TLI4801 – Techniques in Trial and Litigation
Practice Exam 2026/2027 Practice Questions &
Study Guide | Complete Exam-Style Questions
with Correct Detailed Answers & Rationales
(Reliable Answers) | Latest Updated Version |
Instant Download PDf
Question 1
An accused person is arrested on a charge of murder and
requests legal assistance while being held at a police station.
Which consideration is most directly relevant to determining
whether the accused should be released on bail?
A. Whether the accused owns property
B. Whether the accused has previously employed an attorney
C. Whether release would create a risk of absconding,
interfering with witnesses or evidence, or otherwise
compromising the interests of justice
D. Whether the accused can immediately pay the requested bail
amount
Correct answer: C
,Rationale: Bail is fundamentally concerned with balancing the
accused person's liberty against the interests of justice. Relevant
considerations include the likelihood that the accused will evade
trial, interfere with witnesses or evidence, intimidate persons,
commit further offences, or otherwise undermine the proper
administration of justice. Ownership of property or the ability to
pay money does not, by itself, determine whether bail should be
granted. The court must evaluate the circumstances prescribed
by the applicable criminal-procedure framework rather than
treating bail as a simple financial transaction.
Question 2
An accused makes a plea of guilty to a criminal charge. Before
convicting the accused, the court must ensure that the plea is
properly supported. What is the principal purpose of
questioning an accused following a guilty plea under section
112 of the Criminal Procedure Act 51 of 1977?
A. To determine the appropriate civil damages
B. To establish whether the accused admits all the factual
allegations necessary to constitute the offence
C. To determine whether the prosecutor personally agrees with
the plea
D. To decide whether the accused can afford legal
representation
,Correct answer: B
Rationale: A guilty plea does not automatically justify a
conviction without the court satisfying itself that the accused
admits the essential factual elements of the offence. The
statutory questioning procedure protects the accused from
being convicted on an uninformed, ambiguous or legally
insufficient admission. The court must establish the factual basis
for the plea and ensure that the admitted facts constitute the
offence charged.
Question 3
A defence attorney discovers that an accused's plea of guilty
does not disclose a valid defence and does not adequately
establish the elements of the offence. What is the most
appropriate response?
A. Allow the court to convict because the accused has already
pleaded guilty
B. Withdraw from the case immediately without informing the
court
C. Ask the prosecutor to rewrite the plea
D. Ensure that the court follows the appropriate statutory
procedure before a conviction is entered
Correct answer: D
, Rationale: A defence practitioner has professional
responsibilities toward the accused and the court. Where a plea
does not properly establish guilt, the practitioner should not
simply permit an unjustified conviction. The statutory procedure
is designed to ensure that the court obtains sufficient
information before convicting on a guilty plea. The defence
attorney must therefore protect the accused's procedural rights
while maintaining duties of candour and proper conduct toward
the court.
Question 4
Which statement best distinguishes an action from an
application in civil litigation?
A. An action always concerns criminal proceedings
B. An application can never involve disputed facts
C. An action ordinarily proceeds through pleadings and is
designed to resolve disputes of fact through evidence, while
an application ordinarily proceeds on affidavit
D. An action is commenced only after judgment has been
obtained
Correct answer: C
Rationale: The distinction between action and application
procedure is fundamental to litigation practice. Actions
Practice Exam 2026/2027 Practice Questions &
Study Guide | Complete Exam-Style Questions
with Correct Detailed Answers & Rationales
(Reliable Answers) | Latest Updated Version |
Instant Download PDf
Question 1
An accused person is arrested on a charge of murder and
requests legal assistance while being held at a police station.
Which consideration is most directly relevant to determining
whether the accused should be released on bail?
A. Whether the accused owns property
B. Whether the accused has previously employed an attorney
C. Whether release would create a risk of absconding,
interfering with witnesses or evidence, or otherwise
compromising the interests of justice
D. Whether the accused can immediately pay the requested bail
amount
Correct answer: C
,Rationale: Bail is fundamentally concerned with balancing the
accused person's liberty against the interests of justice. Relevant
considerations include the likelihood that the accused will evade
trial, interfere with witnesses or evidence, intimidate persons,
commit further offences, or otherwise undermine the proper
administration of justice. Ownership of property or the ability to
pay money does not, by itself, determine whether bail should be
granted. The court must evaluate the circumstances prescribed
by the applicable criminal-procedure framework rather than
treating bail as a simple financial transaction.
Question 2
An accused makes a plea of guilty to a criminal charge. Before
convicting the accused, the court must ensure that the plea is
properly supported. What is the principal purpose of
questioning an accused following a guilty plea under section
112 of the Criminal Procedure Act 51 of 1977?
A. To determine the appropriate civil damages
B. To establish whether the accused admits all the factual
allegations necessary to constitute the offence
C. To determine whether the prosecutor personally agrees with
the plea
D. To decide whether the accused can afford legal
representation
,Correct answer: B
Rationale: A guilty plea does not automatically justify a
conviction without the court satisfying itself that the accused
admits the essential factual elements of the offence. The
statutory questioning procedure protects the accused from
being convicted on an uninformed, ambiguous or legally
insufficient admission. The court must establish the factual basis
for the plea and ensure that the admitted facts constitute the
offence charged.
Question 3
A defence attorney discovers that an accused's plea of guilty
does not disclose a valid defence and does not adequately
establish the elements of the offence. What is the most
appropriate response?
A. Allow the court to convict because the accused has already
pleaded guilty
B. Withdraw from the case immediately without informing the
court
C. Ask the prosecutor to rewrite the plea
D. Ensure that the court follows the appropriate statutory
procedure before a conviction is entered
Correct answer: D
, Rationale: A defence practitioner has professional
responsibilities toward the accused and the court. Where a plea
does not properly establish guilt, the practitioner should not
simply permit an unjustified conviction. The statutory procedure
is designed to ensure that the court obtains sufficient
information before convicting on a guilty plea. The defence
attorney must therefore protect the accused's procedural rights
while maintaining duties of candour and proper conduct toward
the court.
Question 4
Which statement best distinguishes an action from an
application in civil litigation?
A. An action always concerns criminal proceedings
B. An application can never involve disputed facts
C. An action ordinarily proceeds through pleadings and is
designed to resolve disputes of fact through evidence, while
an application ordinarily proceeds on affidavit
D. An action is commenced only after judgment has been
obtained
Correct answer: C
Rationale: The distinction between action and application
procedure is fundamental to litigation practice. Actions
