TLI4801 Assignment 2 Questions 2026 –
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
Which statement best distinguishes an action proceeding from
an application proceeding in South African civil procedure?
A. An action always concerns constitutional matters, while an
application concerns ordinary disputes.
B. An action is ordinarily commenced by summons and is
generally appropriate where material factual disputes may
require oral evidence.
C. An application can never involve oral evidence.
D. An action is available only against juristic persons.
,Correct answer: B. An action is ordinarily commenced by
summons and is generally appropriate where material factual
disputes may require oral evidence.
An action proceeding is generally instituted by summons and is
designed for disputes in which factual issues may need to be
determined through pleadings, discovery and oral evidence at
trial. Application proceedings are ordinarily commenced by
notice of motion and supporting affidavits. Although an
application is primarily determined on affidavit evidence, the
court may in appropriate circumstances deal with factual
disputes through mechanisms available under the applicable
rules. The essential distinction is therefore procedural and
evidential rather than a simple division between “ordinary” and
“constitutional” matters.
Question 2
A plaintiff knows that the defendant disputes the material facts
underlying the claim. Which procedure will ordinarily be more
appropriate?
A. Motion proceedings without supporting affidavits
B. An application for summary judgment in every case
C. Action proceedings
D. A provisional sentence summons in every case
,Correct answer: C. Action proceedings
Where material factual disputes are anticipated, action
proceedings are generally preferable because the pleadings
identify the issues and the matter can proceed to oral evidence
and cross-examination at trial. Motion proceedings are
ordinarily determined primarily on affidavit evidence and can
become procedurally difficult where genuine disputes of fact
arise. The choice of procedure should therefore take account of
the nature of the dispute rather than simply the amount
claimed.
Question 3
What is the principal purpose of pleadings in civil litigation?
A. To replace the need for evidence
B. To inform the parties and court of the material issues
requiring determination
C. To guarantee judgment for the party who files first
D. To prevent settlement negotiations
Correct answer: B. To inform the parties and court of the
material issues requiring determination
Pleadings define the factual and legal issues between the
litigants. They enable each party to know the case it must meet
and assist the court in identifying the matters requiring
, adjudication. Pleadings are not a substitute for evidence; rather,
they establish the framework within which admissible evidence
will later be presented. Proper pleadings also reduce surprise
and promote procedural fairness.
Question 4
A pleading contains allegations that are irrelevant to the cause
of action and unnecessarily prejudice the opposing party. What
procedural remedy may be appropriate?
A. An application to strike out
B. Automatic dismissal of the opposing party's defence
C. A criminal complaint
D. A notice of appeal
Correct answer: A. An application to strike out
An application to strike out may be appropriate where material
in a pleading is irrelevant, scandalous, vexatious or otherwise
prejudicial within the meaning of the applicable procedural
rules. The purpose is not to decide the merits of the entire case
prematurely but to remove objectionable matter from the
pleading. The remedy must be used carefully because courts
generally distinguish between genuinely objectionable
allegations and material that is merely inconvenient or weak.
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
Which statement best distinguishes an action proceeding from
an application proceeding in South African civil procedure?
A. An action always concerns constitutional matters, while an
application concerns ordinary disputes.
B. An action is ordinarily commenced by summons and is
generally appropriate where material factual disputes may
require oral evidence.
C. An application can never involve oral evidence.
D. An action is available only against juristic persons.
,Correct answer: B. An action is ordinarily commenced by
summons and is generally appropriate where material factual
disputes may require oral evidence.
An action proceeding is generally instituted by summons and is
designed for disputes in which factual issues may need to be
determined through pleadings, discovery and oral evidence at
trial. Application proceedings are ordinarily commenced by
notice of motion and supporting affidavits. Although an
application is primarily determined on affidavit evidence, the
court may in appropriate circumstances deal with factual
disputes through mechanisms available under the applicable
rules. The essential distinction is therefore procedural and
evidential rather than a simple division between “ordinary” and
“constitutional” matters.
Question 2
A plaintiff knows that the defendant disputes the material facts
underlying the claim. Which procedure will ordinarily be more
appropriate?
A. Motion proceedings without supporting affidavits
B. An application for summary judgment in every case
C. Action proceedings
D. A provisional sentence summons in every case
,Correct answer: C. Action proceedings
Where material factual disputes are anticipated, action
proceedings are generally preferable because the pleadings
identify the issues and the matter can proceed to oral evidence
and cross-examination at trial. Motion proceedings are
ordinarily determined primarily on affidavit evidence and can
become procedurally difficult where genuine disputes of fact
arise. The choice of procedure should therefore take account of
the nature of the dispute rather than simply the amount
claimed.
Question 3
What is the principal purpose of pleadings in civil litigation?
A. To replace the need for evidence
B. To inform the parties and court of the material issues
requiring determination
C. To guarantee judgment for the party who files first
D. To prevent settlement negotiations
Correct answer: B. To inform the parties and court of the
material issues requiring determination
Pleadings define the factual and legal issues between the
litigants. They enable each party to know the case it must meet
and assist the court in identifying the matters requiring
, adjudication. Pleadings are not a substitute for evidence; rather,
they establish the framework within which admissible evidence
will later be presented. Proper pleadings also reduce surprise
and promote procedural fairness.
Question 4
A pleading contains allegations that are irrelevant to the cause
of action and unnecessarily prejudice the opposing party. What
procedural remedy may be appropriate?
A. An application to strike out
B. Automatic dismissal of the opposing party's defence
C. A criminal complaint
D. A notice of appeal
Correct answer: A. An application to strike out
An application to strike out may be appropriate where material
in a pleading is irrelevant, scandalous, vexatious or otherwise
prejudicial within the meaning of the applicable procedural
rules. The purpose is not to decide the merits of the entire case
prematurely but to remove objectionable matter from the
pleading. The remedy must be used carefully because courts
generally distinguish between genuinely objectionable
allegations and material that is merely inconvenient or weak.
