30 Questions
What is a key skill that a Candidate should develop according to the text?
Litigating effectively
Why should candidates understand the relationship between the profession and the Court?
To effectively navigate legal proceedings
What should candidates be able to advise clients on regarding their case?
The prospects of success and cost implications
Why should candidates act in accordance with ethical standards?
To uphold the integrity of the legal profession
What qualifications does this subject form part of?
National Certificate in Attorneys’ Practice
Why are candidates required to familiarize themselves with the Magistrates’ Courts Act and Rules?
To better understand legal procedures
What type of assignments will you be given during the casework sessions?
Subject-based assignments
What does the final summative examination form part of?
Broad-Based Skills Test (BBST) assessment
What sub-minimum percentage is required to pass the final Broad-Based Skills Test (BBST) assessment?
50%
What other subjects is this subject linked to?
Matrimonial Matters and Divorce
What will you be required to do in the casework sessions related to case studies?
Create client files, draft letters, draft pleadings, and prepare for trial
How is this subject related to High Court Practice and Legal Costs?
Forms part of Module 2.1 of the School curriculum together with them
What is the main purpose of the Magistrate’s Court Practice course?
To enable Candidates to litigate effectively in Magistrates’ Courts
In the training guide, what is the responsibility placed on the Candidates?
To stay updated on changes in the law through personal research
What role do the developmental questions in the guide play?
To help Candidates develop theoretical and practical skills
Why is it important for Candidates to have a thorough understanding of the course material?
To be able to litigate effectively in Magistrates’ Courts
What is the significance of South Africa's legislative changes mentioned in the text?
They suggest a need for frequent updating of legal knowledge
How can Candidates ensure their practice remains ethical, according to the text?
By reflecting high ethical standards at all times
What source of funding should be used to satisfy a final Court order against the State?
National Revenue Fund
How long does a Department have to satisfy a final Court order for the payment of money?
30 days
According to Section 3(3)(a)(i) and (ii), who can the judgment creditor serve the Court order on?
Executive authority, accounting officer, State Attorney, and relevant treasury
In relation to the National Credit Act, when can a credit provider commence legal proceedings to enforce a credit agreement?
After providing notice to the consumer as required
What is the specific section of the National Credit Act that regulates when a credit provider can commence legal proceedings?
Section 129(1)(b)
Who must meet the further requirements set out in Section 130 of the National Credit Act before commencing legal proceedings?
Credit provider
What type of assessment method involves explaining, drafting, and performing actions related to trial procedure?
Prepare for trial
Which action proceeding involves explaining, drafting, and performing all actions related to provisional sentence proceedings?
Explain, draft, and perform all actions related to provisional sentence proceedings
What type of exercise is used for preparing for a trial in the context provided?
Practical exercise using a factual/simulated scenario
Which activity involves explaining, drafting, and performing actions related to the execution of judgment?
Explain, draft, and perform all actions related to the execution of judgment
What does the BroadBased Skills Test (BBST) primarily involve?
Formative class discussion and simulated exercises
Which activity requires explaining, drafting, and performing actions related to appeal and review procedure?
Explain, draft, and perform all 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
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.
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