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.

Notable Quotes

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Category

Educational

Video