May June 2020
QUESTION 1
Indicate the most accurate statement:
(1) When a claim for damages is instituted, the plaintiff must prove the guilt of the defendant.
(2) In civil proceedings, the parties comprise the complainant and the defendant.
(3) In civil proceedings, judgment will be granted in favour of the plaintiff if the defence raised by the
defendant is less probable than the claim proved by the plaintiff.
(NB: In civil proceedings, the burden of proof is on a balance of probabilities. This means that the court must be satisfied
that the version put forward by the plaintiff/applicant is more probable than that put forward by the
defendant/respondent)
(4) As in the case of a superior court, a magistrates’ court has discretion regarding its own
procedure.
QUESTION 2
Peter and Don are involved in a motor collision due to Don driving through a red traffic light under
the influence of alcohol. Peter sustains damages to his car, as well as personal injuries. Peter alleges
that his damages are due solely to Don’s negligence.
Indicate the most accurate statement:
(1) Peter is compelled by the state to institute civil proceedings against Don.
(2) Peter is compelled to lay criminal charges against Don.
(3) In the civil proceedings between Peter and Don the court may not interfere in the manner in
which they conduct the proceedings.
(4) If Don is acquitted in the criminal proceedings, this means that Peter has a minimal chance of
success if he later institutes civil proceedings.
QUESTION 1
Indicate the most accurate statement:
(1) When a claim for damages is instituted, the plaintiff must prove the guilt of the defendant.
(2) In civil proceedings, the parties comprise the complainant and the defendant.
(3) In civil proceedings, judgment will be granted in favour of the plaintiff if the defence raised by the
defendant is less probable than the claim proved by the plaintiff.
(NB: In civil proceedings, the burden of proof is on a balance of probabilities. This means that the court must be satisfied
that the version put forward by the plaintiff/applicant is more probable than that put forward by the
defendant/respondent)
(4) As in the case of a superior court, a magistrates’ court has discretion regarding its own
procedure.
QUESTION 2
Peter and Don are involved in a motor collision due to Don driving through a red traffic light under
the influence of alcohol. Peter sustains damages to his car, as well as personal injuries. Peter alleges
that his damages are due solely to Don’s negligence.
Indicate the most accurate statement:
(1) Peter is compelled by the state to institute civil proceedings against Don.
(2) Peter is compelled to lay criminal charges against Don.
(3) In the civil proceedings between Peter and Don the court may not interfere in the manner in
which they conduct the proceedings.
(4) If Don is acquitted in the criminal proceedings, this means that Peter has a minimal chance of
success if he later institutes civil proceedings.
