Topic 6 - Aspects of Civil Proceedures

Question 1

Action Proceedings

Answer 1

Proceedings by way of summons, when there are fundamental differences between the parties concerning the facts of the case.

Question 2

Plaintiff

Answer 2

The person who initiates the case and institutes the claim of performance in a action proceeding.

Question 3

Defendant

Answer 3

The person whom the action is instituted and who may raise a defence against the action.

Question 4

Application proceedings

Answer 4

The is done by way of notice of motion. This is used when there are no fundamental differences concerning the facts.

Question 5

Applicant

Answer 5

The person who initiates the case and who approaches the court for a particular kind of relief.

Question 6

Respondent

Answer 6

The person against whom the relief is sought.

Question 7

Pleading stage

Answer 7

The stage at which the parties exchange documents containing the statements regarding the facts of the case.

Question 8

Trail

Answer 8

The proceedings that take place in court. (Note they are accusatorial in nature)

Question 9

Execution

Answer 9

The method by which an order or ruling is enforced.

Question 10

Appeal proceedings

Answer 10

Proceeding followed when a party is of the opinion that the judgement of the court was incorrect.

Question 11

Review proceedings

Answer 11

Proceedings used when there is an alleged irregularity with respect to the process followed.