Summary of "Advocates Admission Exams Part 2 - Civil Trials & ADR"

Main Ideas and Concepts

Webinar Purpose and Structure
- The session is part of a series designed to assist pupils in preparing for admission exams, specifically focusing on civil trials and alternative dispute resolution (ADR).
- The session lasts for half an hour and will be recorded for later access.
Key Subjects Covered
- The syllabus includes four main subjects: trials, appeals, ADR, and the law of evidence.
- It is recommended to study each subject separately using the syllabus as a checklist.
Recommended Resources
- Civil Procedure: "Litigation Skills for South African Lawyers" by Harams.
- Law of Evidence: "South African Law of Evidence" by Zeffert and Paizes (3rd edition).
- Past exam papers from 2021 and 2022 should be reviewed for topic familiarity.
Common Exam Topics
- Alternative Dispute Resolution: Differences between litigation, arbitration, and mediation, including their advantages and disadvantages.
- High Court Rule 18: Requirements for pleadings and common questions related to it.
- Applications vs. Actions: Understanding when to use each legal procedure and the implications of disputes of fact.
- Appeals: Different types of appeals and their procedures, including requirements for applications for leave to appeal.
- Discovery: Handling situations where documents are not discovered and the implications for both plaintiffs and defendants.
- Law of Evidence: Key concepts and distinctions, including oral vs. documentary evidence, exceptions, and the importance of studying in groups.
Preparation Methodology
- Study in groups to discuss and clarify complex legal concepts.
- Engage with peers to brainstorm potential exam questions.
- Use personal anecdotes and experiences to enhance understanding and retention of material.

Detailed Instructions for Exam Preparation

Study Methodology
- Use the syllabus as a checklist to ensure all topics are covered.
- Review recommended textbooks and focus on chapters relevant to the syllabus.
- Analyze past exam papers for recurring themes and questions.
- Form study groups to discuss and explain topics to each other.
Specific Topics to Focus On
- Understand the distinctions and similarities between litigation, arbitration, and mediation.
- Familiarize yourself with High Court Rule 18 and its requirements for pleadings.
- Distinguish between actions and applications, and know when to use each.
- Learn the procedures for different types of appeals and the necessary documentation.
- Prepare for questions regarding discovery and the handling of undiscovered documents.
- Study the law of evidence comprehensively, focusing on key definitions and exceptions.

Speakers and Sources

Samantha Reddy: Content Manager at LexisNexis, host of the webinar.
Chris Monovic: Advocate and speaker providing insights on civil trials and ADR.
Books Referenced:
- "Litigation Skills for South African Lawyers" by Harams.
- "South African Law of Evidence" by Zeffert and Paizes (3rd edition).
- Other legal texts by Harams and relevant to South African legal practice.