civil practice HD notes

Description

Throughout the semester, i wrote detailed paragraphs for each topic and subtopic, which will make it easier to answer the final exam as there is a short answer component. These notes are also of great assistance for class participation marks and the civil practice speech in which using these notes i got 29/30 for class participation, which included the speech mark. These notes are full scaffold answers, in which you can apply to whatever question is tested. These notes also cover the answers to the multiple choice questions. In using these notes for the exam, i managed to score a HD of 85 for the overall subject. The topics covered in these notes are: - jurisdiction (all jurisdictions & cross vesting of jurisdiction) - CPA acts & UCPR & other Acts which are related to each topic -court annexed ADR -case management and overriding purpose -directions -alternative dispute resolution -arbitration (including advantages and disadvantages) -changes including technology - mediation (including advocacy by lawyers at mediation and lawyers roles) -positional negotiation -interest based negotiation -duty of legal practitioners -referee -case analysis: parties and causes of actions -court adjudication in the civil justice system -interlocutory applications/ motions -injunctions -summary disposal -self-represented litigants -search orders (anton piller orders)/freezing orders -discovery -further means of obtaining evidence (including subpoenas) -affidavits -commencing proceedings -pleadings (including striking out pleadings & its procedure) -counterclaim and set off -particulars -statement of claim -summons -service -policy issues -settlement -costs -bullock and sanderson orders -non-compliance with rules/ court orders -enforcement of judgements -pre-emptive strikes by judgement creditors -gathering relevant information -instalment orders -writs or warrants of execution -types of orders -appointment of receivers -substituted specific performance -contempt and sequestration -appeals -powers of the appellate court