Civils 1 Questions
CIVIL PROCEDURE 1 QUESTION PACK:
GENERAL PRINCIPLES QUESTIONS:
a) Write short notes on the following:
(a) the passive role of the court in Anglo-American jurisdictions;
In South Africa the role of the judicial officer is p
Civil procedure in South Africa
South African civil procedure was merged with this page Interest
Civil procedure in South Africa sets out the rules and standards that courts follow in that
country when adjudicating civil suits (as opposed to procedures in
~Not really relevant in the grand scheme of things, but some intro stuff should be mentioned.
NOTE: numbering in here is not always the same as in the textbook!
1.1 What is the law of civil procedure?
Civil procedure falls under procedural law,
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INTRODUCTION TO CIVIL PR
Claims sounding in money:iii
Basic principles to establish jurisdiction is : WHERE DOES THE DEFENDANT LIVE?
Defendant is incola of
court(defendant must be
domiciled/resident within the
courts area of jurisdiction at the
time the action is instituted)
SU1 Substantive and Adjective Law
National classified into substantive and adjective law.
Adjective law covers law of evidence, civil procedure and criminal procedure
Differences and distinctions
Substantive law: the rules of substantive la
: Basic differences and distinctions between substantive and adjective law :
Substantive law and adjective law are dependent on one another. Substantive rights
could not be enforced if adjective law did not exist for this purpose. Adjective law is