2024 ASSIGNMENT 01
DUE: 18 MARCH 2024
QUESTIONS AND ANSWERS
Footnotes and bibliography included
Techniques in trial and litigation
(a) Critically discuss the purpose and objectives of your interview and the aim of
exchanging pleasantries with Ms Complexion Perfection during the interview.
(10)
Some of the main objectives of an interview is to elicit the relevant facts, clarify the
client's objectives, explain the law and procedure to the client, advise the client on the
available options, counsel the client and take instructions on the future conduct of the
matter.
The purpose of the interview can be broken down into different stages as per below. 1
Stage 1: Initial meeting and exchange of pleasantries
Stage 2: Initial problem and goal identification
Stage 3: Dealing with preliminary matters
Stage 4: Establishing the facts in chronological order
Stage 5: Developing a preliminary theory of the case
Stage 6: Giving preliminary advice
Having conducted an interview, the practitioner will know how to give advice, how to
conduct negotiations, write letters, draft documents and present argument in court2.
These are skills that are required in legal practice.
1 Marnewick C.G (2012),Litigation Skills for South African Lawyers4th Edition, Lexis Nexis, Durban, 4-5.
2 Marnewick C.G (2012),Litigation Skills for South African Lawyers4th Edition, Lexis Nexis, Durban, 4-5.
, The aim of exchanging pleasantries with a potential client is to get the client to feel
comfortable around you and to gain some sort of trust between yourself and the client.
First impressions count and it is therefore important to carry yourself in an ethical
fashion and maintaining good manners and etiquette to get to know the client on a
personal level. Some ways that this can be done is by; meeting the client upon the entry
at your reception/ waiting area; introducing yourself to the client; offering the client a
comfortable seat and something to drink and engaging in some small talk until the client
looks relaxed building up to the introduction to his/her problem. It is important to show
interest, concern and empathy to the client to make the client feel as comfortable as
possible. 3
(b) Discuss the type of summons Ms Complexion Perfection will use to institute
her claim or action.(4)
A combined summons is used where the claim is unliquidated, such as, an action
for damages or personal injuries, which needs to be proved by evidence.2 Mrs. Smith
can bring/pursue a claim for compensation for personal injuries and damages and loss
of support for herself and her children by way of combined summons in the High Court.
Application to facts: This is an action for personal injuries sustained as a result of
collision with a taxi, and damages to a bicycle. Therefore, Mr Soap will use a combined
summons as the action involves an unliquidated claim for damages and personal
injuries, and the quantum has to be proved or determined. A provisional sentence
summons will not be applicable here, as the claim is unliquidated.
(c) Discuss the term "facta probanda" and draft that section of the pleading
(referred to in (b) above) that sets out Ms Complexion Perfection's"facta
probanda"only. (10)
The term "facta probanda" refers to the 'material facts' which have to be pleaded. The
material facts are those which have to be included in the pleading. It is a requirement
set by law and is therefore an essential legal element of a cause of action, charge or
defence but stated in such a way that they incorporate the specific facts of the case
concerned. They have to be stated as applying to the particular case being dealt with.4
Pleading
North Gauteng High Court
Case no 101 [2022]
Between
3Marnewick C.G (2012),Litigation Skills for South African Lawyers4th Edition, Lexis Nexis, Durban, 4-5.
4Pete S, Hulme D, David; Du Plessis, Palmer R, Sibanda S, Palmer T, Civil Procedure: A Practical Guide (3edn Oxford
University Press 2016)
DUE: 18 MARCH 2024
QUESTIONS AND ANSWERS
Footnotes and bibliography included
Techniques in trial and litigation
(a) Critically discuss the purpose and objectives of your interview and the aim of
exchanging pleasantries with Ms Complexion Perfection during the interview.
(10)
Some of the main objectives of an interview is to elicit the relevant facts, clarify the
client's objectives, explain the law and procedure to the client, advise the client on the
available options, counsel the client and take instructions on the future conduct of the
matter.
The purpose of the interview can be broken down into different stages as per below. 1
Stage 1: Initial meeting and exchange of pleasantries
Stage 2: Initial problem and goal identification
Stage 3: Dealing with preliminary matters
Stage 4: Establishing the facts in chronological order
Stage 5: Developing a preliminary theory of the case
Stage 6: Giving preliminary advice
Having conducted an interview, the practitioner will know how to give advice, how to
conduct negotiations, write letters, draft documents and present argument in court2.
These are skills that are required in legal practice.
1 Marnewick C.G (2012),Litigation Skills for South African Lawyers4th Edition, Lexis Nexis, Durban, 4-5.
2 Marnewick C.G (2012),Litigation Skills for South African Lawyers4th Edition, Lexis Nexis, Durban, 4-5.
, The aim of exchanging pleasantries with a potential client is to get the client to feel
comfortable around you and to gain some sort of trust between yourself and the client.
First impressions count and it is therefore important to carry yourself in an ethical
fashion and maintaining good manners and etiquette to get to know the client on a
personal level. Some ways that this can be done is by; meeting the client upon the entry
at your reception/ waiting area; introducing yourself to the client; offering the client a
comfortable seat and something to drink and engaging in some small talk until the client
looks relaxed building up to the introduction to his/her problem. It is important to show
interest, concern and empathy to the client to make the client feel as comfortable as
possible. 3
(b) Discuss the type of summons Ms Complexion Perfection will use to institute
her claim or action.(4)
A combined summons is used where the claim is unliquidated, such as, an action
for damages or personal injuries, which needs to be proved by evidence.2 Mrs. Smith
can bring/pursue a claim for compensation for personal injuries and damages and loss
of support for herself and her children by way of combined summons in the High Court.
Application to facts: This is an action for personal injuries sustained as a result of
collision with a taxi, and damages to a bicycle. Therefore, Mr Soap will use a combined
summons as the action involves an unliquidated claim for damages and personal
injuries, and the quantum has to be proved or determined. A provisional sentence
summons will not be applicable here, as the claim is unliquidated.
(c) Discuss the term "facta probanda" and draft that section of the pleading
(referred to in (b) above) that sets out Ms Complexion Perfection's"facta
probanda"only. (10)
The term "facta probanda" refers to the 'material facts' which have to be pleaded. The
material facts are those which have to be included in the pleading. It is a requirement
set by law and is therefore an essential legal element of a cause of action, charge or
defence but stated in such a way that they incorporate the specific facts of the case
concerned. They have to be stated as applying to the particular case being dealt with.4
Pleading
North Gauteng High Court
Case no 101 [2022]
Between
3Marnewick C.G (2012),Litigation Skills for South African Lawyers4th Edition, Lexis Nexis, Durban, 4-5.
4Pete S, Hulme D, David; Du Plessis, Palmer R, Sibanda S, Palmer T, Civil Procedure: A Practical Guide (3edn Oxford
University Press 2016)
