MAG COURT INTRODUCTION SELF STUDY Flashcards
TEST YOUR KNOWLEDGE ON THE SELF STUDY SECTION
What is the main purpose of taking instructions in Magistrate’s Court Practice?
To understand and record the client’s needs and objectives for effective legal representation.
What essential details should be gathered when taking instructions from a client?
Full names, occupation, addresses, contact information, and any relevant family details.
Why is professionalism essential when handling client instructions?
To ensure trust, integrity, confidentiality, and adherence to legal ethics.
What does ‘administration’ refer to in the context of Magistrate’s Court Practice?
Managing client files, records, and documents systematically.
Why is proper administration important in legal practice?
To maintain organization and efficiency in handling cases.
Which key element should be included in a legal file?
Complete details of client instructions and any subsequent actions taken.
Why is it important to record attendances and telephone calls in a legal file?
To document interactions for future reference and accountability.
What purpose does the legal file serve in Magistrate’s Court proceedings?
It acts as a comprehensive record of all actions and communications related to the client’s case.
What is one essential record that must be kept in the file?
Detailed records of any costs or fees associated with the case.
What is required under professional conduct in Magistrate’s Court?
Adherence to honesty, integrity, and the client’s best interests.
Why must legal practitioners avoid dishonest practices, even if suggested by a client?
To maintain ethical standards and uphold the law.
Who is considered a ‘party’ in Magistrate’s Court cases?
Any individual or entity, including attorneys or counsel representing the Plaintiff or Defendant.
What is “locus standi”?
The legal capacity to initiate or defend legal proceedings.
Who has locus standi in Magistrate’s Court cases?
Both natural persons and juristic entities, such as companies and close corporations.
What details must be included in a summons regarding the Plaintiff and Defendant?
Names, addresses, and representative capacity if applicable.
Why might a natural person or juristic entity lack the capacity to sue or be sued?
Due to legal disabilities or not having legal personality.
How should educational institutions be cited in legal proceedings?
In the name of the institution, as they possess juristic personality.
What is an example of a body incorporated by statute with the capacity to sue or be sued?
Public schools under the South African Schools Act.
True or False: The main purpose of taking instructions in Magistrate’s Court Practice is solely to document client information without any interpretation.
False. The purpose is to understand and record the client’s needs and objectives for effective legal representation.
True or False: In Magistrate’s Court Practice, professionalism includes maintaining confidentiality and adhering to legal ethics.
True.
True or False: Proper administration is not essential for maintaining efficiency in handling legal cases.
False. Proper administration is important for organization and efficiency.
True or False: It is unnecessary to record attendances and telephone calls in a legal file.
False. Recording these is important for future reference and accountability.
True or False: A legal file in Magistrate’s Court Practice only needs to include the client’s basic contact information.
False. It must contain complete details of instructions, actions taken, and any associated costs or fees.
rue or False: Legal practitioners are allowed to follow client instructions that may be dishonest as long as it benefits the client.
False. Practitioners must maintain ethical standards and uphold the law.
