Answer to Question #160081 in English for Law9

Question #160081

Question 9

Which court official will maintain order, silence and decency in the Court when a suspect is tried

for theft?

(1) sheriff

(2) court interpreter

(3) magistrate

(4) court orderly

Question 10

Consider the following three statements and choose the correct option below:

In terms of the Legal Practice Act 28 of 2014 attorneys will now:

(a) have an automatic right to appear in the High Courts

(b) be regulated by the Legal Practice Council

(c) be able to automatically preside as Judges


(1) only (a)

(2) only (b)

(3) only (c)

(4) (a), (b) and (c)

Question 11

David Sithole is a law student who wants to practice as an attorney after his studies. Indicate to

him which one of the following is a requirement to practice as an attorney:

(1) membership of a professional Bar Council

(2) legal training for at least four years

(3) successful completion of the bar examination

(4) successful completion of the admissions examination

Question 12

Which one of the following statements is correct regarding the onus of proof in a court case?

(1) In a civil case the plaintiff must prove his case beyond a reasonable doubt.

(2) In a criminal case the state must prove its case on a balance of probabilities.

(3) In a criminal and civil case, the onus rests with an individual to prove his case.

(4) The onus of proof in a civil case is not quite as heavy as in a criminal case

Expert's answer

Question 9: (3) magistrate

Magistrates are in charge of the courtroom and are expected to control proceedings so that they are just and fair. Magistrate must be decisive and act with dignity. The case can be carried on, but if the disturbance continues then the Magistrate should deal with it as a matter of contempt.

Question 10: (2) only (b)

n terms of the Legal Practice Act 28 of 2014 attorneys will now: be regulated by the Legal Practice Council.

The Act envisages that all legal practioners will subject to the jurisdiction of the South African Legal Practice Council (“Council”) which will, inter alia, regulate the conduct and affairs of all practioners (attorneys and advocates), develop norms and standards and develop programmes to empower the previously disadvantage.

Question 11: (2) legal training for at least four years

Complete an LLB Law Degree which is a four year degree, and this is the minimum requirement. You also have the option of completing the BCom Law Degree before the LLB Law Degree - however, this is not compulsory.

Question 12: (3) In a criminal and civil case, the onus rests with an individual to prove his case.

The burden of proof lies on the person who has to prove the fact and it never shifts, whereas the onus of proof shifts from one party to another. For example, in criminal cases, the burden of proving the defendant's guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. In civil cases, the plaintiff has the burden of proving his case by a preponderance of the evidence.

The standard of proof in civil cases is proof on the balance of probability. In criminal cases the standard of proof is proof beyond any reasonable doubt.

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