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CIV3701
CIVIL PROCEDURE
ASSIGNMENT 1 MEMO
SEMESTER 2 - 2022
Unique number: -659562 DUE: 31 AUGUST 2022
DOCUMENT PREVIEW
Includes Footnotes and/or Bibliography
QUESTION 1
(a) Critically compare the role of a commissioner in the Small claims court to that of a judicial officer in the
Anglo-American system and Continental system in respect of the conduct of trial proceedings. (6)
(b) Briefly discuss the distinction between local peregrinus and foreign peregrinus. (2)
(c) Briefly discuss the difference between process and pleadings. (4)
QUESTION 2
C and D conclude a contract in terms of which D undertakes the development of specialised software to
protect the computer systems of C’s business against unauthorised access. The contract is concluded in
a coffee shop in Durban. C’s business is situated in Johannesburg, and D lives in Durban. D fails to install
the software at C’s business premises. C wants the court to compel D to install the software.
(i) Will any magistrates’ court have jurisdiction in the matter? Refer to relevant case law. (6)
(ii) Will your answer to (i) above change if C sues D for the damages paid to install the software for R400
000? (4)
QUESTION 3
In terms of section 167 of the Constitution of 1996, the Constitutional Court is only a court of appeal in
constitutional matters, and is also the only court which may hear appeals in constitutional matters. Discuss
this statement (4)
Disclaimer
Briefly explain the purpose of the pre-trial conference in the magistrates’ courts. (3) Name the procedure to be
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
followed when variation
or warranties, express orof judgment
implied. is soughtis in
This document terms
to be usedof
forUniform Rule
comparison, 42. (1)and reference purposes ONLY. No part of this
research
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
[8] [30]
LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
SELLING” memos for the year 2021.
CIV3701
CIVIL PROCEDURE
ASSIGNMENT 1 MEMO
SEMESTER 2 - 2022
Unique number: -659562 DUE: 31 AUGUST 2022
DOCUMENT PREVIEW
Includes Footnotes and/or Bibliography
QUESTION 1
(a) Critically compare the role of a commissioner in the Small claims court to that of a judicial officer in the
Anglo-American system and Continental system in respect of the conduct of trial proceedings. (6)
(b) Briefly discuss the distinction between local peregrinus and foreign peregrinus. (2)
(c) Briefly discuss the difference between process and pleadings. (4)
QUESTION 2
C and D conclude a contract in terms of which D undertakes the development of specialised software to
protect the computer systems of C’s business against unauthorised access. The contract is concluded in
a coffee shop in Durban. C’s business is situated in Johannesburg, and D lives in Durban. D fails to install
the software at C’s business premises. C wants the court to compel D to install the software.
(i) Will any magistrates’ court have jurisdiction in the matter? Refer to relevant case law. (6)
(ii) Will your answer to (i) above change if C sues D for the damages paid to install the software for R400
000? (4)
QUESTION 3
In terms of section 167 of the Constitution of 1996, the Constitutional Court is only a court of appeal in
constitutional matters, and is also the only court which may hear appeals in constitutional matters. Discuss
this statement (4)
Disclaimer
Briefly explain the purpose of the pre-trial conference in the magistrates’ courts. (3) Name the procedure to be
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
followed when variation
or warranties, express orof judgment
implied. is soughtis in
This document terms
to be usedof
forUniform Rule
comparison, 42. (1)and reference purposes ONLY. No part of this
research
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
[8] [30]
LLB EXAMPACKS & TUTORIALS.
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITONS.
Cell: 084 591 8661 Email:
Fax: 086 096 5452 www.llbexampacksandtutorials.co.za
