Paragraph 8

Question 1

When should you brief an advocate for advice on evidence?
a) Only after the trial begins
b) If you have doubts about which evidence to present at trial
c) After the final judgment
d) Only if the opposing party requests it

Answer 1

Answer: b) If you have doubts about which evidence to present at trial

Question 2

When is the best time to request advice on evidence?
a) Before pleadings are closed
b) Before discovery
c) After discovery
d) After witnesses testify

Answer 2

Answer: c) After discovery

Question 3

Who serves a subpoena for witnesses?
a) The plaintiff
b) The sheriff
c) The advocate
d) The judge

Answer 3

Answer: b) The sheriff

Question 4

What is the maximum number of names that can be included in a witness subpoena?
a) 2
b) 3
c) 4
d) 5

Answer 4

Answer: c) 4

Question 5

What is a subpoena duces tecum used for?
a) To secure the attendance of a witness
b) To require a witness to bring a document or object to court
c) To allow an advocate to advise on evidence
d) To cross-examine a witness

Answer 5

Answer: b) To require a witness to bring a document or object to court

Question 6

If a witness fails to obey a subpoena without a reasonable excuse, what action can the court take?
a) The court may ignore the absence
b) The court may issue a fine
c) The court may issue a warrant for arrest
d) The court may reschedule the trial

Answer 6

Answer: c) The court may issue a warrant for arrest

Question 7

By when must the plaintiff deliver a notice of intention to call an expert?
a) 30 days after the close of pleadings
b) 60 days after the close of pleadings
c) 90 days after the close of pleadings
d) 120 days after the close of pleadings

Answer 7

Answer: a) 30 days after the close of pleadings

Question 8

By when must the defendant deliver a notice of intention to call an expert?
a) 30 days after the close of pleadings
b) 60 days after the close of pleadings
c) 90 days after the close of pleadings
d) 120 days after the close of pleadings

Answer 8

Answer: b) 60 days after the close of pleadings

Question 9

The cost of advice on evidence may be taxed as costs between ______ and ______ in the event of a cost order.

Answer 9

Answer: party, party

Question 10

To make the advice on evidence meaningful, the advocate must receive all ______ in the case, along with copies of all witness ______ already taken down.

Answer 10

Answer: pleadings, statements

Question 11

A subpoena duces tecum requires a witness to produce a specified ______ or ______ to the court trial

Answer 11

Answer: document, object

Question 12

The witness must hand over the document or object to the ______ as soon as possible.

Answer 12

Answer: Registrar

Question 13

The notice and summary of an expert’s opinion must be delivered before a first case management conference held in terms of Rules ______ and ______.

Answer 13

Answer: 37A(6), 37A(7)

Question 14

The expert’s report must be in the expert’s own ______, for the assistance of the ______, and must include a statement of ______.

Answer 14

Answer: words, Court, truth

Question 15

The advocate should receive advice on evidence after the trial begins.

Answer 15

Answer: False

Question 16

A witness can be subpoenaed to provide both testimony and documents.

Answer 16

Answer: True

Question 17

The plaintiff must deliver a summary of the expert’s opinion within 60 days after the close of pleadings.

Answer 17

Answer: False (it must be delivered within 90 days)

Question 18

The defendant must deliver a summary of the expert’s opinion within 120 days after the close of pleadings.

Answer 18

Answer: True

Question 19

A court cannot arrest a witness who fails to obey a subpoena.

Answer 19

Answer: False

Question 20

An expert’s summary must contain a statement by the expert confirming the report is in the expert’s own words.

Answer 20

Answer: True

Question 21

Who is responsible for arranging, paginating, and binding all delivered papers for trial?
a) Defendant’s legal practitioner
b) Court Registrar
c) Plaintiff’s legal practitioner
d) Witnesses

Answer 21

Answer: c) Plaintiff’s legal practitioner

Question 22

What must be delivered at least five days before the hearing?
a) The final court ruling
b) A complete index of the trial bundles
c) Closing arguments
d) Witness testimonies

Answer 22

Answer: b) A complete index of the trial bundles

Question 23

Which of the following is NOT a typical section of a trial bundle?
a) Pleadings
b) Notices filed at court
c) Private correspondence between parties
d) Discovered documents relevant to the case

Answer 23

Answer: c) Private correspondence between parties

Question 24

What should be done if there are handwritten annexures to pleadings or notices?
a) Ignore them
b) Retype them for easy legibility
c) Bind them separately
d) Submit them in their original form

Answer 24

Answer: b) Retype them for easy legibility

Question 25

Failure to paginate and index the Court file on time may result in: a) A new hearing date being set b) The Court striking the case from the roll with a cost order c) The defendant winning the case automatically d) The legal practitioner being fined by the state

Answer 25

Answer: b) The Court striking the case from the roll with a cost order

Question 26

What is the purpose of tabbing in a trial bundle? a) To separate different sections and enhance organization b) To summarize the case arguments c) To highlight important evidence d) To protect documents from damage

Answer 26

Answer: a) To separate different sections and enhance organization

Question 27

When should Rule 36(9) expert summaries be bound, paginated, and indexed? a) Only if requested by the opposing party b) Only if they are voluminous c) Before the discovery process d) After the trial begins

Answer 27

Answer: b) Only if they are voluminous

Question 28

It is the duty of the __________’s legal practitioner to arrange, paginate, and bind trial documents.

Answer 28

Answer: Plaintiff

Question 29

All _________ are bound together and numbered consecutively in one indexed bundle.

Answer 29

Answer: Pleadings

Question 30

If the _________ is not paginated and indexed in time, the case may be struck from the roll with a cost order.

Answer 30

Answer: Court file

Question 31

_________ should be used to separate different sections in each bundle to enhance accessibility and organization.

Answer 31

Answer: Tabs

Question 32

The trial bundle must be reviewed regularly and _________ as new documents become available.

Answer 32

Answer: Updated

Question 33

If applicable, an _________ version of the trial bundle should be created, ensuring compatibility with the court’s technology.

Answer 33

Answer: Electronic

Question 34

_________ of the trial bundle should be prepared for the Court, opposing counsel, and for your own side.

Answer 34

Answer: Multiple copies

Question 35

True or False: The defendant’s legal practitioner is responsible for arranging and paginating trial bundles.

Answer 35

Answer: False (It is the plaintiff’s legal practitioner’s duty.)

Question 36

True or False: Chronological order is recommended when arranging trial bundle documents.

Answer 36

Answer: True

Question 37

True or False: Failure to paginate and index the court file in time will automatically result in a mistrial.

Answer 37

Answer: False (The case may be struck from the roll with a cost order, but not necessarily a mistrial.)

Question 38

True or False: Electronic trial bundles are mandatory in all courts.

Answer 38

Answer: False (Electronic bundles are used only if applicable and compatible with the court’s technology.)

Question 39

True or False: The plaintiff’s legal practitioner must serve copies of the indexes of the trial bundles on the opposing party.

Answer 39

Answer: True

Question 40

True or False: If the opposing party receives the index, they must compile their own bundle in line with it.

Answer 40

Answer: True

Question 41

What is the purpose of a "theory of the case"? a) To gather all physical evidence before trial b) To create a persuasive and logical narrative supporting a client's position c) To identify all material facts without considering legal issues d) To ensure the opposing party does not present their evidence

Answer 41

Answer: b) To create a persuasive and logical narrative supporting a client's position

Question 42

Which of the following is not a step in developing a theory of the case? a) Understanding the facts b) Adapting to changes c) Avoiding discussion of unfavourable facts d) Planning the presentation

Answer 42

Answer: c) Avoiding discussion of unfavourable facts

Question 43

Why is it important to prepare witnesses for trial? a) To ensure they only provide favourable testimony b) To make sure their testimony is clear, credible, and persuasive c) To prevent cross-examination by opposing counsel d) To memorize responses to all questions

Answer 43

Answer: b) To make sure their testimony is clear, credible, and persuasive

Question 44

When conducting a "good fact/bad fact" analysis, what should the legal practitioner do? a) Identify all evidence that proves favourable facts and disproves unfavourable facts b) Focus only on the facts that benefit their client c) Assume the opposing party has no strong evidence d) Ignore facts that do not support their case

Answer 44

Answer: a) Identify all evidence that proves favourable facts and disproves unfavourable facts

Question 45

The theory of the case is a ___________ and ___________ narrative that explains the facts, legal issues, and evidence in a way that supports the client’s position.

Answer 45

Answer: comprehensive, coherent

Question 46

A legal practitioner must ensure that their theory of the case is both ___________ and ___________.

Answer 46

Answer: logically consistent, legally sound

Question 47

During trial preparation, legal practitioners must review all ___________, ___________, and ___________ statements to fully understand the facts of the case.

Answer 47

Answer: evidence, documents, witness

Question 48

The legal practitioner must plan the ___________ and ___________ of their client’s case in court.

Answer 48

Answer: presentation, argument

Question 49

A witness must understand their ___________ in the case and the importance of their testimony.

Answer 49

Answer: role

Question 50

True or False: The theory of the case should be flexible and may need to be adapted if new evidence emerges during the trial.

Answer 50

Answer: True

Question 51

True or False: A legal practitioner should avoid reviewing facts that are unfavourable to their client’s case

Answer 51

Answer: False

Question 52

True or False: Witness preparation includes reviewing the court process, practicing questioning, and addressing nervousness

Answer 52

Answer: True

Question 53

True or False: A legal practitioner should ensure a witness memorizes all answers before testifying.

Answer 53

Answer: False

Question 54

True or False: In a contract dispute, the legal practitioner must show that a valid contract existed and that the defendant’s failure to perform caused financial harm.

Answer 54

Answer: True

Question 55

True or False: A legal practitioner should not warn a witness about cross-examination tactics to prevent unnecessary stress.

Answer 55

Answer: False

Question 56

Scenario: You are preparing a witness for trial. The witness is nervous and unsure about the court process. What are three things you can do to help them feel more prepared?

Answer 56

Explain the court process, including the roles of the judge, attorneys, and court personnel. Conduct a mock examination to help them practice answering questions. Teach them techniques to manage nervousness, such as deep breathing and focusing on the facts.

Question 57

What is the "theory of the case"? A. A legal summary of all applicable statutes B. A random collection of statements supporting the case C. A comprehensive and coherent narrative explaining the facts, legal issues, and evidence in a way that supports the client’s position D. A list of potential witnesses

Answer 57

Answer: C

Question 58

Which of the following is NOT a step in developing the theory of the case? A. Understanding the facts B. Formulating the narrative C. Ignoring unfavourable evidence D. Planning the presentation

Answer 58

Answer: C

Question 59

. What is a key purpose of identifying the legal issues in trial preparation? A. To decide the length of the trial B. To determine which statutes and case law apply C. To increase the number of witnesses D. To eliminate the need for evidence

Answer 59

Answer: B

Question 60

Why is it important to adapt the theory of the case during a trial? A. Because new evidence or developments may arise B. To confuse the opposing side C. To impress the judge with unpredictability D. Because the initial strategy should always be changed

Answer 60

Answer: A

Question 61

What is the primary goal of witness preparation? A. To make the witness memorize all legal statutes B. To ensure the witness provides clear, credible, and persuasive testimony C. To prevent the witness from answering difficult questions D. To teach the witness courtroom etiquette only

Answer 61

Answer: B

Question 62

The theory of the case is a collection of random statements meant to defend the client’s position.

Answer 62

False

Question 63

A legal practitioner should only focus on favourable facts when preparing a case.

Answer 63

False

Question 64

Witnesses should be advised to remain calm and request clarification if a question is unclear.

Answer 64

True

Question 65

The legal practitioner’s theory of the case should remain unchanged throughout the trial.

Answer 65

False

Question 66

Practicing cross-examination with a witness helps them prepare for the tactics of opposing counsel.

Answer 66

True

Question 67

The theory of the case helps a legal practitioner focus their __________, anticipate the opposing side’s strategy, and persuasively present their client’s case.

Answer 67

Answer: arguments

Question 68

A legal practitioner must gather and organize all __________ that supports their theory of the case.

Answer 68

Answer: evidence

Question 69

When preparing a witness, it is important to emphasise the need for __________ in their testimony, even if the answer is not favourable.

Answer 69

Answer: honesty

Question 70

The process of identifying both good and bad facts is called __________ analysis.

Answer 70

Answer: good fact/bad fact

Question 71

One of the steps in witness preparation is explaining the __________, including courtroom layout, order of proceedings, and roles of court personnel.

Answer 71

Answer: court process

Question 72

16. A legal practitioner is handling a contract dispute where the opposing party breached a contractual obligation, causing financial harm to the client. What elements should the legal practitioner include in their theory of the case?

Answer 72

The legal practitioner should show that a valid contract existed, that their client fulfilled their contractual duties, and that the opposing party failed to perform their obligations, leading to financial losses. Evidence of the breach and the quantification of damages should also be provided.

Question 73

A witness is extremely nervous about testifying in court. What techniques can the legal practitioner use to help them manage their anxiety?

Answer 73

The practitioner can encourage deep breathing, visualization techniques, and focusing on the facts. Additionally, they can familiarize the witness with the court process and conduct mock examinations to build confidence.

Question 74

During trial preparation, a legal practitioner discovers evidence that contradicts part of their theory of the case. How should they respond?

Answer 74

The legal practitioner should reassess their theory, adapt their strategy accordingly, and find ways to address or mitigate the impact of the new evidence while maintaining the strongest possible argument for their client.