Highlights
Answer the following questions, using proper references. Your entire assignment answer must not exceed 15 pages.
1. Mr Alan Stevens, who is a policeman, is married to Cecile Stevens, a teacher, for nine years. The couple reside in Rosebank, Johannesburg. They have two minor children, Kevin and Nancy. The Stevens decide to divorce after nine years, citing irreconcilable differences. Mrs Stevens approaches you for assistance regarding the divorce proceedings. Answer the following questions. Note: In your answers, you may make up facts to supplement the given facts provided that your own rendition does not detract from the core issues.
(a) Discuss the type of summons that will be used to institute Mrs Steven’s divorce action.
(b) Name and discuss the pleading that will be annexed to the summons.
(c) Draft the prayer(s) only.
Refer to chapter 6 of the prescribed textbook. Please note: The prescribed textbook for this module is Marnewick CG “Litigation Skills for South African Lawyers” 4th edition (2019 LexisNexis).
2. Discuss briefly how a legal practitioner may conduct an interview with a client in a litigation matter. Refer to chapter 1 of the prescribed textbook.
3. On the morning of 2nd February 2021, a pedestrian Mr Alan Mkhize, who is a member of a local hiking club “Fit Walkers”, is doing his morning walk on a public street in Johannesburg. Suddenly, he is struck from behind by a speeding taxi driven by Joe Tanner, with registration number TN565GP.
The accident takes place on Long Street, Johannesburg. Mr Mkhize is injured as a result of the accident. Mr Mkhize sustains the following injuries: a broken right leg, a broken pelvis, a deep cut below his right eye resulting in permanent facial scarring, bruises and abrasions to the right-hand side of his body. His doctors advise him that he will not be able to resume walking for a while as a result of his injuries. His medical expenses incurred on account of his injuries amount to R 750000,00. Mr Mkhize wants to institute a claim against Joe Tanner. He approaches you for legal advice. Answer the following questions. Note: In your answers, you may make up facts to supplement the given facts provided that your own rendition does not detract from the core issues.
(a) Discuss whether the Road Accident Fund can be approached for payment of the medical expenses in this matter.
(b) Draft how the parties will be cited or described in the pleadings. Refer to chapters 5 and 6 of the prescribed textbook.
4. Critically discuss the use of ‘practical vocational training’ in practice.
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