CIV3701 MAY 2020 EXAM PACK: MCQ EXAM
QUESTIONS WITH ANSWERS SUPPORTED BY
MATERIAL EXPLANATIONS.
WRITTEN BY KOKETSO SILAS LEPAAKU
CALL: 072 439 6681 FOR HELP WITH FURTHER HELP
Below you will find each of the fifty multiple‐choice questions exactly as they appear
in the paper, followed by:
• a brief indication of which option is correct, and
• a concise rationale (referencing the Study Guide and, where relevant, Pete et
al Civil Procedure 3rd ed).
Where “SU” is used below, it refers to “Study Unit” in the Study Guide
(CIV3701/1/2019–2021) included in the extract above. The page references in
parentheses likewise refer to that Study Guide or the same‐numbered pages in Pete
et al (3rd ed) if indicated.
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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.
(4) As in the case of a superior court, a magistrates’ court has discretion regarding its
own procedure.
CORRECT OPTION: (3)
RATIONALE: In civil proceedings, liability is established “on a balance of
probabilities” (SU 1, p. 3). The statement in (3) expressing that judgment follows
if the plaintiff’s version is more probable is correct.
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QUESTION 2
Peter and Don are involved in a motor collision due to Don driving under the influence.
Indicate the most accurate statement:
(1) Peter is compelled by the state to institute civil proceedings …
(2) Peter is compelled to lay criminal charges …
(3) In the civil proceedings … the court may not interfere in the manner …
(4) … if Don is acquitted … minimal chance of success in civil proceedings.
CORRECT OPTION: (3)
, RATIONALE: Under the adversarial system, the court’s role is passive and does
not intervene unless requested by a party (SU 1, pp. 3–4).
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QUESTION 3
Indicate the most accurate statement:
(1) Traditional dispute resolution processes are grouped under the ADR system
…
(2) … reform of civil procedural law = cosmetic changes …
(3) Mediation is an ADR process … the mediator, like a judicial officer, adjudicates …
(4) Court‐annexed mediation … the judge or magistrate themselves mediate …
CORRECT OPTION: (1)
RATIONALE: Traditional/primary ADR processes share common characteristics
(informality, flexibility, etc.) and hence are grouped under ADR (SU 3, p. 15).
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QUESTION 4
Indicate the most accurate statement:
(1) The SA Superior Courts are creatures of statute because they are subject to the
Superior Courts Act …
QUESTIONS WITH ANSWERS SUPPORTED BY
MATERIAL EXPLANATIONS.
WRITTEN BY KOKETSO SILAS LEPAAKU
CALL: 072 439 6681 FOR HELP WITH FURTHER HELP
Below you will find each of the fifty multiple‐choice questions exactly as they appear
in the paper, followed by:
• a brief indication of which option is correct, and
• a concise rationale (referencing the Study Guide and, where relevant, Pete et
al Civil Procedure 3rd ed).
Where “SU” is used below, it refers to “Study Unit” in the Study Guide
(CIV3701/1/2019–2021) included in the extract above. The page references in
parentheses likewise refer to that Study Guide or the same‐numbered pages in Pete
et al (3rd ed) if indicated.
,─────────────────────────────────────────────────────
───────────────────
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.
(4) As in the case of a superior court, a magistrates’ court has discretion regarding its
own procedure.
CORRECT OPTION: (3)
RATIONALE: In civil proceedings, liability is established “on a balance of
probabilities” (SU 1, p. 3). The statement in (3) expressing that judgment follows
if the plaintiff’s version is more probable is correct.
─────────────────────────────────────────────────────
───────────────────
QUESTION 2
Peter and Don are involved in a motor collision due to Don driving under the influence.
Indicate the most accurate statement:
(1) Peter is compelled by the state to institute civil proceedings …
(2) Peter is compelled to lay criminal charges …
(3) In the civil proceedings … the court may not interfere in the manner …
(4) … if Don is acquitted … minimal chance of success in civil proceedings.
CORRECT OPTION: (3)
, RATIONALE: Under the adversarial system, the court’s role is passive and does
not intervene unless requested by a party (SU 1, pp. 3–4).
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QUESTION 3
Indicate the most accurate statement:
(1) Traditional dispute resolution processes are grouped under the ADR system
…
(2) … reform of civil procedural law = cosmetic changes …
(3) Mediation is an ADR process … the mediator, like a judicial officer, adjudicates …
(4) Court‐annexed mediation … the judge or magistrate themselves mediate …
CORRECT OPTION: (1)
RATIONALE: Traditional/primary ADR processes share common characteristics
(informality, flexibility, etc.) and hence are grouped under ADR (SU 3, p. 15).
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QUESTION 4
Indicate the most accurate statement:
(1) The SA Superior Courts are creatures of statute because they are subject to the
Superior Courts Act …
