QUESTION $1$

Indicate the most accurate statement:

A$)$ A litigant who is dissatisfied with the outcome of a matter, always has one appeal as of right.

B$)$ A court hearing an appeal from a lower court, as in the case of a court of first instance, consists of a single judge.

C$)$ The Constitutional Court is the highest court of appeal in respect of all civil matters.

D$)$ An appeal from a magistrates$$ court may only be noted against a decision which is final in effect

QUESTION $2$

Indicate the most accurate statement:

A$)$ A rule nisi applies only to ex parte applications.

B$)$ An affidavit in application proceedings may, as a rule, not contain hearsay evidence, and if it does, it may not on application be amended.

C$)$ An interlocutory application is brought by way of a notice.

D$)$ All types of application must be served by the sheriff.

QUESTION $3$

C and D enter into a contract in Durban in terms of which C has to deliver goods to D$$s business premises in Bloemfontein. Despite demand C fails to deliver the goods. C lives in Pietermaritzburg and D lives in Johannesburg. D intends issuing summons against C for delivery of the goods. Indicate the statement which is the most accurate:

A$)$ Only the magistrates$$ courts of Johannesburg and Pietermaritzburg will hear the matter.

B$)$ Only the magistrates$$ courts of Durban and Pietermaritzburg will have jurisdiction to hear the matter.

C$)$ Only the magistrates$$ courts of Durban, Pietermaritzburg and Bloemfontein will have jurisdiction to hear the matter.

D$)$ Only the magistrate$$s court of Pietermaritzburg will have jurisdiction to hear the matter.

QUESTION $4$

Indicate the most accurate statement:

A$)$ The Supreme Court of Appeal is competent to hear only non$-$constitutional matters.

B$)$ Only the Constitutional Court may adjudicate on any alleged violation of a fundamental right entrenched under Chapter $2$ of the Constitution, $1996.$

C$)$ Disputes concerning the constitutional status, powers or functions between organs of state in the national or provincial spheres may only be adjudicated by the Constitutional Court.

D$)$ A magistrate$$s court is not competent to adjudicate upon the validity of any legislation but may pronounce upon the validity of the exercise of executive powers by the President.

QUESTION $5$

Indicate the most accurate statement. A High Court may exercise jurisdiction ad fundandam iurisdictionem if:

A$)$ Both the plaintiff and the defendant are peregrini of the court concerned, and attachment has taken place.

B$)$ The defendant is a peregrinus of the court concerned, but an incola of the Republic, provided that attachment has taken place.

C$)$ The plaintiff is an incola of the court concerned and the defendant is a peregrinus of such court as well as of the Republic, in an instance where the cause of action did not arise within the area of jurisdiction of the court concerned, provided attachment has taken place.

D$)$ Attachment has taken place in an instance where the defendant is a peregrinus of the court concerned and of the whole Republic, irrespective of whether the plaintiff is an incola or peregrinus of the court concerned, provided that the cause of action has arisen within the court$$s area of jurisdiction.

QUESTION $6$

Indicate the most accurate statement:

A$)$ An offer to settle in terms of Uniform Rule $34$ can be used in both summons and application proceedings.

B$)$ A judgment can only be delivered at the end of a trial, because the court is only competent to deliver a judgment after hearing and properly considering the evidence.

C$)$ If a party intends instituting an action and a document which is vital in support of the claim is in the possession of a party who is to become the defendant in such an action, the prospective plaintiff may request the prospective defendant to make discovery thereof in terms of Uniform Rule $35.$

D$)$ Only viva voce evidence may be given by a witness in open court.

QUESTION $7$

Indicate the most accurate statement:

A$)$ A court may exercise divorce jurisdiction only if both or either of the parties are$/$is domiciled in the Republic on the date on which the action is instituted.

B$)$ A court may exercise divorce jurisdiction only if both or either of the parties are$/$is resident in its area of jurisdiction on the date on which the action is instituted and has$/$have been ordinarily resident in the Republic for a period of not less than one year immediately prior to the institution of the action.

C$)$ A court may exercise divorce jurisdiction if both or either of the parties are$/$is ordinarily resident in its area of jurisdiction on the date on which the action is instituted and has$/$have been ordinarily resident in the Republic for a period of not less than one year immediately prior to the institution of the action.

D$)$ A court may exercise divorce jurisdiction if both or either of the parties are$/$is domiciled in the Republic on the date on which the action is instituted and the parties are$/$is resident in its area of jurisdicti