Podcast
Questions and Answers
What is a key skill that a Candidate should develop according to the text?
What is a key skill that a Candidate should develop according to the text?
- Singing
- Litigating effectively (correct)
- Cooking
- Dancing
Why should candidates understand the relationship between the profession and the Court?
Why should candidates understand the relationship between the profession and the Court?
- To learn how to bake cookies
- To effectively navigate legal proceedings (correct)
- To advise clients on fashion trends
- To understand different musical genres
What should candidates be able to advise clients on regarding their case?
What should candidates be able to advise clients on regarding their case?
- The best vacation spots
- The most popular social media platforms
- The latest movie releases
- The prospects of success and cost implications (correct)
Why should candidates act in accordance with ethical standards?
Why should candidates act in accordance with ethical standards?
What qualifications does this subject form part of?
What qualifications does this subject form part of?
Why are candidates required to familiarize themselves with the Magistrates’ Courts Act and Rules?
Why are candidates required to familiarize themselves with the Magistrates’ Courts Act and Rules?
What type of assignments will you be given during the casework sessions?
What type of assignments will you be given during the casework sessions?
What does the final summative examination form part of?
What does the final summative examination form part of?
What sub-minimum percentage is required to pass the final Broad-Based Skills Test (BBST) assessment?
What sub-minimum percentage is required to pass the final Broad-Based Skills Test (BBST) assessment?
What other subjects is this subject linked to?
What other subjects is this subject linked to?
What will you be required to do in the casework sessions related to case studies?
What will you be required to do in the casework sessions related to case studies?
How is this subject related to High Court Practice and Legal Costs?
How is this subject related to High Court Practice and Legal Costs?
What is the main purpose of the Magistrate’s Court Practice course?
What is the main purpose of the Magistrate’s Court Practice course?
In the training guide, what is the responsibility placed on the Candidates?
In the training guide, what is the responsibility placed on the Candidates?
What role do the developmental questions in the guide play?
What role do the developmental questions in the guide play?
Why is it important for Candidates to have a thorough understanding of the course material?
Why is it important for Candidates to have a thorough understanding of the course material?
What is the significance of South Africa's legislative changes mentioned in the text?
What is the significance of South Africa's legislative changes mentioned in the text?
How can Candidates ensure their practice remains ethical, according to the text?
How can Candidates ensure their practice remains ethical, according to the text?
What source of funding should be used to satisfy a final Court order against the State?
What source of funding should be used to satisfy a final Court order against the State?
How long does a Department have to satisfy a final Court order for the payment of money?
How long does a Department have to satisfy a final Court order for the payment of money?
According to Section 3(3)(a)(i) and (ii), who can the judgment creditor serve the Court order on?
According to Section 3(3)(a)(i) and (ii), who can the judgment creditor serve the Court order on?
In relation to the National Credit Act, when can a credit provider commence legal proceedings to enforce a credit agreement?
In relation to the National Credit Act, when can a credit provider commence legal proceedings to enforce a credit agreement?
What is the specific section of the National Credit Act that regulates when a credit provider can commence legal proceedings?
What is the specific section of the National Credit Act that regulates when a credit provider can commence legal proceedings?
Who must meet the further requirements set out in Section 130 of the National Credit Act before commencing legal proceedings?
Who must meet the further requirements set out in Section 130 of the National Credit Act before commencing legal proceedings?
What type of assessment method involves explaining, drafting, and performing actions related to trial procedure?
What type of assessment method involves explaining, drafting, and performing actions related to trial procedure?
Which action proceeding involves explaining, drafting, and performing all actions related to provisional sentence proceedings?
Which action proceeding involves explaining, drafting, and performing all actions related to provisional sentence proceedings?
What type of exercise is used for preparing for a trial in the context provided?
What type of exercise is used for preparing for a trial in the context provided?
Which activity involves explaining, drafting, and performing actions related to the execution of judgment?
Which activity involves explaining, drafting, and performing actions related to the execution of judgment?
What does the BroadBased Skills Test (BBST) primarily involve?
What does the BroadBased Skills Test (BBST) primarily involve?
Which activity requires explaining, drafting, and performing actions related to appeal and review procedure?
Which activity requires explaining, drafting, and performing actions related to appeal and review procedure?
Study Notes
Course Overview
- The course is Magistrate's Court Practice, which is part of the National Certificate in Attorneys' Practice.
- It forms part of Specific Outcomes 1 and 2 of SAQA Unit Standard ID 116088: Applying the Practical Aspects of Trial Advocacy.
Course Objectives
- Develop the ability to litigate effectively
- Be able to advise clients and execute their instructions
- Develop the necessary skills to draft notices, pleadings, etc.
- Understand the relationship between the profession and the Court
- Act in accordance with all ethical standards applicable to this profession
Assignments and Assessments
- Case studies will cover the action and motion process, requiring simulation of events from consultation to trial.
- Formative assessments through class discussions, mini-tests, and self-assessment assignments will take place throughout the training.
- A final summative examination will be written on a date to be confirmed.
- The subject will form part of the final Broad-Based Skills Test (BBST) assessment.
Topics Covered
- Institute action proceedings
- Draft particulars of claims
- Apply for default judgment
- Explain, draft, and perform all actions related to procedure if an action is defended
- Prepare for trial
- Explain, draft, and perform all actions related to trial procedure
- Apply application proceedings
- Explain, draft, and perform all actions related to provisional sentence proceedings
- Explain, draft, and perform all actions related to the execution of judgment
- Explain, draft, and perform all actions related to interpleader summons proceedings
- Explain, draft, and perform all actions related to appeal and review procedure
Important Notes
- Reference to a particular gender should, unless the context indicates otherwise, be construed as to include all other genders.
- Candidates are required to familiarise themselves with the Magistrates' Courts Act and Rules in their entirety.
- The course is highly practical and requires staying abreast of changes within the law through own research.
Legislation
- The Magistrates' Courts Act and Rules
- The National Credit Act No. 34 of 2005
- Section 3(3)(a)(i) and (ii) of the Magistrates' Courts Act
- Section 129(1)(b) of the National Credit Act
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Description
Introduction to the course on Magistrate’s Court Practice, focusing on civil procedure in Magistrates’ Courts from taking instructions to appeal and review. The course aims to provide a practical understanding for effective litigation.
