Hcp-test-main-notes

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HCP TEST MAIN - NOTESLABOUR LAW (University of South Africa)Scan to open on StudocuStudocu is not sponsored or endorsed by any college or universityHCP TEST MAIN - NOTESLABOUR LAW (University of South Africa)Scan to open on StudocuStudocu is not sponsored or endorsed by any college or universityDownloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

TESTS & QUIZZES2023-2 HCP Main Return to Assessment ListPart 1 of 1 - 2023-1 HCP Main / 100.0 PointsQuestion 1 of 1001.0 PointsThe _______ is a senior official of the Department of Justice and is the head of the Court administration at every Provincial or Local Division. A. Judge B. Registrar C. Court Orderly D. Taxing Master Question 2 of 1001.0 Points_________________ must be made carefully and accurately and in accordance with the Attorney’s written mandate from his client. The client must be consulted at all times and the Attorney must keep the client well informed. A. Statements B. Settlement Offers C. Opinions D. Research Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 3 of 1001.0 PointsThe following must be set out in the founding affidavit supporting the application: A. The nature and extent of the applicants claim. B. The grounds upon which the claim is based and upon which the Court has jurisdiction to entertain the claim. C. All of them. D. The manner of service which the Court is requested to authorise. If such manner is one other than personal service, the last-known whereabouts of the person to be served and the inquiries made to ascertain his present whereabouts must be alleged. Question 4 of 1001.0 PointsThe examples of instances in which it is compulsory to use the action procedure are as follows: Indicate the one that does not fit in. A. Personal Injury Claims B. Motor vehicle accident claims C. Interdicts D. Divorce matters Question 5 of 1001.0 PointsThe principle of ____________ is well established in South African law. In terms of this principle a Lower Court is bound by the decisions of a Higher Court. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. stare decisis B. omnibus obligatibus C. lucri causa D. non obstante Question 6 of 1001.0 PointsDo not ____________ in correspondence, unless you are negotiating a settlement. A. elaborate B. litigate C. speculate D. play guessing games Question 7 of 1001.0 PointsIn terms of the amendment to Rule 17 on 22 June 2012, effective as from 27 July 2012, every summons shall be signed by the Attorney and shall contain an Attorney’s physical address, within _______________ of the office of the Registrar together with the Attorney’s postal address and, where available, the Attorney’s Fax address and electronic e-mail address. A. eight kilometres B. fifteen kilometres C. ten kilometres Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

D. eleven kilometres Question 8 of 1001.0 PointsDies non is the days between _____________________ (both inclusive) and shall not be counted in the time allowed for the delivery of any pleading. A. 15 December and 15 January B. 16 December and 16 January C. 16 December and 16 January D. 16 December and 15 January Question 9 of 1001.0 PointsLegal proceedings, whether instituted by way of summons or notice of motion are usually preceded by a _____________ to the other party claiming the relief which the party instituting the proceedings are seeking. A. letter B. notice C. demand D. request Question 10 of 1001.0 PointsDownloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

The ____________________, entitles a Court that would otherwise not have jurisdiction to hear a matter against a specific person to obtain the necessary jurisdiction based on the consent of such person, either by positive consent or negatively by not objecting to the capacity of the Courts to entertain the case against him. A. Doctrine of tenure B. Doctrine of laches C. Doctrine of Submission D. Doctrine of exoneration of liens Question 11 of 1001.0 PointsAny party dissatisfied with a judgment granted or direction given by the Registrar may, within _______ after he has acquired knowledge of such judgment or direction, set the matter down for reconsideration by the Court. (Rule 31(5)(d)). A. 10 days B. 20 days C. 21 days D. 15 days Question 12 of 1001.0 Points“____________________” of a document means the verification of any signature on it.A. Commissioning Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

B. Authentication C. Attestation D. Certifying Question 13 of 1001.0 PointsContingency fees are fixed fees by an Attorney for legal work done for a client. The contingency fee will usually be ____ of the amount awarded to a client in a Court case, if the client is successful in his/her case. The basis of the agreement between the Attorney and his/her client is on a “no-win-no-fee” basis.A. 30% B. 25% C. 35% D. 15% Question 14 of 1001.0 PointsThis is an application to preserve evidence to enable the applicant to obtain substantive relief later and is made ex parte. Retail Apparel (Pty) Ltd v Ensemble Trading 2243 CC and Others 2001 (4) SA 228 TPD sets out the degree of diligence and meticulousness with which ________ has to be served or executed and the consequences of a failure to meet that standard. A. a Mandament of Spolie order B. a Prohibition order C. an Anton Pillar order Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

D. a PIE order Question 15 of 1001.0 PointsNo person shall, save with the leave of the Court or the consent of all the parties to the suit, be entitled to call as a witness any person to give evidence as an expert upon any matter upon which the evidence of expert witnesses may be received unless he has, not less than ____ days after the close of pleadings if he is the plaintiff or ____ days after close of pleadings if he is the defendant, delivered a notice of his intention to do so. Not less than _____ days after close of pleadings if he is the plaintiff and not less than _______ days after the close of pleadings if he is the defendant, deliver a summary of such expert’s opinion and his reasons therefore.A. 30; 60; 90; 120 B. 30; 60; 30; 60 C. 30; 60; 60; 60 D. 30; 30; 60; 60 Question 16 of 1001.0 PointsThe ordinary quorum in civil matters is _______, unless the Judge President directs otherwise. The judgment of the majority of the judges is the judgment of the Court. A. three judges B. seven judges C. five judges D. four judges Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 17 of 1001.0 PointsRule 31(5)(c) provides that the Registrar must record any judgment or direction given by him. The Registrar shall grant judgment for costs in an amount of ________ plus the Sheriff’s fees if the value of the claim as stated in the summons, apart from any consent to jurisdiction, is within the jurisdiction of the Magistrate’s Court and, in other cases, unless the application for judgment requires costs to be taxed or the Registrar requires a decision on costs from the Court, ___________ plus the Sheriff’s fees.A. R300.00; R650.00 B. R200.00; R750.00 C. R300.00; R750.00 D. R200.00; R650.00 Question 18 of 1001.0 Points___________________________ can only be sued or subpoenaed with consent of the Judge President. A. Magistrates B. Prosecutors C. Judges of the High Court D. State Advocates Question 19 of 1001.0 PointsDownloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

The close of pleadings is a concept that is used to indicate that from a given moment the parties are no longer entitled to exchange pleadings. What is this called? A. Brevitatis causa B. Lis pendens C. Litis Contestatio D. Res judicata Question 20 of 1001.0 PointsThe ____________is an officer in the Registrar’s office who assists the Court in the orderly progress of the proceedings. A. Family Advocate B. Taxing Master C. Court Orderly D. Sheriff Question 21 of 1001.0 PointsSection 14 determines that a matter may be heard by a Court of a Division constituted before _______________ when sitting as a Court of first instance but where relevant it may be directed that more judges be appointed to hear the matter. A. two Judges B. one or more Judges Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

C. at least two Judges D. a single Judge Question 22 of 1001.0 PointsSelect the correct Court indication. A. Eastern Cape Division with its main seat in Grahamstown B. Eastern Cape Division with its main seat in Port Shepstone C. Eastern Division with its main seat in Grahamstown D. Cape Division with its main seat in Grahamstown Question 23 of 1001.0 PointsSection 13 provides that proceedings before the SCA must ordinarily be presided over by 5 judges, but the President of the SCA may direct that a civil or criminal appeal be heard before a Court consisting of at least _______ judges. A. three B. ten C. eleven D. eight Question 24 of 1001.0 PointsDownloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

If the Practitioner is drafting a claim for damages for ___________________, the causa must contain all the relevant information required by Rule 18(10) of the Rules of Court. A. defamation B. financial loss C. personal injury D. contractual breach Question 25 of 1001.0 PointsA simple summons must be signed by an ________________ and all other pleadings are signed by an ______________________ plus an Attorney authorised to appear in the High Court. A. Attorney; an Attorney and an Attorney, Attorney B. Attorney; an Attorney and an Advocate, Advocate C. Attorney; Attorney with the right to appear in the High Court, or by an Attorney and an Advocate, or an Attorney D. Advocate; an Attorney and an Advocate, Attorney Question 26 of 1001.0 PointsWithin ___ days after delivery of a replication, the defendant may deliver a rejoinder, where necessary, on the plaintiff’s replication.A. 5 B. 10 Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

C. 15 D. 20 Question 27 of 1001.0 PointsAll documents and tape recordings not privileged and relating to any matter in question in such action (whether such matter is one arising between the two parties concerned or not) and which are or have at any time been in the possession or control of such other party must, within ____ days after the other party request it by notice in writing, be discovered on affidavit. A. 5 B. 10 C. 15 D. 20 Question 28 of 1001.0 PointsIn terms of the Contingency Fees Act (“the Act”) of 1997, “normal fees” are those fees normally charged by an __________________ to do legal work for a client. A. Attorney/Advocate B. Attorney C. Advocate D. Advocate/trust bearing Advocate Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 29 of 1001.0 PointsIf an organ of state relies on a creditor’s failure to serve the required notice the creditor may apply to Court for _____________of such failure. A. condonation B. relief C. forgiveness D. setting aside Question 30 of 1001.0 PointsNo Court may issue any _____ operating as an interim interdict against the government of the Republic, a Provincial Administration or any Minister, Administrator, (now Premier of a Province) or other Officer of the government or administration in his capacity as such, unless notice of his attention to apply for such a Rule accompanied by copies of the application was served on the respondent at least 72 hours before the hearing of the application or such lesser period as the Court may consider to be reasonable in the curcumstances. A. order B. rule nisi C. restraint D. mandato Question 31 of 1001.0 PointsDecisions of the Supreme Court of Appeal are binding on every division of the High Court except the _______________. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. Small Claims Court B. Equality Court C. Labour Court D. Constitutional Court Question 32 of 1001.0 PointsIf there is no guardian for a minor, the Court must be approached by way of application so that a ___________________ may be appointed for him/her. A. curator B. trustee C. curator ad bonis D. curator ad litem Question 33 of 1001.0 PointsWhere an answering affidavit is delivered the Applicant may apply to the Registrar to allocate a date for the hearing of the application within ___ days of the delivery of his replying affidavit or, if no replying affidavit is delivered, ___ days after the expiry of the period of ____ days in which the second applicant could have filed his replying affidavit. A. 5; 5; 10 B. 5; 10; 10 C. 5; 5; 5 Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

D. 10; 10; 10 Question 34 of 1001.0 PointsThe High Court has unlike the inferior Courts, __________ jurisdiction. A. concurrent B. limited C. no D. inherent Question 35 of 1001.0 PointsLiability never originates in vacuo. It is always based on ____________, resulting in an obligation. A. a deduction B. a legal fact C. a suspicion D. evidence Question 36 of 1001.0 PointsIn general, _________ presides when a High Court sits as a Court of first instance in a civil matter. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. two judges B. three judges C. a single judge D. five judges Question 37 of 1001.0 PointsThe Constitutional Court is situated in __________________. A. Cape Town B. Johannesburg C. Bloemfontein D. Durban Question 38 of 1001.0 PointsIn the case of an appeal the ______________ is bound by the record. A. appellant B. plaintiff C. defendant D. respondent Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 39 of 1001.0 PointsA married woman may now sue or be sued without the assistance of her ____________. A. legal representative B. spouse C. guardian D. Curator Question 40 of 1001.0 PointsThis principle entails that the plaintiff must take the case to the forum of the defendant and institute action in the Court in whose area the debtor resides or carries on business. What is this principle called? A. Ratione domicilii B. Fairness and equity C. Stare Decisis D. Actor Sequitur Forum Rei Question 41 of 1001.0 PointsThe ________________ is appointed by the Minister in terms of Section 2 of the Administration of Estates Act 66 of 1965. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. High Court B. Registrar C. Commissioner D. Master Question 42 of 1001.0 PointsRule 57 makes provision for applications to the Court for orders declaring patients to be of unsound mind and as such . . . A. incapable of managing their affairs. B. by reason of some disability, mental or physical, incapable of managing their affairs, and appointing a curator to the persons or property of such patients to represent them in the proceedings. C. incapable of managing their affairs or, by reason of some disability, incapable of managing their affairs, and appointing a curator to the persons or property of such patients to represent them in the proceedings. D. incapable of managing their affairs or, by reason of some disability, mental or physical, incapable of managing their affairs, and appointing a curator to the persons or property of such patients to represent them in the proceedings. Question 43 of 1001.0 PointsThe ____________ is an officer of the Court in the office of the Registrar who must see to it that, where costs were awarded, the bills of costs of all Practitioners comply with the provisions of the Rules with regard to costs. A. Judge Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

B. Taxing Master C. Court Orderly D. Sheriff Question 44 of 1001.0 Points_______________ are the executive officers of the Court. A. Judges B. Registrars C. Court Orderlies D. Sheriffs Question 45 of 1001.0 PointsThe Application for Summary Judgment has to be done within ____________ after the defendant has pleaded. A. 15 days B. 10 days C. 30 days D. 20 days Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 46 of 1001.0 PointsNatural persons under the age of __ are called minors. A. 21 B. 16 C. 18 D. 15 Question 47 of 1001.0 PointsThe Institution of Legal Proceedings against Certain State Organs Act 40 of 2002, also prescribes that no process may be served before the expiry of a period of ______ after notice was served on the organ of state. If any process was served before the expiry of the ________ period, such process must be regarded as having been served on the first day after the expiry of such period. A. 60 Days, 45-day B. 45 Days, 60-day C. 30 Days, 30-day D. 60 Days, 60-day Question 48 of 1001.0 PointsLocus standi in judicio is the capacity to act as litigant i.e., the ______________ to sue or to be sued. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. opportunity B. capacity C. privilege D. right Question 49 of 1001.0 PointsAn interdict is an order of Court directing the Respondent to refrain from doing something (____________________) or to do something (______________________). A. a mandatory interdict; a prohibitory interdict B. a prohibitory interdict;, a mandatory interdict C. a prohibitory interdict; an order to compel D. an order to compel; a prohibitory interdict Question 50 of 1001.0 PointsPersons wilfully avoiding the execution of processes of the South African Courts through voluntary exile or hiding may not sue. They may, however, defend actions brought against them. These people are called... A. Diplomats B. Alien Enemies C. Fugitives from Justice Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

D. Members and Officers of Parliament Question 51 of 1001.0 Points__________________ are appointed for all the Judges. A. Judge's clerks B. Taxing Masters C. Court Orderlies D. Sheriffs Question 52 of 1001.0 PointsAfter expiration of _____________- from the date of judgment, no writ of execution can be issued unless a judgment debtor consents, or the Court revives the judgment on notice to the debtor. A. one year B. five years C. two years D. three years Question 53 of 1001.0 PointsDownloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

In claims for relief with regard to a real right or an immovable property, the Court will have jurisdiction if such real right or property is situated within the Court’s territorial limits. What is this called? A. Ratione domicilii B. Ratione rei sitae C. Stare Decisis D. Actor Sequitur Forum Rei Question 54 of 1001.0 PointsThe Provincial Divisions, in whose area of jurisdiction there is also a Local Division, have _______________ jurisdiction in respect of the area of the Local Division. This means that a Provincial Division exercises equal jurisdiction with the Local Division in the latter’s area. This does not apply vice versa. A. limited B. overall C. no D. concurrent Question 55 of 1001.0 PointsIn terms of the Mediation in Certain Divorce Matters Act 24 of 1987 the Minister appointed certain officials in the public service at each division of the High Court as __________ to exercise the powers and perform the duties granted to them under this Act or any other law. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. Family Advocates B. the Taxing Master C. Court Orderly D. Sheriff Question 56 of 1001.0 PointsSelect the correct Court indication. A. Mpumalanga Division, with its main seat in Barberton B. Mpumalanga Division, with its main seat in Middelburg C. Mpumalanga Division, with its main seat in Nelspruit D. Mpumalanga Division, with its main seat in Witbank Question 57 of 1001.0 PointsMinors between the ages of ___________________ have limited capacity to act. A. 7 and under 21 B. 7 and under 18 C. 9 and under 16 D. 9 and under 18 Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 58 of 1001.0 PointsIf mediation concludes before the __ days, the parties may file the Notice contemplated in sub-rule (7)(a) to confirm that the mediation has been completed. This is to ensure that the __-day suspension of time limits for Court processes can be uplifted earlier. A. 30; 30 B. 10; 20 C. 10; 15 D. 10; 25 Question 59 of 1001.0 PointsCertain limitations on the jurisdiction of the High Court are imposed by ___________ but more often by Statute. A. Common law B. The Constitution C. Court Rules D. Indigenous law Question 60 of 1001.0 PointsSection 28 of the Superior Courts Act further prohibits the attachment of property against a person who is a resident in South Africa in order to found _________________. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. a cause B. legality C. None of these D. jurisdiction Question 61 of 1001.0 PointsIn the case of an action in terms of the Compulsory Motor Vehicle Insurance Act 56 of 1972 or the Motor Vehicle Accident Act 84 of 1986 or the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 or the Road Accident Fund Act 56 of 1996, and on application of a party to such action that the question of liability (the merits) be decided separately, a Court can decide to separate the adjudication of the merits and the determination of the quantum, unless it appears that the question cannot be conveniently decided separately. In what case was this held? A. Zandry v Randle Yachts CC 2006 (5) SA 301 C B. Rauff v Standard Bank Properties 2002 (6) SA 693 WLD C. Brownlee v Brownlee presently unreported South Gauteng High Court case number 2008/25274 D. Grootboom v Graaff-Reinet Municipality 2001(3) SA 373 ECD Question 62 of 1001.0 PointsIn Chirwa v Transnet Limited & Others 2008 (4) SA 367 CC it was held that legislative intention did not confirm labour jurisdiction on High Court but to empower the Labour Court to deal with ______________________ disputes arising from employment relationships. A. criminal Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

B. constitutional C. civil D. labour Question 63 of 1001.0 PointsSection 12(1) provides that a matter before the Constitutional Court must be heard by at least ________ judges. A. nine B. ten C. eleven D. eight Question 64 of 1001.0 PointsWhen letters of ______ are written they must be phrased with great care, almost like a pleading –all essential allegations must be made clearly, but concisely. A. demand B. notice C. instruction D. request Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 65 of 1001.0 PointsSelect the one that is not an example of dilatory special plea. A. Arbitration B. Non-joinder C. Lis pendens D. Prescription Question 66 of 1001.0 PointsA review is brought by way of ______________. A. a simple summons B. a combined summons C. an action procedure D. a notice of motion Question 67 of 1001.0 PointsIn Rossouw v First Rand Bank Limited 2010(6) SA 439 SCA the following points of interest were raised: Paragraph 22 –evidently a credit provider may not commence legal proceedings to enforce its claim without complying with the injunction contained in __________________. A. Section 40(1)(b)(ii) B. Section 130 Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

C. Section 87(1) and (3) D. Section 129(1)(a) Question 68 of 1001.0 PointsCertain common law principles play an important role in the _________ law in the High Court, for example the common law principles regarding determination of jurisdiction. A. statutory B. general C. procedural D. substantive Question 69 of 1001.0 PointsWhen an appeal is noted against the judgment of a single Judge, the appeal is heard by _________ (where the Provincial Division hears the appeal) or by the SCA. A. three judges B. two judges C. seven judges D. five judges Question 70 of 1001.0 PointsDownloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A ____________________ does not raise a defence on the merits of the plaintiff’s claim but raises a special defence apart from the merits. A. notice of defence B. notice of bar C. special plea D. replication Question 71 of 1001.0 PointsThe Registrar determines the form and quantum of ________________ to be furnished in terms of Rule 47. A. rules B. damages C. security D. applications Question 1 of 1001.0 PointsThe _______ is a senior official of the Department of Justice and is the head of the Court administration at every Provincial or Local Division. A. Judge B. Registrar C. Court Orderly Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

D. Taxing Master Question 2 of 1001.0 Points_________________ must be made carefully and accurately and in accordance with the Attorney’s written mandate from his client. The client must be consulted at all times and the Attorney must keep the client well informed. A. Statements B. Settlement Offers C. Opinions D. Research Question 3 of 1001.0 PointsThe following must be set out in the founding affidavit supporting the application: A. The nature and extent of the applicants claim. B. The grounds upon which the claim is based and upon which the Court has jurisdiction to entertain the claim. C. All of them. D. The manner of service which the Court is requested to authorise. If such manner is one other than personal service, the last-known whereabouts of the person to be served and the inquiries made to ascertain his present whereabouts must be alleged. Question 4 of 1001.0 PointsDownloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

The examples of instances in which it is compulsory to use the action procedure are as follows: Indicate the one that does not fit in. A. Personal Injury Claims B. Motor vehicle accident claims C. Interdicts D. Divorce matters Question 5 of 1001.0 PointsThe principle of ____________ is well established in South African law. In terms of this principle a Lower Court is bound by the decisions of a Higher Court. A. stare decisis B. omnibus obligatibus C. lucri causa D. non obstante Question 6 of 1001.0 PointsDo not ____________ in correspondence, unless you are negotiating a settlement. A. elaborate B. litigate C. speculate D. play guessing games Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 7 of 1001.0 PointsIn terms of the amendment to Rule 17 on 22 June 2012, effective as from 27 July 2012, every summons shall be signed by the Attorney and shall contain an Attorney’s physical address, within _______________ of the office of the Registrar together with the Attorney’s postal address and, where available, the Attorney’s Fax address and electronic e-mail address. A. eight kilometres B. fifteen kilometres C. ten kilometres D. eleven kilometres Question 8 of 1001.0 PointsDies non is the days between _____________________ (both inclusive) and shall not be counted in the time allowed for the delivery of any pleading. A. 15 December and 15 January B. 16 December and 16 January C. 16 December and 16 January D. 16 December and 15 January Question 9 of 1001.0 PointsLegal proceedings, whether instituted by way of summons or notice of motion are usually preceded by a _____________ to the other party claiming the relief which the party instituting the proceedings are seeking. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. letter B. notice C. demand D. request Question 10 of 1001.0 PointsThe ____________________, entitles a Court that would otherwise not have jurisdiction to hear a matter against a specific person to obtain the necessary jurisdiction based on the consent of such person, either by positive consent or negatively by not objecting to the capacity of the Courts to entertain the case against him. A. Doctrine of tenure B. Doctrine of laches C. Doctrine of Submission D. Doctrine of exoneration of liens Question 11 of 1001.0 PointsAny party dissatisfied with a judgment granted or direction given by the Registrar may, within _______ after he has acquired knowledge of such judgment or direction, set the matter down for reconsideration by the Court. (Rule 31(5)(d)). A. 10 days B. 20 days C. 21 days Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

D. 15 days Question 12 of 1001.0 Points“____________________” of a document means the verification of any signature on it. A. Commissioning B. Authentication C. Attestation D. Certifying Question 13 of 1001.0 PointsContingency fees are fixed fees by an Attorney for legal work done for a client. The contingency fee will usually be ____ of the amount awarded to a client in a Court case, if the client is successful in his/her case. The basis of the agreement between the Attorney and his/her client is on a “no-win-no-fee” basis.A. 30% B. 25% C. 35% D. 15% Question 14 of 1001.0 PointsThis is an application to preserve evidence to enable the applicant to obtain substantive relief later and is made ex parte. Retail Apparel (Pty) Ltd v Ensemble Trading 2243 CC and Others 2001 (4) SA Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

228 TPD sets out the degree of diligence and meticulousness with which ________ has to be served or executed and the consequences of a failure to meet that standard. A. a Mandament of Spolie order B. a Prohibition order C. an Anton Pillar order D. a PIE order Question 15 of 1001.0 PointsNo person shall, save with the leave of the Court or the consent of all the parties to the suit, be entitled to call as a witness any person to give evidence as an expert upon any matter upon which the evidence of expert witnesses may be received unless he has, not less than ____ days after the close of pleadings if he is the plaintiff or ____ days after close of pleadings if he is the defendant, delivered a notice of his intention to do so. Not less than _____ days after close of pleadings if he is the plaintiff and not less than _______ days after the close of pleadings if he is the defendant, deliver a summary of such expert’s opinion and his reasons therefore.A. 30; 60; 90; 120 B. 30; 60; 30; 60 C. 30; 60; 60; 60 D. 30; 30; 60; 60 Question 16 of 1001.0 PointsThe ordinary quorum in civil matters is _______, unless the Judge President directs otherwise. The judgment of the majority of the judges is the judgment of the Court. A. three judges Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

B. seven judges C. five judges D. four judges Question 17 of 1001.0 PointsRule 31(5)(c) provides that the Registrar must record any judgment or direction given by him. The Registrar shall grant judgment for costs in an amount of ________ plus the Sheriff’s fees if the value of the claim as stated in the summons, apart from any consent to jurisdiction, is within the jurisdiction of the Magistrate’s Court and, in other cases, unless the application for judgment requires costs to be taxed or the Registrar requires a decision on costs from the Court, ___________ plus the Sheriff’s fees.A. R300.00; R650.00 B. R200.00; R750.00 C. R300.00; R750.00 D. R200.00; R650.00 Question 18 of 1001.0 Points___________________________ can only be sued or subpoenaed with consent of the Judge President. A. Magistrates B. Prosecutors C. Judges of the High Court D. State Advocates Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 19 of 1001.0 PointsThe close of pleadings is a concept that is used to indicate that from a given moment the parties are no longer entitled to exchange pleadings. What is this called? A. Brevitatis causa B. Lis pendens C. Litis Contestatio D. Res judicata Question 20 of 1001.0 PointsThe ____________is an officer in the Registrar’s office who assists the Court in the orderly progress of the proceedings. A. Family Advocate B. Taxing Master C. Court Orderly D. Sheriff Question 21 of 1001.0 PointsSection 14 determines that a matter may be heard by a Court of a Division constituted before _______________ when sitting as a Court of first instance but where relevant it may be directed that more judges be appointed to hear the matter. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. two Judges B. one or more Judges C. at least two Judges D. a single Judge Question 22 of 1001.0 PointsSelect the correct Court indication. A. Eastern Cape Division with its main seat in Grahamstown B. Eastern Cape Division with its main seat in Port Shepstone C. Eastern Division with its main seat in Grahamstown D. Cape Division with its main seat in Grahamstown Question 23 of 1001.0 PointsSection 13 provides that proceedings before the SCA must ordinarily be presided over by 5 judges, but the President of the SCA may direct that a civil or criminal appeal be heard before a Court consisting of at least _______ judges. A. three B. ten C. eleven D. eight Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 24 of 1001.0 PointsIf the Practitioner is drafting a claim for damages for ___________________, the causa must contain all the relevant information required by Rule 18(10) of the Rules of Court. A. defamation B. financial loss C. personal injury D. contractual breach Question 25 of 1001.0 PointsA simple summons must be signed by an ________________ and all other pleadings are signed by an ______________________ plus an Attorney authorised to appear in the High Court. A. Attorney; an Attorney and an Attorney, Attorney B. Attorney; an Attorney and an Advocate, Advocate C. Attorney; Attorney with the right to appear in the High Court, or by an Attorney and an Advocate, or an Attorney D. Advocate; an Attorney and an Advocate, Attorney Question 26 of 1001.0 PointsWithin ___ days after delivery of a replication, the defendant may deliver a rejoinder, where necessary, on the plaintiff’s replication.Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. 5 B. 10 C. 15 D. 20 Question 27 of 1001.0 PointsAll documents and tape recordings not privileged and relating to any matter in question in such action (whether such matter is one arising between the two parties concerned or not) and which are or have at any time been in the possession or control of such other party must, within ____ days after the other party request it by notice in writing, be discovered on affidavit. A. 5 B. 10 C. 15 D. 20 Question 28 of 1001.0 PointsIn terms of the Contingency Fees Act (“the Act”) of 1997, “normal fees” are those fees normally charged by an __________________ to do legal work for a client. A. Attorney/Advocate B. Attorney C. Advocate D. Advocate/trust bearing Advocate Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. Small Claims Court B. Equality Court C. Labour Court D. Constitutional Court Question 32 of 1001.0 PointsIf there is no guardian for a minor, the Court must be approached by way of application so that a ___________________ may be appointed for him/her. A. curator B. trustee C. curator ad bonis D. curator ad litem Question 33 of 1001.0 PointsWhere an answering affidavit is delivered the Applicant may apply to the Registrar to allocate a date for the hearing of the application within ___ days of the delivery of his replying affidavit or, if no replying affidavit is delivered, ___ days after the expiry of the period of ____ days in which the second applicant could have filed his replying affidavit. A. 5; 5; 10 B. 5; 10; 10 C. 5; 5; 5 D. 10; 10; 10 Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 34 of 1001.0 PointsThe High Court has unlike the inferior Courts, __________ jurisdiction. A. concurrent B. limited C. no D. inherent Question 35 of 1001.0 PointsLiability never originates in vacuo. It is always based on ____________, resulting in an obligation. A. a deduction B. a legal fact C. a suspicion D. evidence Question 36 of 1001.0 PointsIn general, _________ presides when a High Court sits as a Court of first instance in a civil matter. A. two judges B. three judges Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

C. a single judge D. five judges Question 37 of 1001.0 PointsThe Constitutional Court is situated in __________________. A. Cape Town B. Johannesburg C. Bloemfontein D. Durban Question 38 of 1001.0 PointsIn the case of an appeal the ______________ is bound by the record. A. appellant B. plaintiff C. defendant D. respondent Question 39 of 1001.0 PointsA married woman may now sue or be sued without the assistance of her ____________. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. legal representative B. spouse C. guardian D. Curator Question 40 of 1001.0 PointsThis principle entails that the plaintiff must take the case to the forum of the defendant and institute action in the Court in whose area the debtor resides or carries on business. What is this principle called? A. Ratione domicilii B. Fairness and equity C. Stare Decisis D. Actor Sequitur Forum Rei Question 41 of 1001.0 PointsThe ________________ is appointed by the Minister in terms of Section 2 of the Administration of Estates Act 66 of 1965. A. High Court B. Registrar C. Commissioner D. Master Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 42 of 1001.0 PointsRule 57 makes provision for applications to the Court for orders declaring patients to be of unsound mind and as such . . . A. incapable of managing their affairs. B. by reason of some disability, mental or physical, incapable of managing their affairs, and appointing a curator to the persons or property of such patients to represent them in the proceedings. C. incapable of managing their affairs or, by reason of some disability, incapable of managing their affairs, and appointing a curator to the persons or property of such patients to represent them in the proceedings. D. incapable of managing their affairs or, by reason of some disability, mental or physical, incapable of managing their affairs, and appointing a curator to the persons or property of such patients to represent them in the proceedings. Question 43 of 1001.0 PointsThe ____________ is an officer of the Court in the office of the Registrar who must see to it that, where costs were awarded, the bills of costs of all Practitioners comply with the provisions of the Rules with regard to costs. A. Judge B. Taxing Master C. Court Orderly D. Sheriff Question 44 of 1001.0 PointsDownloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

_______________ are the executive officers of the Court. A. Judges B. Registrars C. Court Orderlies D. Sheriffs Question 45 of 1001.0 PointsThe Application for Summary Judgment has to be done within ____________ after the defendant has pleaded. A. 15 days B. 10 days C. 30 days D. 20 days Question 46 of 1001.0 PointsNatural persons under the age of __ are called minors. A. 21 B. 16 C. 18 D. 15 Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 47 of 1001.0 PointsThe Institution of Legal Proceedings against Certain State Organs Act 40 of 2002, also prescribes that no process may be served before the expiry of a period of ______ after notice was served on the organ of state. If any process was served before the expiry of the ________ period, such process must be regarded as having been served on the first day after the expiry of such period. A. 60 Days, 45-day B. 45 Days, 60-day C. 30 Days, 30-day D. 60 Days, 60-day Question 48 of 1001.0 PointsLocus standi in judicio is the capacity to act as litigant i.e., the ______________ to sue or to be sued. A. opportunity B. capacity C. privilege D. right Question 49 of 1001.0 PointsAn interdict is an order of Court directing the Respondent to refrain from doing something (____________________) or to do something (______________________). Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. a mandatory interdict; a prohibitory interdict B. a prohibitory interdict;, a mandatory interdict C. a prohibitory interdict; an order to compel D. an order to compel; a prohibitory interdict Question 50 of 1001.0 PointsPersons wilfully avoiding the execution of processes of the South African Courts through voluntary exile or hiding may not sue. They may, however, defend actions brought against them. These people are called... A. Diplomats B. Alien Enemies C. Fugitives from Justice D. Members and Officers of Parliament Question 51 of 1001.0 Points__________________ are appointed for all the Judges. A. Judge's clerks B. Taxing Masters C. Court Orderlies D. Sheriffs Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 52 of 1001.0 PointsAfter expiration of _____________- from the date of judgment, no writ of execution can be issued unless a judgment debtor consents, or the Court revives the judgment on notice to the debtor. A. one year B. five years C. two years D. three years Question 53 of 1001.0 PointsIn claims for relief with regard to a real right or an immovable property, the Court will have jurisdiction if such real right or property is situated within the Court’s territorial limits. What is this called? A. Ratione domicilii B. Ratione rei sitae C. Stare Decisis D. Actor Sequitur Forum Rei Question 54 of 1001.0 PointsThe Provincial Divisions, in whose area of jurisdiction there is also a Local Division, have _______________ jurisdiction in respect of the area of the Local Division. This means that a Provincial Division exercises equal jurisdiction with the Local Division in the latter’s area. This does not apply vice versa. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. limited B. overall C. no D. concurrent Question 55 of 1001.0 PointsIn terms of the Mediation in Certain Divorce Matters Act 24 of 1987 the Minister appointed certain officials in the public service at each division of the High Court as __________ to exercise the powers and perform the duties granted to them under this Act or any other law. A. Family Advocates B. the Taxing Master C. Court Orderly D. Sheriff Question 56 of 1001.0 PointsSelect the correct Court indication. A. Mpumalanga Division, with its main seat in Barberton B. Mpumalanga Division, with its main seat in Middelburg C. Mpumalanga Division, with its main seat in Nelspruit D. Mpumalanga Division, with its main seat in Witbank Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 57 of 1001.0 PointsMinors between the ages of ___________________ have limited capacity to act. A. 7 and under 21 B. 7 and under 18 C. 9 and under 16 D. 9 and under 18 Question 58 of 1001.0 PointsIf mediation concludes before the __ days, the parties may file the Notice contemplated in sub-rule (7)(a) to confirm that the mediation has been completed. This is to ensure that the __-day suspension of time limits for Court processes can be uplifted earlier. A. 30; 30 B. 10; 20 C. 10; 15 D. 10; 25 Question 59 of 1001.0 PointsCertain limitations on the jurisdiction of the High Court are imposed by ___________ but more often by Statute. A. Common law Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

B. The Constitution C. Court Rules D. Indigenous law Question 60 of 1001.0 PointsSection 28 of the Superior Courts Act further prohibits the attachment of property against a person who is a resident in South Africa in order to found _________________. A. a cause B. legality C. None of these D. jurisdiction Question 61 of 1001.0 PointsIn the case of an action in terms of the Compulsory Motor Vehicle Insurance Act 56 of 1972 or the Motor Vehicle Accident Act 84 of 1986 or the Multilateral Motor Vehicle Accidents Fund Act 93 of 1989 or the Road Accident Fund Act 56 of 1996, and on application of a party to such action that the question of liability (the merits) be decided separately, a Court can decide to separate the adjudication of the merits and the determination of the quantum, unless it appears that the question cannot be conveniently decided separately. In what case was this held? A. Zandry v Randle Yachts CC 2006 (5) SA 301 C B. Rauff v Standard Bank Properties 2002 (6) SA 693 WLD C. Brownlee v Brownlee presently unreported South Gauteng High Court case number 2008/25274 D. Grootboom v Graaff-Reinet Municipality 2001(3) SA 373 ECD Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 62 of 1001.0 PointsIn Chirwa v Transnet Limited & Others 2008 (4) SA 367 CC it was held that legislative intention did not confirm labour jurisdiction on High Court but to empower the Labour Court to deal with ______________________ disputes arising from employment relationships. A. criminal B. constitutional C. civil D. labour Question 63 of 1001.0 PointsSection 12(1) provides that a matter before the Constitutional Court must be heard by at least ________ judges. A. nine B. ten C. eleven D. eight Question 64 of 1001.0 PointsWhen letters of ______ are written they must be phrased with great care, almost like a pleading –all essential allegations must be made clearly, but concisely. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. demand B. notice C. instruction D. request Question 65 of 1001.0 PointsSelect the one that is not an example of dilatory special plea. A. Arbitration B. Non-joinder C. Lis pendens D. Prescription Question 66 of 1001.0 PointsA review is brought by way of ______________. A. a simple summons B. a combined summons C. an action procedure D. a notice of motion Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 67 of 1001.0 PointsIn Rossouw v First Rand Bank Limited 2010(6) SA 439 SCA the following points of interest were raised: Paragraph 22 –evidently a credit provider may not commence legal proceedings to enforce its claim without complying with the injunction contained in __________________. A. Section 40(1)(b)(ii) B. Section 130 C. Section 87(1) and (3) D. Section 129(1)(a) Question 68 of 1001.0 PointsCertain common law principles play an important role in the _________ law in the High Court, for example the common law principles regarding determination of jurisdiction. A. statutory B. general C. procedural D. substantive Question 69 of 1001.0 PointsWhen an appeal is noted against the judgment of a single Judge, the appeal is heard by _________ (where the Provincial Division hears the appeal) or by the SCA. A. three judges B. two judges Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

C. seven judges D. five judges Question 70 of 1001.0 PointsA ____________________ does not raise a defence on the merits of the plaintiff’s claim but raises a special defence apart from the merits. A. notice of defence B. notice of bar C. special plea D. replication Question 71 of 1001.0 PointsThe Registrar determines the form and quantum of ________________ to be furnished in terms of Rule 47. A. rules B. damages C. security D. applications Question 72 of 1001.0 PointsA High Court has no jurisdiction to hear an appeal from _______________ Court. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. a Military B. a Labour C. a Lower D. an Equality Question 73 of 1001.0 PointsService of a subpoena must be affected by the ___________ in the manner prescribed. A. Prosecutor B. Sheriff C. SAPS D. Court Question 74 of 1001.0 PointsThe defendant must give a physical address within __________________ of the office of the Registrar where all documents in the action can be served upon him. A. 11 kilometres B. 10 kilometres C. 15 kilometres D. 8 kilometres Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 75 of 1001.0 PointsIn Application procedures parties are referred to as _____________ . A. applicant and defendant B. plaintiff and respondent C. applicant and respondent D. applicant and plaintiff Question 76 of 1001.0 PointsIn terms of the Constitution of the Republic of South Africa Act 108 of 1996 (Sections 165, 166(b), and (c), 168, 169 and Section 16 of Schedule 6) the High Court consists of the Constitutional Court, the ____________________ and such Provincial and Local Divisions with such areas of jurisdiction as described by law. A. Equality Court B. Labour Court C. Supreme Court of Appeal D. Maintenance Court Question 77 of 1001.0 PointsIf you are drafting a combined summons against a State organ pursuant to the Institution of Legal Proceedings Against Certain State Organs 2002, the drafter must allege compliance with Section 3 of the said Act in regard to the sending of a letter of demand within the ________ period from the date on which the debt became due. A. three month Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

B. two month C. one month D. six month Question 78 of 1001.0 PointsBefore litigation is instituted, it must first be determined __________________________. A. what the opening times of the Court is B. how far away the Court is C. if the Court is in the South Africa D. which Court has jurisdiction Question 79 of 1001.0 PointsRule 16A provides that if any person raises a constitutional issue in an _____________________, notice thereof shall be given to the Registrar at the time of filing the affidavit or pleading. A. action B. application C. none of these D. application or action Question 80 of 1001.0 PointsDownloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

In cases of claims that arise from delict the delict had to be committed within the area of jurisdiction of the Court. What is this called? A. Ratione delicti commissi B. Ratione contractus C. Ratione rei sitae D. Continentia causae Question 81 of 1001.0 PointsIn Resnick v Government of RSA and Another 2014(2) SA 377 WCC Davis J and Fortuin J balanced the rights of the landowner and the occupier and applied the concept “_______” which promotes the notion of humanity, of human beings to recognise the “other”, of values of solidarity, compassion and respect for human dignity. A. ubuntu B. reconciliation C. democracy D. affirmative action Question 82 of 1001.0 PointsThe general rule is that every ______________ with full legal capacity has the capacity to litigate. A. juristic entity B. minor C. mentally incapacitated person Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

D. natural person Question 83 of 1001.0 Points___________________________ is sought by way of application in order to protect the rights of the parties pending the finalisation of an action or application between them in which their rights will be finally determined. A. A temporary (or interim) interdict B. A final interdict C. A mandatory interdict D. A prohibitory interdict Question 84 of 1001.0 PointsThe defendant may serve a notice of bar on the plaintiff requiring him to deliver his declaration within ___ days after service of the notice. A. 20 days B. 10 days C. 30 days D. 5 days Question 85 of 1001.0 PointsThe key to successful litigation, especially in complicated High Court cases, includes __________________________. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. multiple consultations B. good relationship with the Judge C. good language skills D. meticulous file administration Question 86 of 1001.0 PointsThe requirements pertaining to various types of letters of demand in terms of a number of Statutes require the particular attention of the person drafting legal documents, especially drafting __________ in particulars of claim. A. a set of facts B. citations C. a causa D. prayers Question 87 of 1001.0 PointsThe Supreme Court of Appeal, situated in ______________, is purely a Court of Appeal. A. Bloemfontein B. Cape Town C. Durban D. Tshwane Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 88 of 1001.0 PointsIn ___________________________________ it was held that the ongoing violation of rights to dignity and privacy as enshrined in the Constitution was a ground for urgency. A. Transcend Productions (Pty) Ltd v Leach and Others 2001 (4) SA 33 (C) B. Ladychin Investments (Pty) Ltd v South African National Roads Agency Ltd and Others 2001(3) SA 344 NPD C. Prinsloo v RCP Media Ltd t/a Rapport 2003 (4) SA 456 T D. Fedsure Life Assurance Co Ltd v Worldwide Investment Holdings (Pty) Ltd and Others 2003 (3) SA 268 W Question 89 of 1001.0 PointsAs soon as the matter is set down, the complete application must be _________________________. See Rule 62(4). A. indexed B. paginated C. chronologically re-arranged D. indexed and paginated Question 90 of 1001.0 PointsThe authority of an Attorney to act on behalf of a party may within _______ after it has come to the notice of the party that such an Attorney is so acting, or with leave of the Court on good cause shown any time before judgment, be disputed. Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

A. 15 days B. 7 days C. 10 days D. 21 days Question 91 of 1001.0 PointsSelect the correct Court indication. A. North West Division, with its main seat in Modimolle B. North West Division, with its main seat in Pretoria C. North West Division, with its main seat in Mahikeng D. North West Division, with its main seat in Limpopo Question 92 of 1001.0 Points____________ application is an application in which the Applicant/s are not initially obliged to give notice to any other party. A. A liquidation B. A joinder of parties C. An appointment of curator D. An ex parte Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Question 93 of 1001.0 PointsThe Contingency Fees Act 66 of 1997 is an enabling statute in that it enables Legal Practitioners to enter into certain contingency agreements with their clients, which agreements were previously unlawful in terms of the common law on account of them facilitating gambling in law suits. These agreements are known as ‘________’ and are called maintenance and champerty.A. quota litis B. pacta dotalia C. pactum adiectum D. pactum de quota litis Question 94 of 1001.0 PointsJudges are appointed by the President from the ranks of Senior Advocates, Senior Attorneys and __________ on recommendation by the Judicial Services Commission. A. Magistrates B. Paralegals C. Senior Academics D. Politicians Question 95 of 1001.0 PointsNow known as “___________________” i.t.o the Legal Practice Act, 28 of 2014, Legal Practitioners are officers of the High Court properly qualified and admitted as such and must always act with the necessary dignity and respect towards the Court and towards each other. A. Lawyers Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

B. Legal Practitioners C. Attorneys D. Counsel Question 96 of 1001.0 PointsUnder normal circumstances a summons is issued on any Court day, i.e., ____________________________ A. weekdays from 9:30 a.m. to 1:00 p.m. and from 2:00 p.m. to 3:30 p.m. B. weekdays from 9:30 a.m. to 1:00 p.m. and from 2:00 p.m. to 3:00 p.m. C. weekdays from 9:00 a.m. to 1:00 p.m. and from 2:30 p.m. to 3:00 p.m. D. weekdays from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 3:00 p.m. Question 97 of 1001.0 PointsA defendant may (depending upon circumstances) raise the defence of the absence of jurisdiction by way of ___________________. A. a special plea or exception B. a special plea C. an ex parte application D. an exception Question 98 of 1001.0 PointsDownloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

Any process by which any legal proceedings are instituted must be served in the manner prescribed by the Rules of the ______________ for the service of process. A. High Court B. Uniform Court Rules C. Court in question D. Magistrate's Court Rules Question 99 of 1001.0 PointsNo party is entitled to obtain a writ of execution for the recovery of any costs awarded to him until those costs have been taxed by the _________ or agreed to in writing by the party concerned in a fixed sum. A. Commissioner B. Magistrate C. Registrar D. Taxing Master Question 100 of 1001.0 PointsA defendant/respondent has a right to approach the relevant High Court for an order to dismiss the action/application for ____________. A. lack of interest B. non-compliance of Court Rules C. want of prosecution Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472

D. the reason of death of one of the parties Downloaded by moeletsi tsehla (moeletsitsehla@gmail.com)lOMoARcPSD|2370472