National Bar Examination Practice Questions - National Bar Examination (Advocates) Exam - National Bar Examination Practice Questions - National Bar Examination (Advocates) Exam

Question 1

An advocate is briefed to issue a simple summons in the High Court for a liquidated debt of R900 000. Under the Uniform Rules of Court, what document must accompany the summons if the defendant intends to defend?

A declaration delivered with the summons setting out the full cause of action Particulars of claim, which are obligatory in every High Court summons Nothing further; the defendant simply delivers a notice of intention to defend, after which the plaintiff files a declaration An affidavit verifying the debt, as required for all liquidated claims

Correct Answer:

Nothing further; the defendant simply delivers a notice of intention to defend, after which the plaintiff files a declaration

Question 2

Counsel acts for a defendant who wishes to compel the plaintiff to produce documents referred to in the plaintiff's pleadings before delivering a plea. Which Uniform Rule provides the mechanism?

Rule 30A, a notice of irregular step Rule 35(12), allowing a party to call for documents referred to in any pleading or affidavit Rule 23(1), an exception Rule 36, the medical and expert procedure

Correct Answer:

Rule 35(12), allowing a party to call for documents referred to in any pleading or affidavit

Question 3

During a High Court trial, opposing counsel objects when you put a leading question to your own witness during evidence-in-chief. What is the correct position?

Leading questions are always permitted in evidence-in-chief because you called the witness Leading questions are never permitted at any stage of a trial Leading questions are only objectionable in re-examination Leading questions are generally not permitted in evidence-in-chief, save on introductory or undisputed matters

Correct Answer:

Leading questions are generally not permitted in evidence-in-chief, save on introductory or undisputed matters

Question 4

A plaintiff fails to deliver a plea within the dies allowed after a notice of intention to defend has lapsed into default. As plaintiff's counsel seeking judgment, what is the correct first step against the defaulting defendant?

Apply immediately for summary judgment under Rule 32 Deliver a notice of bar under Rule 26 requiring the plea within five days, then seek default judgment if not delivered Set the matter down on the trial roll for adjudication on the merits Apply for an interdict compelling the plea

Correct Answer:

Deliver a notice of bar under Rule 26 requiring the plea within five days, then seek default judgment if not delivered

Question 5

Counsel wishes to attack a particulars of claim on the ground that, even if every allegation is accepted as true, it discloses no cause of action. Which procedural step is appropriate?

An application to strike out under Rule 23(2) An exception under Rule 23(1) A special plea of prescription A counter-application

Correct Answer:

An exception under Rule 23(1)

Question 1

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Prepare with the National Bar Examination Practice Questions - National Bar Examination (Advocates) Exam practice quiz. This question bank includes 100 questions covering counsel, court, rule, application, and claim. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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National Bar Examination Practice Questions - National Bar Examination (Advocates) Exam

This practice set contains 100 questions from the matching question bank and focuses on counsel, court, rule, application, and claim. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

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National Bar Examination Practice Questions - National Bar Examination (Advocates) Exam

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