CIV3701 CIVIL PROCEDURE (PDF) | 2026 EXAM QUESTIONS
AND ANSWERS + RATIONALES | STUDY GUIDE | 100%
CORRECT
1. What is the main purpose of the CIV3701 module?
A) To provide a historical overview of Roman law
B) To introduce students to the general principles of the law of civil procedure
C) To teach students how to draft legal contracts for businesses
D) To focus exclusively on criminal procedure in South African courts
Correct Answer: B) To introduce students to the general principles of the law of civil procedure
Rationale: According to the official UNISA module description, the purpose of CIV3701 is to
introduce students to the law of civil procedure . Students gain knowledge and skills related to
jurisdiction and procedure in Superior and Lower Courts, including an introduction to alternative
dispute resolution.
2. What is the NQF level and credit value of CIV3701?
A) NQF level 6 with 10 credits
B) NQF level 7 with 12 credits
C) NQF level 8 with 15 credits
D) NQF level 5 with 8 credits
Correct Answer: B) NQF level 7 with 12 credits
Rationale: CIV3701 is registered as an undergraduate degree module at NQF level 7 with 12
credits . It is a semester module presented in English and offered online. Students must
successfully complete SJD1501 and ADL2601 as prerequisites.
3. Which of the following is a key characteristic of the South African civil procedural system?
A) It is purely inquisitorial in nature
B) It is derived from a codified system of law like France
C) It is adversarial in nature, similar to common law countries
D) The judge is the primary investigator of the facts
Correct Answer: C) It is adversarial in nature, similar to common law countries
Rationale: The South African civil procedural system is adversarial in nature . This is in contrast
to the inquisitorial system common in many civil law countries. In the adversarial system, the
parties present their cases to a neutral judge.
4. The doctrine of effectiveness in the context of jurisdiction means that:
A) A court will always exercise jurisdiction if any connection to the matter exists
B) Full compliance with the judgment is ensured before the court can hear a matter
C) A court will be competent to exercise jurisdiction if compliance with the judgment can be
, expected
D) Jurisdiction is determined solely by the domicile of the defendant
Correct Answer: C) A court will be competent to exercise jurisdiction if compliance with the
judgment can be expected
Rationale: The doctrine of effectiveness means that a court will be competent to exercise
jurisdiction if compliance with the judgment can be expected . This is a fundamental principle of
jurisdiction in South African civil procedure.
5. The nature of the claim is the factor that determines which type of summons must be employed.
This statement is:
A) True
B) False
C) Only applicable in the Magistrates' Court
D) Only applicable in the High Court
Correct Answer: A) True
Rationale: The nature of the claim is the factor that determines whether a simple summons or a
combined summons must be employed . A simple summons is used for a debt or liquidated
demand, while a combined summons is used when the claim is not for a debt or liquidated
demand.
6. X has a claim against Z for R600,000 based on breach of contract. X is an incola of Cape Town,
and Z is an incola of Pretoria. Why is it inappropriate for X to use an ordinary application to
institute proceedings against Z?
A) Applications are only for divorce matters
B) X's claim is based on breach of contract, which involves a dispute of fact requiring oral
evidence
C) Applications are not allowed in the High Court
D) The amount is too high for application proceedings
Correct Answer: B) X's claim is based on breach of contract, which involves a dispute of fact
requiring oral evidence
Rationale: An ordinary application is inappropriate where there is a genuine dispute of fact that
requires the leading of oral evidence . X's claim is based on breach of contract, which usually
involves factual disputes that need to be resolved through oral testimony.
7. X has a claim against Z for R600,000 based on breach of contract. X is an incola of Cape Town,
and Z is an incola of Pretoria. Can X institute proceedings against Z in the Cape Town High
Court?
A) No, because the claim arose in Pretoria
B) No, because Z is domiciled in Pretoria
C) Yes, because X is an incola of Cape Town, which gives the Cape Town High Court
, jurisdiction
D) Yes, only if the contract was signed in Cape Town
Correct Answer: C) Yes, because X is an incola of Cape Town, which gives the Cape Town
High Court jurisdiction
Rationale: In terms of the High Court's common law jurisdiction (ratione domicilii or rei sitae), a
court has jurisdiction where the defendant is an incola of that court's area . However, in this case,
the plaintiff is an incola. The court also has jurisdiction where the cause of action arose (ratione
rei gestae), which in this case was Cape Town, giving the Cape Town High Court jurisdiction.
8. Would your answer change if Z was a foreign peregrinus?
A) Yes, because a peregrinus cannot be sued in South Africa
B) No, the answer remains the same
C) Yes, because a foreign peregrinus requires attachment of property to establish jurisdiction
D) Yes, because the court would need the consent of both parties
Correct Answer: C) Yes, because a foreign peregrinus requires attachment of property to
establish jurisdiction
Rationale: If Z was a foreign peregrinus (a person resident outside South Africa), the Cape Town
High Court would not have jurisdiction simply because the cause of action arose in Cape Town.
Jurisdiction over a peregrinus can be established through attachment of property or by consent .
9. For what type of claim is a simple summons used?
A) Divorce proceedings
B) Claims based on breach of contract where the amount is not agreed
C) Claims for specific performance only
D) A debt or liquidated demand
Correct Answer: D) A debt or liquidated demand
Rationale: A simple summons is used when the claim is for a debt or a liquidated demand . A
combined summons is used when the claim is not for a debt or liquidated demand, or where the
plaintiff is uncertain about the nature of the claim.
10. Which of the following forms of proceedings is appropriate when there is a legal dispute and no
genuine dispute of fact?
A) Action proceedings
B) Application proceedings
C) Arbitration
D) Mediation
Correct Answer: B) Application proceedings
Rationale: Application proceedings are appropriate when dealing with a legal dispute and not
with a genuine dispute of facts . The dispute may be decided simply on the basis of the
AND ANSWERS + RATIONALES | STUDY GUIDE | 100%
CORRECT
1. What is the main purpose of the CIV3701 module?
A) To provide a historical overview of Roman law
B) To introduce students to the general principles of the law of civil procedure
C) To teach students how to draft legal contracts for businesses
D) To focus exclusively on criminal procedure in South African courts
Correct Answer: B) To introduce students to the general principles of the law of civil procedure
Rationale: According to the official UNISA module description, the purpose of CIV3701 is to
introduce students to the law of civil procedure . Students gain knowledge and skills related to
jurisdiction and procedure in Superior and Lower Courts, including an introduction to alternative
dispute resolution.
2. What is the NQF level and credit value of CIV3701?
A) NQF level 6 with 10 credits
B) NQF level 7 with 12 credits
C) NQF level 8 with 15 credits
D) NQF level 5 with 8 credits
Correct Answer: B) NQF level 7 with 12 credits
Rationale: CIV3701 is registered as an undergraduate degree module at NQF level 7 with 12
credits . It is a semester module presented in English and offered online. Students must
successfully complete SJD1501 and ADL2601 as prerequisites.
3. Which of the following is a key characteristic of the South African civil procedural system?
A) It is purely inquisitorial in nature
B) It is derived from a codified system of law like France
C) It is adversarial in nature, similar to common law countries
D) The judge is the primary investigator of the facts
Correct Answer: C) It is adversarial in nature, similar to common law countries
Rationale: The South African civil procedural system is adversarial in nature . This is in contrast
to the inquisitorial system common in many civil law countries. In the adversarial system, the
parties present their cases to a neutral judge.
4. The doctrine of effectiveness in the context of jurisdiction means that:
A) A court will always exercise jurisdiction if any connection to the matter exists
B) Full compliance with the judgment is ensured before the court can hear a matter
C) A court will be competent to exercise jurisdiction if compliance with the judgment can be
, expected
D) Jurisdiction is determined solely by the domicile of the defendant
Correct Answer: C) A court will be competent to exercise jurisdiction if compliance with the
judgment can be expected
Rationale: The doctrine of effectiveness means that a court will be competent to exercise
jurisdiction if compliance with the judgment can be expected . This is a fundamental principle of
jurisdiction in South African civil procedure.
5. The nature of the claim is the factor that determines which type of summons must be employed.
This statement is:
A) True
B) False
C) Only applicable in the Magistrates' Court
D) Only applicable in the High Court
Correct Answer: A) True
Rationale: The nature of the claim is the factor that determines whether a simple summons or a
combined summons must be employed . A simple summons is used for a debt or liquidated
demand, while a combined summons is used when the claim is not for a debt or liquidated
demand.
6. X has a claim against Z for R600,000 based on breach of contract. X is an incola of Cape Town,
and Z is an incola of Pretoria. Why is it inappropriate for X to use an ordinary application to
institute proceedings against Z?
A) Applications are only for divorce matters
B) X's claim is based on breach of contract, which involves a dispute of fact requiring oral
evidence
C) Applications are not allowed in the High Court
D) The amount is too high for application proceedings
Correct Answer: B) X's claim is based on breach of contract, which involves a dispute of fact
requiring oral evidence
Rationale: An ordinary application is inappropriate where there is a genuine dispute of fact that
requires the leading of oral evidence . X's claim is based on breach of contract, which usually
involves factual disputes that need to be resolved through oral testimony.
7. X has a claim against Z for R600,000 based on breach of contract. X is an incola of Cape Town,
and Z is an incola of Pretoria. Can X institute proceedings against Z in the Cape Town High
Court?
A) No, because the claim arose in Pretoria
B) No, because Z is domiciled in Pretoria
C) Yes, because X is an incola of Cape Town, which gives the Cape Town High Court
, jurisdiction
D) Yes, only if the contract was signed in Cape Town
Correct Answer: C) Yes, because X is an incola of Cape Town, which gives the Cape Town
High Court jurisdiction
Rationale: In terms of the High Court's common law jurisdiction (ratione domicilii or rei sitae), a
court has jurisdiction where the defendant is an incola of that court's area . However, in this case,
the plaintiff is an incola. The court also has jurisdiction where the cause of action arose (ratione
rei gestae), which in this case was Cape Town, giving the Cape Town High Court jurisdiction.
8. Would your answer change if Z was a foreign peregrinus?
A) Yes, because a peregrinus cannot be sued in South Africa
B) No, the answer remains the same
C) Yes, because a foreign peregrinus requires attachment of property to establish jurisdiction
D) Yes, because the court would need the consent of both parties
Correct Answer: C) Yes, because a foreign peregrinus requires attachment of property to
establish jurisdiction
Rationale: If Z was a foreign peregrinus (a person resident outside South Africa), the Cape Town
High Court would not have jurisdiction simply because the cause of action arose in Cape Town.
Jurisdiction over a peregrinus can be established through attachment of property or by consent .
9. For what type of claim is a simple summons used?
A) Divorce proceedings
B) Claims based on breach of contract where the amount is not agreed
C) Claims for specific performance only
D) A debt or liquidated demand
Correct Answer: D) A debt or liquidated demand
Rationale: A simple summons is used when the claim is for a debt or a liquidated demand . A
combined summons is used when the claim is not for a debt or liquidated demand, or where the
plaintiff is uncertain about the nature of the claim.
10. Which of the following forms of proceedings is appropriate when there is a legal dispute and no
genuine dispute of fact?
A) Action proceedings
B) Application proceedings
C) Arbitration
D) Mediation
Correct Answer: B) Application proceedings
Rationale: Application proceedings are appropriate when dealing with a legal dispute and not
with a genuine dispute of facts . The dispute may be decided simply on the basis of the
