A +
PREVIEW
QUESTION 1
(a) Briefly describe three methods which may be used to reform civil procedure. (6) (b) Briefly describe the doctrine of
effectiveness. (4) [10]
QUESTION 2
A drives through a red traffic light and collides with B's motor vehicle. B suffers damages in the amount of R420 000. B lives
and works in Johannesburg. A lives in Pretoria. B wishes to issue a summons against A in the magistrates' court for damages
suffered.
(a) Explain whether any regional magistrates' court be competent to exercise jurisdiction? (3)
DISTINCTION Footnotes and/or Bibliography
GUARANTEED!!! included. *
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations or warranties,
express or implied. This document is to be used for comparison, research, and reference purposes ONLY. No part of this document may be reproduced,
resold, or transmitted in any form or by any means without prior written permission from the Author. By making use of this document, you agree to fully
accept the consequences should you plagiarise or misuse this document. – STUDY BUDDY TUTOR SA
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITIONS.
Cell: 062 810 8624 Email:
, QUESTION 1
(a) Briefly describe three methods which may be used to reform civil procedure. (6) (b) Briefly
describe the doctrine of effectiveness. (4) [10]
QUESTION 2
A drives through a red traffic light and collides with B's motor vehicle. B suffers damages in the
amount of R420 000. B lives and works in Johannesburg. A lives in Pretoria. B wishes to issue a
summons against A in the magistrates' court for damages suffered.
(a) Explain whether any regional magistrates' court be competent to exercise jurisdiction? (3)
(b) Assume on the same facts that A owes B an amount of R20 000 for services rendered by B to A,
the amount which A admits. Will your answer in (a) above differ? Explain. (2)
(c) Briefly explain how the audi alteram partem principle finds application in the ordinary
application procedure. [7]
QUESTION 3
X wishes to issue summons against his neighbour, Y, for defamation. Answer the following
questions. Give reasons for your answers where required.
(a) Explain why X may not use an ordinary application to institute action against Y. (2)
(b) If Y gives notice of intention to defend within the dies induciae, explain fully why Z may not apply
for summary judgment. (2)
(c) Y does not wish to continue litigating, and wishes to end the litigation as soon as possible, but
without paying the full amount of the claim. Advise B how to achieve this objective. (1)
(d) Briefly explain to X and Y what the purpose is of a pre-trial conference in terms of Uniform Rule
37. (1)
(e) When the trial starts, X learns that an important witness is in the hospital and unable to testify
in court. Advise X of any two possible methods by which a witness may place his or her evidence
before court. (2) [8] Total [25]
PREVIEW
QUESTION 1
(a) Briefly describe three methods which may be used to reform civil procedure. (6) (b) Briefly describe the doctrine of
effectiveness. (4) [10]
QUESTION 2
A drives through a red traffic light and collides with B's motor vehicle. B suffers damages in the amount of R420 000. B lives
and works in Johannesburg. A lives in Pretoria. B wishes to issue a summons against A in the magistrates' court for damages
suffered.
(a) Explain whether any regional magistrates' court be competent to exercise jurisdiction? (3)
DISTINCTION Footnotes and/or Bibliography
GUARANTEED!!! included. *
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations or warranties,
express or implied. This document is to be used for comparison, research, and reference purposes ONLY. No part of this document may be reproduced,
resold, or transmitted in any form or by any means without prior written permission from the Author. By making use of this document, you agree to fully
accept the consequences should you plagiarise or misuse this document. – STUDY BUDDY TUTOR SA
PAST PAPERS & MEMOS, ASSIGNMENT MEMOS, NOTES, SUMMARIES & TUITIONS.
Cell: 062 810 8624 Email:
, QUESTION 1
(a) Briefly describe three methods which may be used to reform civil procedure. (6) (b) Briefly
describe the doctrine of effectiveness. (4) [10]
QUESTION 2
A drives through a red traffic light and collides with B's motor vehicle. B suffers damages in the
amount of R420 000. B lives and works in Johannesburg. A lives in Pretoria. B wishes to issue a
summons against A in the magistrates' court for damages suffered.
(a) Explain whether any regional magistrates' court be competent to exercise jurisdiction? (3)
(b) Assume on the same facts that A owes B an amount of R20 000 for services rendered by B to A,
the amount which A admits. Will your answer in (a) above differ? Explain. (2)
(c) Briefly explain how the audi alteram partem principle finds application in the ordinary
application procedure. [7]
QUESTION 3
X wishes to issue summons against his neighbour, Y, for defamation. Answer the following
questions. Give reasons for your answers where required.
(a) Explain why X may not use an ordinary application to institute action against Y. (2)
(b) If Y gives notice of intention to defend within the dies induciae, explain fully why Z may not apply
for summary judgment. (2)
(c) Y does not wish to continue litigating, and wishes to end the litigation as soon as possible, but
without paying the full amount of the claim. Advise B how to achieve this objective. (1)
(d) Briefly explain to X and Y what the purpose is of a pre-trial conference in terms of Uniform Rule
37. (1)
(e) When the trial starts, X learns that an important witness is in the hospital and unable to testify
in court. Advise X of any two possible methods by which a witness may place his or her evidence
before court. (2) [8] Total [25]
