Summary for the module Civil procedure (CIV3701)

Interdict

Respuesta: An interdict is a court order in terms of which a person is ordered either to perfom or not to perform a specific act. Prohibitory interdict - order that someone must not perform an act. Mandatory interdict - order that someone must perform an act. Magistartes Courts may grant both final and temporary interdicts.

Rule Nisi

Respuesta: The rule nisi is an order calling upon the respondent, or on all interested parties, to show cause on a day fixed in the rule (known as the \"return day fo the rule nisi\", and being the day upon which these parties may oppose the application) why the relief specified in the rule nisi should not be finally granted.

Party presentation

Respuesta: Party presentation refers to the competence of a litigant to investigate his own cause or defence, to formulate the issues in dispute, as well as to present the material facts concerned, and to prove these facts and raise legal argument in support of these facts before a court.

Party Prosecution

Respuesta: Party prosecution refers to the competence of a litigant either to commence (begin) or defend proceedings and to move (prosecute) the case forward through all its procedural stages. This principle reinforces the notion that litigation is a private matter that is conducted by both litigants without any interference from the court, except where its intervention is requested by litigants.

Liquid document or mortgage bond

Respuesta: A liquid document is a document in which a debtor, above his signature or that of his agent, admits that he is liable for a fixed or ascertainable sum of money. Note that the financial limitation relates to the amount that may be claimed in the summons, not to the amount of the liquid document or bond.

Rationes jurisdictionis

Respuesta: The rules of jurisdiction provde that there must be some link (nexus) between the court\'s jurisdictional area and the defendant, or the facts from which the dispute arose. These links are called \"jurisdictional connecting factors\" or rationes jurisdictionis.

Ratione domcilii

Respuesta: Under common law, the court where the defendant is either domiciled or resident always has jurisdiction to hear a claim sounding in money.