1
CLA1501: COMMERCIAL LAW IA Questions
and Answers (100% Correct Answers)
Already Graded A+
ADVOCATE Ans: An LLB graduate who has been admitted and
enrolled as an advocate
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of the High Court. When an advocate practises as such, he or she
is usually
Guru01 - Stuvia
also a member of a Bar. There is a Bar for each of the various
divisions of the
High Court. In order to become a member of a Bar, a candidate
must complete
a pupillage and pass the Bar examination. An advocate may
appear in any
court, except the small claims court. In terms of section 34(2)(a)(ii)
of the
Legal Practice Act 28 of 2014 an advocate may now render legal
services in
, 2
expectation of a fee upon receipt of a request directly from a
member of the
public, provided that he or she is in possession of a prescribed
certifi cate and
a trust account.
© 2025 Assignment Expert
APPEAL Ans: Taking a decision of a lower court to a higher court.
The person bringing
Guru01 - Stuvia
the appeal hopes to persuade the higher court to change the
decision of the
lower court. The person who takes the matter to a higher court is
called the
appellant, regardless of whether this party was the applicant or
the respondent
in the fi rst case, or whether this person was the plaintiff or the
defendant in
the first case (see "Defendant" and "Plaintiff" below).
ATTORNEY Ans: An LLB graduate who has passed the board
examination of the law society,
, 3
has completed articles of clerkship and has been admitted and
enrolled as
such by the High Court. Attorneys may appear in the lower and
the superior
courts. Attorneys have traditionally dealt directly with members of
the public
© 2025 Assignment Expert
who need legal advice or representation, but they may refer their
clients to
Guru01 - Stuvia
advocates. Apart from litigation, attorneys also give assistance in
all kinds of
legal matters such as the drawing up of contracts and wills.
CEDE Ans: To transfer, assign or hand over one's right to claim
something to another
person.
CLERK OF THE COURT Ans: The offi cial who receives and issues
legal documents and pleadings
in civil actions in the magistrate's court (see "Registrar" below).
, 4
CODIFIED Ans: Recorded in one comprehensive piece of
legislation. The Corpus Iuris Civilis
is a codifi cation of the Roman law, which was compiled during
the reign of
Emperor Justinian in the sixth century. South African law is not
codified.
© 2025 Assignment Expert
COMMON LAW Ans: This term is used in both a wide and a narrow
sense. In the wide
Guru01 - Stuvia
sense it is used to indicate law that is not contained in legislation
and in the
narrow sense it is used specifi cally to refer to the works of the old
authorities.
CONSTUTIONAL COURT Ans: The highest court in South Africa for
constitutional matters. Consist of Chief Justice of South Africa; The
Deputy Chief Justice; and nine judges.
DEFENDENT Ans: The person who is sued by the plaintiff in a civil
action. In certain types
of cases, the defendant is called the respondent.
CLA1501: COMMERCIAL LAW IA Questions
and Answers (100% Correct Answers)
Already Graded A+
ADVOCATE Ans: An LLB graduate who has been admitted and
enrolled as an advocate
© 2025 Assignment Expert
of the High Court. When an advocate practises as such, he or she
is usually
Guru01 - Stuvia
also a member of a Bar. There is a Bar for each of the various
divisions of the
High Court. In order to become a member of a Bar, a candidate
must complete
a pupillage and pass the Bar examination. An advocate may
appear in any
court, except the small claims court. In terms of section 34(2)(a)(ii)
of the
Legal Practice Act 28 of 2014 an advocate may now render legal
services in
, 2
expectation of a fee upon receipt of a request directly from a
member of the
public, provided that he or she is in possession of a prescribed
certifi cate and
a trust account.
© 2025 Assignment Expert
APPEAL Ans: Taking a decision of a lower court to a higher court.
The person bringing
Guru01 - Stuvia
the appeal hopes to persuade the higher court to change the
decision of the
lower court. The person who takes the matter to a higher court is
called the
appellant, regardless of whether this party was the applicant or
the respondent
in the fi rst case, or whether this person was the plaintiff or the
defendant in
the first case (see "Defendant" and "Plaintiff" below).
ATTORNEY Ans: An LLB graduate who has passed the board
examination of the law society,
, 3
has completed articles of clerkship and has been admitted and
enrolled as
such by the High Court. Attorneys may appear in the lower and
the superior
courts. Attorneys have traditionally dealt directly with members of
the public
© 2025 Assignment Expert
who need legal advice or representation, but they may refer their
clients to
Guru01 - Stuvia
advocates. Apart from litigation, attorneys also give assistance in
all kinds of
legal matters such as the drawing up of contracts and wills.
CEDE Ans: To transfer, assign or hand over one's right to claim
something to another
person.
CLERK OF THE COURT Ans: The offi cial who receives and issues
legal documents and pleadings
in civil actions in the magistrate's court (see "Registrar" below).
, 4
CODIFIED Ans: Recorded in one comprehensive piece of
legislation. The Corpus Iuris Civilis
is a codifi cation of the Roman law, which was compiled during
the reign of
Emperor Justinian in the sixth century. South African law is not
codified.
© 2025 Assignment Expert
COMMON LAW Ans: This term is used in both a wide and a narrow
sense. In the wide
Guru01 - Stuvia
sense it is used to indicate law that is not contained in legislation
and in the
narrow sense it is used specifi cally to refer to the works of the old
authorities.
CONSTUTIONAL COURT Ans: The highest court in South Africa for
constitutional matters. Consist of Chief Justice of South Africa; The
Deputy Chief Justice; and nine judges.
DEFENDENT Ans: The person who is sued by the plaintiff in a civil
action. In certain types
of cases, the defendant is called the respondent.
