Lesson 12 (Part 1): Learning Unit 12 (Different legal disputes)

LESSON 12: LEARNING UNIT 12 (DIFFERENT LEGAL DISPUTES AND THE COURTS)

PART 1 (DIFFERENT LEGAL DISPUTES)

PART 2 (THE COURTS)

Dear ILW1501 Students

Welcome to the first part of Lesson 12! Since Learning Unit 12 (on which Lesson 12 is based) is quite
a long and very important unit, we decided to divide Lesson 12 into two parts.

Part 1 deals with the different legal disputes.

Part 2 will deal with the most important courts in South Africa and the basic concepts relating to
the operation of the courts.

In Lesson 12 (Part 1) we provide you with an extra non-compulsory self-assessment MCQ

activity on Learning Unit 12 of the Study Guide. It consists of 15 multiple-choice questions
(MCQs). Each MCQ is followed by its answer, detailed feedback and comments.

Before attempting this lesson, make sure that you know why the extra non-compulsory self-
assessment MCQ activities on the learning units of the Study Guide in the lessons are important
and how to attempt the lessons. Read in this regard Parts 1 and 2 of the "Study Plan for ILW1501"
uploaded under "Additional Resources" on the ILW1501 site.

FOCUS AREAS

Before we get into the feedback to each question of Lesson 12 (Part 1), we would like to provide a
recap of the focus areas (i.e. more detailed learning outcomes) to Learning Unit 12, specifically the
section on the different kinds of legal disputes.

Since our recap of the focus areas of Lesson 12 (Part 1) contains tables and diagrams, we have
uploaded the focus areas in a file under "Additional Resources".

MCQs, ANSWERS, FEEDBACK AND COMMENTS

Question 1

Which of the following statements about a civil dispute is incorrect?

a. A civil dispute is a private-law matter between individuals.

b. A civil dispute is a public-law matter in which the state is involved.

c. One party to a civil dispute may decide to institute a claim.

d. The other party to a civil dispute may decide to defend the claim.

Answer 1

This is a straightforward, easy question about the nature of a civil case. It consists of a stem/question
and a set of answers/ four options.

Did you notice that the question is phrased in the negative? Please read your MCQs very carefully.
Students often miss the negative!
Let us look at the different options:

Option a is correct because a civil dispute is a private-law matter between individuals. [Learning Unit
12, p 233]

Taking into consideration that option a is correct, option b must be incorrect because a civil dispute
is not a public-law matter in which the state is involved. [Learning Unit 12, pp 233-234 and p 238]

Since option b is incorrect, options c and d must be correct by way of elimination. [Learning Unit 12,
p 233]

Option b is incorrect and therefore the option you had to choose.

Question 2

Who are the parties to a civil case in a magistrate’s court?

a. plaintiff and the defendant

b. state and the appellant

c. plaintiff and the respondent

d. applicant and the complainant

Answer 2

This question consists of a stem/question and a set of answers/ four options.

It is a straightforward, easy question that tests whether you know who the parties in a civil case in
the magistrate’s court are. If you know your study material well, you should in fact be able to answer
this question without even looking at the options.

Option a, referring to the plaintiff and the defendant, is clearly correct as options b, c and d do not
reflect the parties that are involved in a civil case in the magistrate’s court. [Learning Unit 12, p
233]

Question 3

Which two types of civil proceedings can legal practitioners use to institute civil cases?

a. appeal and review proceedings

b. action and defence proceedings

c. action and application proceedings

d. summons and trial proceedings

Answer 3

Question 3 also consists of a stem/question and a set of answers/ four options.

It is also a straightforward, easy question that you should be able to answer without even looking at
the options.
The two types of civil proceedings which a legal practitioner can use to institute a civil
matter are action and application proceedings. Therefore, option c is correct. [Learning Unit 12, p
234]

Question 4

The following statements reflect the difference between action and application proceedings. Which
statement is incorrect?

a. In action proceedings there are fundamental differences between the parties with regards to the
facts of the case whereas in application proceedings the only real issues to be decided are the points
of law.

b. Action proceedings are instituted by the plaintiff by way of summons whereas application
proceedings are instituted by the applicant by way of a notice of motion.

c. In action proceedings the reason for instituting the action can be a delict, a contract, or a divorce
whereas in application proceedings the reason for the application can be a form of relief or a court
order.

d. There are two types of action proceedings, namely actions with notice of motion or ex
parte notice of motion actions whereas there is only one type of application proceeding.

Answer 4

This question consists of a stem/question and a set of answers/ four options. Did you see
the negative or did you miss it?

The question may appear easy, but it is more complex because we want to determine whether you
can distinguish between action and application proceedings. If you drafted and completed the table
on civil proceedings as we suggested in the focus areas above, you will find the question easy.

Let us look at the different options:

Option a: In action proceedings there are fundamental differences between the parties with regards
to the facts of the case [Learning Unit 12, p 234] whereas in application proceedings the only real
issues to be decided are the points of law [ Learning Unit 12, p 236]. Thus, option a is correct and
may be ruled out as a possible answer.

Option b: Action proceedings are instituted by the plaintiff by way of summons [Learning Unit 12, pp
234-235] whereas application proceedings are instituted by the applicant by way of a notice of
motion Learning Unit 12, pp 236-237]. Option b is also correct and may be ruled out as a possible
answer.

Option c: In action proceedings the reason for instituting the action can be a delict, a contract, or a
divorce [Learning Unit 12, p 234] whereas in application proceedings the reason for the application
can be a form of relief or a court order [Learning Unit 12, p 236]. Option c is therefore also correct
and may be ruled out as a possible answer.

Option d: If options a, b and c are correct, then option d must be incorrect. Option d states that
there are two types of action proceedings, namely actions with notice of motion or ex parte notice of
motion actions whereas there is only one type of application proceeding. Option d is clearly incorrect
as there are two kinds of application proceedings, namely applications with notice of motion and ex
parte notice of motion applications. [Learning Unit 12, p 234 and pp 236-237]
Question 5

Which of the following documents does not form part of the action proceedings?

a. a summons

b. particulars of claims

c. a notice of motion

d. an affidavit

Answer 5

Question 5 consists of a stem/question and a set of answers/ four options. Watch out, the question
is phrased in the negative!

It is a straightforward, easy question that you should be able to answer by reading through the
options only once.

The question asks which document does not form part of the action proceedings. If you look at
options a, b and d you should realise that a summons, particular of claims and an affidavit are
documents that form part of the action proceedings, not the application proceedings. Options a, b
and d may then be ruled out as possible answers. [Learning Unit 12, pp 234-235]

Option c that refers to a notice of motion must therefore be the incorrect option because a notice
of motion is a document that forms part of the application proceedings. [Learning Unit 12, pp 236-
237]

Question 6

What is the outcome of a criminal case?

a. The court must allow or dismiss the action instituted.

b. The court must find the accused guilty or not guilty.

c. The court must grant a form of relief to a person.

d. The court must decide on the constitutionality of law.

Answer 6

Question 6 consists of a stem/question and a set of answers/ four options.

It is a straightforward, easy question that you should be able to answer without even looking at the
options if you drafted and completed the table on civil, criminal and constitutional disputes as
suggested above when we discussed the focus areas.

The outcome of a criminal case is for the court to find the accused guilty or not guilty. Therefore,
option b is correct. [Learning Unit 12, p 238]

Question 7

Who is the legal representative of an accused in a criminal case in a high court?

a. a judge
b. a paralegal

c. a candidate attorney

d. a legal practitioner

Answer 7

Question 7 consists of a stem/question and a set of answers/ four options.

It is a straightforward, easy question that you should be able to answer with one look at the
options. The legal representative of an accused in a criminal case in a high court is a legal
practitioner. [Learning Unit 12, p 238] Therefore, option d is correct.

Question 8

Read the following scenario and answer the question that follows:

Mr Pillay and Mr Reddy are involved in a heated argument. Mr Pillay hits Mr Reddy repeatedly with a
bottle of wine over the head. Mr Reddy sustains several injuries and opens a case of assault against
Mr Pillay.

Which legal dispute/disputes may arise from this incident?

a. A civil case can be instituted against Mr Pillay.

b. A criminal case can be instituted against Mr Pillay.

c. Both a criminal and a civil case may be instituted against Mr Pillay.

d. Neither a criminal nor a civil case can be instituted against Mr Pillay.

Answer 8

Question 8 consists of a root/scenario, a stem/question and an answer set of four options. The
question is a more difficult application question since we require you to apply your knowledge of the
three different legal disputes and identify the legal dispute/disputes that may arise from the
incident.

If you have studied our guidelines on understanding and answering MCQs, you will know that we
inform you in one of the guidelines not to assume words and facts that are not specifically stated
in the scenario. In other words, do not read words or facts into the scenario that are not
there. Keep to the words and facts as stated in the scenario.

If you followed this guideline, you should have argued that option b is most correct and that a
criminal case can be instituted against Mr Pillay because Mr Reddy opened a case of assault
against Mr Pillay. [Learning Unit 12, p 238]

Although we refer to Mr Reddy’s injuries, we do not elaborate on the several injuries that he
sustained and therefore a civil case may not arise from this incident.

We decided to provide you with a revised scenario for Question 8 from which both a criminal and
civil case may be instituted against Mr Pillay.

Question 8 (Revised)

Read the following scenario and answer the question that follows:
Mr Pillay and Mr Reddy are involved in a heated argument in front of a few bystanders. Mr Pillay
who had a few glasses of wine too many hits Mr Reddy repeatedly with a bottle of wine over the
head. Mr Reddy sustains severe head injuries and is admitted to hospital. The police investigated the
matter, drafted a charge sheet, and require Mr Pillay to appear in the magistrate’s court. After Mr
Reddy has been discharged from hospital, he wants to claim damages from Mr Pillay for his hospital
costs of R600 000.

Which legal dispute/disputes may arise from this incident?

a. A civil case can be instituted against Mr Pillay.

b. A criminal case can be instituted against Mr Pillay.

c. Both a criminal and a civil case may be instituted against Mr Pillay.

d. Neither a criminal nor a civil case can be instituted against Mr Pillay.

Answer 8 (revised)

Question 8 (revised) consists of a root/scenario, a stem/question and an answer set of four options.
The question is a more difficult application question since we require you to apply your knowledge
of the three different legal disputes and identify the legal dispute/disputes that may arise from the
incident.

From this scenario, both a criminal and civil case may be instituted against Mr Pillay. A criminal
case can be instituted against Mr Pillay because Mr Reddy opened a case of assault against Mr
Pillay. [Learning Unit 12, p 238] A civil case may also arise from this incident because Mr Reddy
wants to claim damages from Mr Pillay for his hospital costs of R600 000. [Learning Unit 12, pp
233-235]

Option c is therefore the most correct option.

Question 9

Read the following scenario and answer the question that follows:

Mr Pillay and Mr Reddy are involved in a heated argument. Mr Pillay hits Mr Reddy repeatedly with a
bottle of wine over the head. Mr Reddy sustains several injuries and opens a case of assault against
Mr Pillay.

What will the name of the civil case against Mr Pillay be?

a. Reddy v Pillay

b. S v Pillay

c. Pillay v S

d. Pillay v Reddy

Answer 9

This question consists of a root/scenario, a stem/question, and an answer set/four options.

It is a straightforward, easy question in which we require you to give the name of the civil case
against Mr Pillay.
You should know that a civil case takes place between the plaintiff and the defendant. In the name
of a civil case instituted by way of the action proceedings, the plaintiff’s name comes first followed
by the letter “v” (for versus or against) and then comes the defendant’s name. In this case Mr
Reddy will be the plaintiff and Mr Pillay the defendant. The name of the civil case will be Reddy v
Pillay.

Option a is therefore correct. [Learning Unit 12, pp 233-235]

Question 10

Read the following scenario and answer the question that follows:

Mr Pillay and Mr Reddy are involved in a heated argument. Mr Pillay hits Mr Reddy repeatedly with a
bottle of wine over the head. Mr Reddy sustains several injuries and opens a case of assault against
Mr Pillay.

What will the name of the criminal case against Mr Pillay be?

a. Reddy v Pillay

b. S v Pillay

c. Pillay v S

d. Pillay v Reddy

Answer 10

This question consists of a root/scenario, a stem/question, and an answer set/four options.

It is a straightforward, easy question in which we require you to give the name of the criminal case
against Mr Pillay.

You should know that a criminal case takes place between the state and the accused. In the name
of a criminal case, the name of the first party will always be the letter “S” (for state) followed by
the letter “v” (for versus or against) and lastly the name of the accused, in this case Mr Pillay. The
name of the criminal case against Mr Pillay will be S v Pillay.

Option b is therefore correct. [Learning Unit 12, p 238]

Question 11

Read the following scenario and answer the question that follows:

Mr Pillay and Mr Reddy are involved in a heated argument. Mr Pillay hits Mr Reddy repeatedly with a
bottle of wine over the head. Mr Reddy sustains several injuries and opens a case of assault against
Mr Pillay. The police investigated the matter, drafted a charge sheet, and now requires Mr Pillay to
appear in the magistrate’s court.

Which method will be used to assure the attendance of Mr Pillay in the magistrate’s court?

a. arrest

b. summons

c. written notice by police

d. indictment
Answer 11

Question 11 consists of a root/scenario, a stem/question, and a set of answers/ four options. It is

a straightforward, easy question that you should be able to answer by reading through the options
only once.

You must simply decide which of the three methods used in a criminal case to assure the
attendance of the accused in a magistrate’s court will be applicable to this scenario. Do you
remember the three ways in our diagram that are used in a criminal case to assure the attendance
of the accused in a magistrate’s court during the pre-trial stage? Arrest, summons and a written
notice issued by a peace officer! [Learning Unit 12, pp 241-242]

Let us consider the three options:

Option a: arrest - is not applicable because the scenario does not make any mention of the police
arresting Mr Pillay. [Learning Unit 12, p 241]

Option b: summons - may be applicable because the police investigated the matter, drafted a charge
sheet, and requires Mr Pillay to appear in the magistrate’s court. [Learning Unit 12, p 242]

Option c: written notice by police - is not applicable because a notice issued by a peace officer or
police officer is usually given in the case of minor offences. Assault is not regarded as a minor
offence. [Learning Unit 12, p 242]

Option d: indictment – is used to assure the attendance of the accused in a criminal case in the high
court, not in a criminal case in the magistrate’s court. [Learning Unit 12, p 242]

Option b is therefore correct.

Question 12

Complete the following sentence by choosing the correct option:

In a criminal case the trial on the merits of the case consists of the following:

a. committing and reporting of a crime; investigation by police; decision to prosecute; first

appearance in court

b. arrest; summons; written notice issued by peace officer; notice of trial; indictment

c. state’s charges against accused; accused’s plea; state and accused state their cases; judgment

d. sentence; reason for sentence; execution of sentence follows; possibility of appeal and review

Answer 12

This question consists of a stem/question and an answer set of four options. If you followed our
advice and drafted a diagram to outline the process of a criminal case as suggested when we
discussed the focus areas, you will find the question easy to answer. If you did not draft the
diagram, you may struggle to answer the question.

Let us look at the different options:

Option a: reflects the phases of a pre-trial in a criminal case and may be ruled out as a possible
answer. [Learning Unit 12, pp 239-242]
Option b: reflects the different ways in which the accused can be brought before the magistrate’s
court and the high court and may be ruled out as a possible answer. [Learning Unit 12, pp 241-242]

Option c: reflects the phases of the first stage of a criminal trial, namely the trial on the merits of the
case, and is therefore the correct option. [Learning Unit 12, pp 242-244]

Option d: reflects the phases of the second stage of a criminal trial, namely the trial on sentence
(punishment), as well as the phases of the after trial and may be ruled out as a possible answer.
[Learning Unit 12, p 244]

Option c is correct and the option that you had to choose.

Question 13

Which one of the following statements is correct regarding the onus of proof in a court case?

a. In a civil case the plaintiff must prove his case beyond a reasonable doubt.

b. In a criminal case the state must prove its case on a balance of probabilities.

c. In a criminal and civil case, the onus rests with an individual to prove his case.

d. The onus of proof in a civil case is not quite as heavy as in a criminal case.

Answer 13

Question 13 consists of a stem/question and an answer set of four options. You must look for
the correct option.

It is a straightforward, easy question if you know the meaning of the legal concept “onus of proof”
and if you know on which party the onus of proof rests in the different kinds of disputes.

Let us look at the options:

Option a: is incorrect because in a civil case the plaintiff must prove his case on a balance of
probabilities, not beyond a reasonable doubt.

Option b: is incorrect because in a criminal case the state must prove its case beyond a reasonable
doubt, not on a balance of probabilities.

Option c: is clearly incorrect because the onus does not rest with an individual to prove his case in a
criminal or civil case.

Since options a, b and c are incorrect they may be ruled out as possible answers. By way of
elimination option d must therefore be correct. Let us confirm this.

Option d: is correct because the onus of proof in a civil case is not quite as heavy as in a criminal
case.

[See for the onus of proof in a civil case: Learning Unit 12, p 236.]

[See for the onus of proof in a criminal case: Learning Unit 12, p 243.]

Question 14

What is the purpose of a constitutional matter?

a. to prosecute and punish someone for a crime and in doing so protecting the community as a
whole

b. to grant a remedy to a person in order to institute a claim for performance such as the payment
for damages

c. to deal with any issue involving the interpretation, protection or enforcement of the Constitution

d. to hear a case where there are no fundamental differences between the parties regarding the
facts of the case

Answer 14

Question 14 consists of a stem/question and a set of answers/ four options.

It is a straightforward, easy question that you should be able to answer with one look at the
options, especially if you have drafted a table of the different kinds of legal disputes.

Let us investigate the options:

Option a describes the purpose of a criminal matter and may be ruled out as a possible answer.
[Learning Unit 12, p 238]

Option b describes the purpose of a civil matter and may be ruled out as a possible answer.
[Learning Unit 12, p 233]

Option c describes the purpose of a constitutional matter and is correct. [Learning Unit 12, p 245]

Option d explains what application proceedings are and may be ruled out as a possible answer.
[Learning Unit 12, p 236]

Option c is therefore correct.

Question 15

Read the following scenario and answer the question that follows:

Katlego is a trader. He has a small stall in Johannesburg CBD from which he sells household groceries
to the community. A group of armed protestors are making their way through the city and begin
looting the shops in the area, including destroying half of Katlego’s stock.

Which legal disputes may arise from this incident?

a. civil and criminal

b. criminal and constitutional

c. civil and constitutional

d. civil, criminal and constitutional

Answer 15

Question 15 is an application question that consists of a root/scenario, a stem/question and an

answer set of four options. Since it is an application question it is more complex and requires you
to apply your knowledge of the three different kinds of disputes and to identify the legal disputes
that may arise from the scenario.
Let us start with the scenario and see if we can identify the legal disputes that may arise from the
scenario:

Katlego is a trader who has a small stall in Johannesburg CBD from which he sells household
groceries to the community. This means that Katlego is exercising his fundamental right to freedom
of trade as entrenched in section 22 of the Bill of Rights. The group of armed protestors who
destroys half of his stock infringes on his right to freedom of trade and a constitutional dispute may
arise from this incident. Remember that constitutional disputes may also involve issues on
fundamental rights. [Learning Unit 12, p 245]

The group of armed protestors, who makes their way through the city and loots the shops, disobeys
the law and commits a crime by doing so. Their looting is a criminal act that threatens the whole
community and infringes public interests. The state should therefore use its power to prosecute and
punish the offenders. A criminal dispute may also flow from the scenario. [Learning Unit 12, p 238]

Since a criminal and constitutional dispute may arise from the incident, option b is correct.

Do you see how in many instances, we used a process of elimination to reason out which answer
option was correct? If you cannot immediately identify the correct answer to a particular
question, then the process of elimination may work best for you! It is also very helpful when two
options appear similar or confusing. However, our goal is certainly not to trick you. Therefore, you
will find that our level of questions is mostly straight forward.

This now concludes our Lesson 12 (Part 1) on Learning Unit 12, please see the link to the
explanatory video on the lesson below:

ILW1501_Lecture 12_ Learning Unit 12 part 1 - Edited 2023.mp4

Should you have any further queries regarding Learning Unit 12 or Lesson 12 (Part 1), please send
an email to any of the ILW1501 lecturers or post your queries under a relevant topic on
“Discussion Forum 2: Student-Lecturer Lounge” on the ILW1501 module site.

Kind regards,

Your ILW1501 Lecturers

MCQs on Learning Unit 12 of the Study Guide