Podcast
Questions and Answers
What is the primary purpose of letters of demand in pre-litigation issues?
What is the primary purpose of letters of demand in pre-litigation issues?
- To collect evidence for trial
- To inform the debtor of the debt and request payment (correct)
- To outline the defense strategy
- To initiate a court action
Which stage involves exchanging documents to narrow the issues before trial?
Which stage involves exchanging documents to narrow the issues before trial?
- Trial stage
- Pre-trial stage
- Pleadings stage (correct)
- Judgment stage
What is the term for the inquiry conducted under Section 65 regarding a debtor's financial status?
What is the term for the inquiry conducted under Section 65 regarding a debtor's financial status?
- Preliminary hearing
- Settlement conference
- Financial enquiry (correct)
- Liquidation process
Which procedure is typically invoked for emergency relief before a final judgment is rendered?
Which procedure is typically invoked for emergency relief before a final judgment is rendered?
In civil procedure, what is the standard of proof required from a plaintiff?
In civil procedure, what is the standard of proof required from a plaintiff?
What type of court action is initiated through pleadings followed by trial?
What type of court action is initiated through pleadings followed by trial?
Who among the following is typically responsible for presiding over a court hearing?
Who among the following is typically responsible for presiding over a court hearing?
Which of the following is not a formal source of law for civil procedure?
Which of the following is not a formal source of law for civil procedure?
What is the jurisdiction of the Supreme Court of Appeals?
What is the jurisdiction of the Supreme Court of Appeals?
Which court serves as the final court of appeal for constitutional issues?
Which court serves as the final court of appeal for constitutional issues?
What is the title used for the Presiding officer in the Magistrates' Court?
What is the title used for the Presiding officer in the Magistrates' Court?
Who is responsible for amending the rules in the legal system?
Who is responsible for amending the rules in the legal system?
Which official adjudicates on bills of costs?
Which official adjudicates on bills of costs?
What does locus standi refer to in legal terms?
What does locus standi refer to in legal terms?
Who is the administrative head of the High Court?
Who is the administrative head of the High Court?
What is one of the preliminary questions to consider in legal matters?
What is one of the preliminary questions to consider in legal matters?
What is one function of specific performance in civil procedure?
What is one function of specific performance in civil procedure?
Which court division is located in Grahamstown?
Which court division is located in Grahamstown?
Which of the following is NOT a type of relief granted in civil procedure?
Which of the following is NOT a type of relief granted in civil procedure?
What was the purpose of the Renaming of High Courts Act 30 of 2009?
What was the purpose of the Renaming of High Courts Act 30 of 2009?
In which division is the city of Pietermaritzburg located?
In which division is the city of Pietermaritzburg located?
The Superior Courts Act 10 of 2013 largely returned the court structure to which system?
The Superior Courts Act 10 of 2013 largely returned the court structure to which system?
Which of the following is an example of a Local Division?
Which of the following is an example of a Local Division?
What type of relief does ejectment provide?
What type of relief does ejectment provide?
Flashcards are hidden until you start studying
Study Notes
Civil Procedure as a Body of Law
- Payment of damages is a key legal remedy in civil disputes.
- Specific performance is often ordered by a court in contract law, compelling a party to fulfill their contractual obligations.
- Interdicts are orders from a court to do or refrain from doing a specific act, often used to prevent harm.
- Ejectment refers to the legal process of removing a person from property.
- Sequestration is the act of legally seizing assets to satisfy a debt or obligation.
- Divorce is a legal dissolution of marriage, governed by civil procedure.
The Courts
- District and Regional Magistrates' Courts handle local and less complex legal matters.
High Courts
-
High Courts are the superior provincial divisions, equivalent to the former Supreme Courts.
-
Provincial divisions include:
- Cape Provincial Division (Cape Town)
- Eastern Cape Division (Grahamstown)
- Northern Cape Division (Kimberley)
- Natal Provincial Division (Pietermaritzburg)
- Orange Free State Provincial Division (Bloemfontein)
- Transvaal Provincial Division (Pretoria)
-
Former TBVC states have individual divisions:
- Transkei General Division
- Boputhatswana General Division
- Ciskei General Division
- Venda Supreme Court
-
Local divisions include:
- Durban & Coast Local Division (Durban)
- Witwatersrand Local Division (Johannesburg)
- South-Eastern Cape Local Division (Port Elizabeth)
Changes in the Court Structure
-
The Renaming of High Courts Act 30 of 2009 established one uniform High Court with several branches across the nine provinces.
-
Current High Court divisions include provinces and designated locations:
- Eastern Cape HC (Bisho, Grahamstown, Port Elizabeth, Mthatha)
- Free State HC (Bloemfontein)
- KwaZulu-Natal HC (Durban, Pietermaritzburg)
- Limpopo HC (Thohoyandou)
- Northern Cape HC (Kimberley)
- Gauteng HC (Pretoria, Johannesburg)
- North West HC (Mafikeng)
- Western Cape HC (Cape Town)
-
The Superior Courts Act 10 of 2013 re-established a system resembling the original court structure, with both provincial and local divisions:
- Includes specific divisions for each province.
Supreme Court of Appeals
- The Supreme Court of Appeals, based in Bloemfontein, has jurisdiction over appeals from all South African courts.
Constitutional Court
- Located in Johannesburg, this court is the final authority for constitutional issues and handles all significant legal appeals.
Officials
- Court hierarchy includes:
- Constitutional Court officers.
- Supreme Court of Appeals: President, Deputy President, Judges of Appeal.
- High Court: Judge President and presiding judges.
- Magistrates' Court: Presiding officers referred to as "your worship" in court and by name outside the court.
Sources of Law
- Civil procedure relies on regularly amended rules set by rules boards.
- Acts can only be amended through parliamentary approval.
- Legal documents follow established forms and precedents.
General Overview
- Preliminary questions for clients include assessing cause of action, locus standi, and jurisdiction.
- Pre-litigation includes sending letters of demand, calculating legal time limits, serving documents, and deciding on action vs. application.
- Approaching court as a first instance involves distinct phases: pleadings, pre-trial, trial, and judgment.
- After a matter is heard in court, options include review for procedural irregularities or appeal to dispute findings.
Debt Collection Procedures
- Include financial inquiries under Section 65 and administration orders for debt sequestration.
Special Cases/Additional Procedures
- Encompass settlement, provisional sentence procedures, emergency relief, and interdicts.
- Handling cases involving multiple parties, declaration of rights, and stated cases.
Learning Outcomes
- Comprehend Civil Procedure's relation to substantive and criminal law.
- Understand the structure and locations of courts.
- Recognize official titles and forms of address for court officials.
- Identify key sources of law governing Civil Procedure.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
