OCTOBER 2023 EXAM (ANSWERS) TECHNIQUES IN TRIAL AND LITIGATION (TLI4801)

QUESTION 1 On the morning of 2 July 2023, a cyclist, Mr John Barnes who is a member of a local bicycle club, “Easy Riders”, is riding on a public road in Lynnwood, Pretoria. Suddenly he is struck from behind by a speeding taxi with registration number BN264GP driven by Joe Speedy. The accident occurs on Lynnwood Road, Pretoria. Mr Barnes is injured as a result of the accident and his bicycle is damaged. Mr Barnes sustains the following injuries: a broken right leg, a broken pelvis, a deep cut below his right eye resulting in permanent facial scarring, bruises and abrasions to the right-hand side of his body. His doctors advise him that he will not be able to resume cycling as a sport as a result of his injuries. His injuries and damages amount to R 950 000,00. Mr Barnes wants to institute a claim against Joe Speedy. He approaches you for legal advice. Answer the following questions, using proper references. Note: In your answers, you are required to make up facts to supplement the given facts of the case in so far as your own rendition does not detract from the core issues. a. Discuss whether Mr Barnes will use a provisional sentence summons or a combined summons to institute his claim or action.a) Discuss the pleading that will be annexed to the summons to support Mr Barnes’ claim or action. c) Define the term “facta probanda” (b) Draft that section of the pleading (referred to in 1 (b) above) that sets out Mr Barnes’ facta probanda only. Discuss the use of vocational training in practice. Distinguish between a counterclaim and an interpleader claim by way of examples 5. Discuss how one can address the following mistakes in negotiation: Addressing negotiation mistakes is crucial for achieving successful outcomes. QUESTION 2: CRIMINAL PRACTICE 1. Section 60(11) of the Criminal Procedure Act 51 of 1977 requires the accused to“adduce evidence” in support of his or her bail application. Fully discuss the bail Application in respect of the above provision. 2. Mr Amos Museka is a well-known criminal defence attorney. Mr Museka is representing His client, C, in a rape trial. C has pleaded not guilty to the charge of rape. An Interpreter, T, is used during the trial. T was not briefed in advance about the trial. During the cross-examination of a state witness, Mr Museka continuously interrupts T(the interpreter), demands that T speaks up and blames T for inaccurate and incorrect Interpretation of the witness’ testimony. T soon breaks down in tears as a result of the Sustained attack. The state witness also shows impatience and tiredness with the Crossexamination process. The presiding officer consequently calls for a short recess To give T and the state witness time to compose themselves. Critically discuss the duty of trial lawyers towards witnesses and interpreters. In your Answer you should also indicate whether Mr Museka’s conduct conforms to general Standards of professional conduct expected of trial lawyers. Discuss the role of the prosecutor in the administration of justice. Refer to relevant case Law in your answer. QUESTION 4 (a) Discuss the requirements for a charge in terms of the Criminal Procedure Act 51 of 1977 and draft the above charge.(b) Briefly discuss what section 105A of the Criminal Procedure Act 51 of 1977 Addresses.(c) Which parties form part of the section 105A process? Name them. (d) Briefly discuss the sentencing agreement in terms of section 105A of the Criminal Procedure Act, 51 of 1977.List the parties who form part of the section 105A process