CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 26 September 2024

CIV3701 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 26 September 2024 ; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us... Question 1 Answer saved Marked out of 1.00 Flag question Question text Indicate the most accurate statement: a. When a claim for damages is instituted, the plaintiff must prove the guilt of the defendant. b. The Uniform Rules of Court are a common set of rules that uniformly regulate the conduct of the proceedings in the magistrates courts. c. Since the rules exist for the courts, a High Court may condone a litigant's non-compliance with the rules. d. The Minister of Justice and the Rules Board may make rules relating to the manner in which the Constitutional Court may be engaged. Clear my choice Question 2 Not yet answered Marked out of 1.00 Flag question Question text Indicate the most accurate statement. During the trial it becomes clear that X concealed certain documents which were prejudicial to his case and lied about their existence. At the end of the trial Y s advocate argues that in these circumstances it would be appropriate for the court to make the following costs order: a. de bonis propriis against X. b. party-and-party costs against X. c. attorney-and-client costs against X. d. that costs should be costs in the cause. Question 3 Not yet answered Marked out of 1.00 Flag question Question text Indicate the most accurate statement: a. Although the general rule is that evidence must be given viva voce and in open court, the court may, for sufficient reasons, order that evidence be given on affidavit. b. A notice of intention to defend is the first of the pleadings that are exchanged between litigating parties. c. Passengers of a minibus suffer damage in that their personal possessions are either damaged or destroyed in a collision. Because actions for damages tend to be of a protracted nature and most passengers involved suffer financial hardship while the action drags on, the passengers may, in terms of Uniform Rule 34A apply to court for interim payment. d. If a plaintiff issues two summonses against the same defendant on the same cause of action in two different courts, the defendant may approach the court to have the more recent summons struck out on the ground that such summons is vexatious. Clear my choice Question 4 Not yet answered Marked out of 1.00 Flag question Question text Indicate the most accurate statement. A submission to the jurisdiction of a High Court occurs when: a. both parties to the action are foreign peregrini and the cause of action has occurred outside the court's area of jurisdiction. b. both parties to the action are incolae of the court concerned. c. the plaintiff is an incola of the court concerned and the defendant is an incola of another South African Court, the cause of action has occurred outside the court's area of jurisdiction. d. the plaintiff is a local peregrinus and the defendant is a foreign peregrinus and the cause of action has occurred within the court's area of jurisdiction. Question 5 Not yet answered Marked out of 1.00 Flag question Question text Indicate the most accurate statement: a. A litigant who is dissatisfied with the outcome of a matter, always has one appeal as of right. b. In the magistrates court, a power of attorney must be filed with the registrar or clerk of the court as proof of mandate before a summons may be issued. c. An appeal from a magistrates court may only be noted against a decision which is final in effect. d. As in the case of a superior court, a magistrates court has a discretion regarding its own procedure. Clear my choice Question 6 Not yet answered Marked out of 1.00 Flag question Question text Indicate the most accurate statement: a. The South African High Courts are creatures of statute because they are subject to the provisions of the Superior Courts Act, 2013. b. In civil proceedings, the parties comprise the complainant and the defendant. c. 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. d. The Constitutional Court is the highest court of appeal in respect of all civil matters. Question 7 Not yet answered Marked out of 1.00 Flag question Question text Indicate the most accurate statement. X has a claim against B for damages in the amount of R220 000. However, X owes B R30 000 for goods which B has sold and delivered to him: a. If X deducts R30 000 from his claim in terms of section 39 of the Magistrates Courts Act 32 of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will award R190 000 as damages. b. If X abandons R30 000 from his claim in terms of section 38 of the Magistrates Courts Act 32 of 1944, and thereupon succeeds in proving that B is liable for R190 000, the court will award R190 000 as damages. c. If X does not rely on section 38 or 39 of the Magistrates Courts Act 32 of 1944, there is no other way in which he will be able to bring this action within the jurisdiction of the district magistrates courts. d. X is entitled to claim R200 000 from B and thereafter institute an action for the balance of this claim, namely R30 000. Clear my choice Question 8 Not yet answered Marked out of 1.00 Flag question Question text Indicate the most accurate statement: a. The only factor which determines whether proceedings may be instituted by way of application proceedings or by way of summons proceedings, is whether a material dispute of fact exists between the parties. b. Y delivers a plea on the merits because she wishes to give notice that she intends defending the action. c. X is of the opinion that Y does not have a bona fide defence and that she has entered an appearance simply to delay the action. Consequently, X applies for summary judgment. d. X is of the opinion that Y s plea on the merits does not sustain a defence, and therefore he objects to Y's plea by raising an exception. Question 9 Not yet answered Marked out of 1.00 Flag question Question text Indicate the most accurate statement: a. An offer to settle in terms of Uniform Rule 34 may be used in both summons and application proceedings. b. The three sets of affidavits which are usually exchanged between the parties in application proceedings are the supporting affidavit, the answering affidavit and the replication. c. A power of attorney usually seeks to define the extent of an attorney's mandate. d. Urgent applications are used when the relief sought is a preliminary step in the proceedings. Clear my choice Question 10 Not yet answered Marked out of 1.00 Flag question Question text Indicate the most accurate statement: a. Ordinary application proceedings must be commenced on notice. b. A court hearing an appeal from a lower court, as in the case of a court of first instance, consists of a single judge. c. In reply to a defendant's counterclaim, a defendant in reconvention may file a replication in reconvention. d. A party wishing to demand security for costs from his or her opponent in the magistrates court may approach the clerk of the court or the registrar for an order directing the party to furnish such security