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Mag court practice > MAG COURT INTRODUCTION SELF STUDY > Flashcards

MAG COURT INTRODUCTION SELF STUDY Flashcards

TEST YOUR KNOWLEDGE ON THE SELF STUDY SECTION

1
Q

What is the main purpose of taking instructions in Magistrate’s Court Practice?

A

To understand and record the client’s needs and objectives for effective legal representation.

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2
Q

What essential details should be gathered when taking instructions from a client?

A

Full names, occupation, addresses, contact information, and any relevant family details.

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3
Q

Why is professionalism essential when handling client instructions?

A

To ensure trust, integrity, confidentiality, and adherence to legal ethics.

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4
Q

What does ‘administration’ refer to in the context of Magistrate’s Court Practice?

A

Managing client files, records, and documents systematically.

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5
Q

Why is proper administration important in legal practice?

A

To maintain organization and efficiency in handling cases.

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6
Q

Which key element should be included in a legal file?

A

Complete details of client instructions and any subsequent actions taken.

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7
Q

Why is it important to record attendances and telephone calls in a legal file?

A

To document interactions for future reference and accountability.

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8
Q

What purpose does the legal file serve in Magistrate’s Court proceedings?

A

It acts as a comprehensive record of all actions and communications related to the client’s case.

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9
Q

What is one essential record that must be kept in the file?

A

Detailed records of any costs or fees associated with the case.

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10
Q

What is required under professional conduct in Magistrate’s Court?

A

Adherence to honesty, integrity, and the client’s best interests.

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11
Q

Why must legal practitioners avoid dishonest practices, even if suggested by a client?

A

To maintain ethical standards and uphold the law.

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12
Q

Who is considered a ‘party’ in Magistrate’s Court cases?

A

Any individual or entity, including attorneys or counsel representing the Plaintiff or Defendant.

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13
Q

What is “locus standi”?

A

The legal capacity to initiate or defend legal proceedings.

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14
Q

Who has locus standi in Magistrate’s Court cases?

A

Both natural persons and juristic entities, such as companies and close corporations.

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15
Q

What details must be included in a summons regarding the Plaintiff and Defendant?

A

Names, addresses, and representative capacity if applicable.

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16
Q

Why might a natural person or juristic entity lack the capacity to sue or be sued?

A

Due to legal disabilities or not having legal personality.

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17
Q

How should educational institutions be cited in legal proceedings?

A

In the name of the institution, as they possess juristic personality.

18
Q

What is an example of a body incorporated by statute with the capacity to sue or be sued?

A

Public schools under the South African Schools Act.

19
Q

True or False: The main purpose of taking instructions in Magistrate’s Court Practice is solely to document client information without any interpretation.

A

False. The purpose is to understand and record the client’s needs and objectives for effective legal representation.

20
Q

True or False: In Magistrate’s Court Practice, professionalism includes maintaining confidentiality and adhering to legal ethics.

A

True.

21
Q

True or False: Proper administration is not essential for maintaining efficiency in handling legal cases.

A

False. Proper administration is important for organization and efficiency.

22
Q

True or False: It is unnecessary to record attendances and telephone calls in a legal file.

A

False. Recording these is important for future reference and accountability.

23
Q

True or False: A legal file in Magistrate’s Court Practice only needs to include the client’s basic contact information.

A

False. It must contain complete details of instructions, actions taken, and any associated costs or fees.

24
Q

rue or False: Legal practitioners are allowed to follow client instructions that may be dishonest as long as it benefits the client.

A

False. Practitioners must maintain ethical standards and uphold the law.

25
Q

True or False: Acting in a client’s best interest includes ensuring honesty towards both the client and the court.

A

True

26
Q

True or False: A Plaintiff or Defendant can be a natural person or a juristic entity, like a company.

A

True

27
Q

True or False: Educational institutions are not allowed to be cited as parties in legal proceedings.

A

False. Educational institutions have juristic personality and can be cited.

28
Q

True or False: “Locus standi” means having the legal capacity to initiate or defend legal proceedings.

A

True

29
Q

True or False: Only natural persons can be parties in Magistrate’s Court cases.

A

False. Both natural persons and juristic entities can be parties.

30
Q

What is the term used to describe the legal capacity to initiate or defend legal proceedings?

A

Locus standi

31
Q

Name one example of a juristic entity that can be a party in legal proceedings.

A

Company or Close Corporation, or Educational Institution

32
Q

What is the recommended method to ensure client instructions are accurately recorded and referenced in a case file?

A

Write/file notes

33
Q

Which phrase is often used in correspondence to indicate that the contents are protected by privilege during negotiations?

A

Without prejudice

34
Q

What should a legal practitioner avoid doing during a consultation to ensure they gather full client instructions without disruption?

A

Taking telephone calls

35
Q

What document must be served on an organ of state before initiating legal proceedings for a debt?

A

Notice of intention to institute legal proceedings

36
Q

Which court rule governs the request for default judgment in Magistrate’s Court?

A

Rule 12

37
Q

What must a legal practitioner confirm in writing if a client decides to take action against their advice?

A

Instructions

38
Q

What is the first action a practitioner should take after receiving new instructions from a client?

A

Open a file

39
Q

What should a practitioner prepare and provide to the client to manage expectations around fees and payments?

A

Fee Agreement

40
Q

When a letter is marked as “without prejudice,” what is the primary purpose of this protection?

A

Settlement Negotiations

41
Q

According to court practices, what is necessary to be disclosed in a summons about both the Plaintiff and Defendant?

A

Names and addresses

Mag court practice (4 decks)

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