLETE CHEAT SHEET TUTOR GUIDE Page 3
PART 1 — INTRODUCTORY STUDIES (Study Units 1 – 4)
STUDY UNIT 1 — Introduction to Civil Procedure
Civil procedure is the body of rules that governs HOW legal disputes are resolved in civil courts — from the first
document filed to the final judgment enforced. It exists to give effect to substantive rights.
• SUBSTANTIVE LAW — 'WHAT' your rights are • ADJECTIVE / PROCEDURAL LAW — 'HOW' to
enforce those rights
• Determines rights, duties and obligations
• Civil procedure, criminal procedure, law of evidence
• Examples: contract law, delict, property, family law
• The mechanism for going to court to enforce rights
• Tells you what you can CLAIM or what you OWE
• Tells you WHICH court, WHICH documents, WHAT
process
★ SIMPLE ENGLISH: Think of substantive law as the RECIPE (what you want to cook) and civil procedure as the
KITCHEN EQUIPMENT and METHOD (how you cook it). No kitchen, no meal.
■ EXAMPLE: Peter designs a machine for Thandi's company. The machine malfunctions — breach of contract.
Substantive law (contract law) tells us Peter has a duty to pay damages. Civil procedure tells us Thandi must issue a
summons in the correct court, serve it on Peter, and follow the correct steps to get judgment.
1.2 CIVIL vs CRIMINAL PROCEEDINGS
ASPECT CIVIL PROCEEDINGS CRIMINAL PROCEEDINGS
Who sues? PLAINTIFF (voluntary — no one forces you) STATE — through a prosecutor
Who is sued? DEFENDANT ACCUSED
Victim called PLAINTIFF (or in appeal: appellant/respondent) COMPLAINANT
Standard of proof BALANCE OF PROBABILITIES — plaintiff's version more probable
BEYOND REASONABLE DOUBT — no other probable conclusio
Purpose Enforce private rights; obtain compensation Punish criminal behaviour; protect society
Independence Civil case proceeds INDEPENDENTLY of any criminal case Acquittal
on same infacts
criminal court does NOT prevent civil liability
State interest Provides court infrastructure FREE; enforces judgments via Sheriff
State pays all prosecution costs
■ EXAM TRAP: Parties in civil proceedings are PLAINTIFF and DEFENDANT — NEVER 'complainant'. Complainant
is a criminal law term. The civil standard is BALANCE OF PROBABILITIES — not 'beyond reasonable doubt'.
Q: If Don drives drunk and injures Peter, Peter is compelled to sue Don civilly.
A: FALSE — civil proceedings are ENTIRELY VOLUNTARY. The state does not compel anyone to sue. Peter can
choose to do nothing, negotiate, or sue. Also, if Don is ACQUITTED criminally, Peter can still win civilly —
completely different standards.
STUDY UNIT 2 — Sources of Civil Procedural Law
Civil procedural law does not come from one place — it flows from several sources arranged in a hierarchy. The
Constitution is supreme — any source inconsistent with it is invalid.
• 1. THE CONSTITUTION 1996 — Supreme Law
• s8: Chapter 2 (Bill of Rights) applies to 'ALL LAW' — this includes the rules of court, not just legislation
• s34: right of access to courts; s26: right to housing (affects execution); s12: right to freedom (ended arrest jurisdiction)
• 2. PRIMARY LEGISLATION (Acts of Parliament)
Pete et al Civil Procedure 3ed (2017) · CIV3701 Study Guide · All 28 Study Units · Study Smart Not Hard
