Civil Litigation and Procedure Mastery – Candidate Attorney Academy

About Course

The Civil Litigation and Procedure Mastery course is the definitive resource for passing the Legal Practice Council Attorney Admission Examination Paper 1: Court Procedures. This course is designed to transform complex rules into actionable, pass-grade skills you will use daily in practice.

We move beyond rote memorization. Our focus is on deep conceptual understanding and the ability to execute the practical drafting tasks that form the core of the examination—mastering litigation mechanics in both the High Court and the Magistrates’ Court. The focus is to help each Candidate Attorney achieve understanding, as true mastery cannot exist without understanding.

This extensive course delves into every critical aspect of civil litigation, from initial client instruction through to execution of judgment and appeals, ensuring you are equipped with the comprehensive procedural and drafting expertise required for both the exam room and the courtroom.

🎯 Your Value Proposition: Mastery & Confidence

Our primary goal is to provide procedural mastery and guaranteed exam-readiness. You will walk into the LPC exam knowing exactly how to structure, draft, and apply the correct court rules, ensuring you earn every available mark.

What You Will Master:

Rule-Based Drafting: Learn to draft all essential court documents in strict compliance with the HC and MC Rules.
Jurisdictional Strategy: Understand locus standi and how to correctly identify and plead jurisdiction for any given matter.
Time Calculation Mastery: Eliminate lost marks by mastering the calculation of statutory and court-rule time periods.
Practical Advocacy Insight: Gain the “why” behind the procedure, preparing you not just for the written paper but for the oral examination and real-world motion court practice.
Comprehensive Procedural Roadmap: A complete, systematic guide through every phase of civil litigation.

Foundational Legal Principles: Grasping the core concepts of civil procedure, locus standi, cause of action, and critical jurisdictional rules for both High Court and Magistrates' Court.
Pre-Litigation Essentials: How to manage clients, draft compelling Letters of Demand, and understand crucial statutory notices.
Action Proceedings Mastery: A step-by-step guide to drafting all types of Summonses, Pleas, Exceptions, Declarations, and navigating complex issues like Third-Party Procedure and Close of Pleadings. You'll master Summary Judgment from both applicant and respondent perspectives.
Application Proceedings Expertise: In-depth training on drafting Notices of Motion, Founding, Answering, and Replying Affidavits for various application types, including Urgent Interdicts, Anton Piller orders, PIE applications, and Reviews. You'll understand how to identify and overcome a Dispute of Fact using the Plascon-Evans Rule.
Interim & Pre-Trial Management: Comprehensive knowledge of Discovery (Rule 35/23), Pre-Trial procedures, and strategies for effective case management and settlements.
Post-Judgment Processes: Understanding Appeals and Reviews, and the practical steps for Execution of Judgments (Warrants of Execution, EAOs).
Professional Responsibility & File Administration: Crucial lessons on an attorney's responsibilities towards their client (mandate, finances, reporting, briefing counsel) and efficient file administration.
Essential Resources: Guidance on utilizing key legal textbooks (Amlers, Jones & Buckle, Erasmus) and court forms for ongoing professional development.
By the end of this course, you will possess a procedural toolkit that not only ensures exam success but also lays the foundation for your practical competence as a practicing attorney.

Course Content

Introduction: The LPC Mindset Shift (The Why and How)
This foundational topic explores the strategic approach required for the LPC Admission Exams, equipping you with a foundational understanding of why the exam tests application over memorization. You will learn to reframe your study mindset to overcome the overwhelming volume of legal rules, setting the stage for deeper dives into procedural mastery. This is crucial for building confidence and a systematic approach to conquer Civil Procedure Paper 1.

Essential Legal Sources
This topic guides you through identifying and correctly utilizing the foundational sources of civil procedure, equipping you with a foundational understanding of where to find the law. You will learn to navigate the High Court and Magistrates' Court Rules, relevant Acts, and the Code of Conduct, setting the stage for accurate procedural application. This is crucial for precise drafting and reliable legal practice.

Foundational Principles of Civil Procedure
This topic delves into the bedrock concepts of South African civil procedure, equipping you with a foundational understanding of the underlying framework of litigation. You will learn to grasp the fundamental principles that govern all court actions, setting the stage for understanding specific rules and their application. This is crucial for building a strong theoretical and practical base for the LPC exam.

Pre-Litigation & Client Management
This topic covers the critical steps before issuing court process, equipping you with a foundational understanding of effective client intake and dispute resolution. You will learn to draft impactful Letters of Demand and manage initial client correspondence, setting the stage for initiating formal legal action or achieving early settlement. This is crucial for efficient and professional practice.

Cause of Action
This topic focuses on the legal basis for any claim, equipping you with a foundational understanding of what constitutes a valid legal grievance. You will learn to identify and correctly plead the essential elements of a cause of action, setting the stage for drafting sound Particulars of Claim and Notices of Motion. This is crucial for ensuring your client's case is legally sound.

Locus Standi
This topic clarifies who has the right to bring a matter to court, equipping you with a foundational understanding of the legal standing required to litigate. You will learn to assess whether a party has a direct and substantial interest in the matter, setting the stage for correctly identifying plaintiffs/applicants and challenging an opponent's standing. This is crucial for avoiding fatal procedural defects.

Jurisdiction
This topic provides a comprehensive overview of which court has the authority to hear a case, equipping you with a foundational understanding of territorial and subject-matter jurisdiction. You will learn to determine the appropriate High Court or Magistrates' Court for any given matter, setting the stage for issuing process in the correct forum. This is crucial for avoiding costly procedural errors and ensuring a valid judgment.

Action vs. Application Proceedings
This topic clearly distinguishes between the two primary forms of court proceedings, equipping you with a foundational understanding of when to use Action (Summons) versus Application (Motion) procedure. You will learn to identify the presence or absence of a material dispute of fact, setting the stage for selecting the correct procedural path and avoiding costly delays or dismissals. This is crucial for effective litigation strategy.

Action Proceedings (The Pleadings Journey)
This extensive topic guides you through the entire flow of an action proceeding, equipping you with a comprehensive understanding of drafting, serving, and responding to pleadings. You will learn to master the Summons, Plea, Exceptions, Discovery, and Summary Judgment, setting the stage for navigating a full trial process. This is crucial for succeeding in the practical drafting components of Paper 1.

Application Proceedings (Motion Practice)
This extensive topic provides in-depth training on all aspects of motion practice, equipping you with a comprehensive understanding of drafting notices of motion and affidavits for various applications. You will learn to master urgent interdicts, Anton Piller orders, PIE applications, and crucially, how to handle a dispute of fact under the Plascon-Evans Rule, setting the stage for effective advocacy in motion court. This is crucial for complex practical applications in the LPC exam.

Appeals and Reviews
This topic explores the avenues available after a judgment has been granted, equipping you with a foundational understanding of how to challenge court decisions. You will learn to distinguish between an appeal and a review, setting the stage for advising clients on their post-trial options. This is crucial for comprehensive litigation management.

Execution of Judgments Summary
This topic focuses on the practical steps to enforce a court order, equipping you with a foundational understanding of collecting on a judgment debt. You will learn to master Warrants of Execution and Emolument Attachment Orders, setting the stage for ensuring your client's victory translates into tangible results. This is crucial for finalising litigation matters successfully.

File Administration & Practice Management
This topic addresses the organizational backbone of a legal practice, equipping you with a foundational understanding of efficient file and document management. You will learn to establish systematic client files and utilize best practices for legal tech, setting the stage for a well-run and compliant attorney's office. This is crucial for professional responsibility and effective practice.

The Attorney’s Responsibilities Towards the Client
This topic outlines the ethical and professional duties owed to clients, equipping you with a foundational understanding of best practice in client relations. You will learn to master communication, mandate, financial transparency, and briefing counsel, setting the stage for building trust and maintaining professional integrity. This is crucial for compliance with the Legal Practice Act and the Code of Conduct.

Forms, Precedents, & Resources
This topic highlights the practical tools and resources available to practitioners, equipping you with a foundational understanding of where to find reliable templates and further guidance. You will learn to effectively utilize essential court forms and leading legal precedents, setting the stage for efficient and accurate drafting in your daily practice. This is crucial for continuous professional development and exam readiness.

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Candidate Attorney Academy

About Course

🎯 Your Value Proposition: Mastery & Confidence

What You Will Master:

What Will You Learn?

Course Content

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