Who has original jurisdiction of a state sues another state?
the Supreme Court
What court has original jurisdiction and what was its ruling?
Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers.
Which court is the most appropriate to hear a civil claim for r380 000?
The District Court of the Magistrates Court may hear civil and criminal matters, to the value of R200,000 and impose criminal fines up to the value of R120,000. It may not try cases of murder, treason, rape, terrorism, or sabotage and it usually deals with less serious offences.
How are court days calculated?
Court Days are different from Business Days or Calendar Days and are calculated as follows by excluding the first day, Saturdays, Sundays and Public Holidays. For example if you receive a pleading on a Monday, you begin counting your days to respond from the Tuesday.
What is a Rule 49 offer to settle?
Rule 49 applies to offers to settle made in respect of actions, applications, counterclaims, third party claims, crossclaims and motions, and a plaintiff, defendant, applicant or respondent can serve on any other party an offer to settle one or more claims. …
Do weekends count in clear days?
Days, ‘clear’ or otherwise, usually refers to days of the week, whether working days, weekend days or bank holidays. However, the Act specifically requires that, in calculating such a 48 hour period, days that are non-business days (i.e. weekends and bank holidays) should not be counted.
When can a simple summons be used?
A simple summons is used usually where the quantum is already determined or can be easily ascertainable usually without leading evidence. Rule 2(b) provides that where a claim is for a debt or liquidated demand a simple summons (Form 2 of Annexure 1) may be used.
How long does a plea take to deliver?
After the defendant has served a notice of intention to defend, it must serve a plea (a formal statement of its defence) within 20 court days.
What are action proceedings?
The most salient distinction is that action proceedings envisage the presentation of facts and evidence verbally in court during a trial, whereas application proceedings envisage the presentation of facts and evidence in affidavits that will be read by a judge before hearing arguments in court on the issues raised in …
What are the advantages of application proceedings?
Application proceedings are usually disposed of more expeditiously than action proceedings. As a result, application proceedings are generally cheaper and lead to a relatively speedy resolution of disputes compared to action proceedings.
Who brings the case in criminal law?
In criminal cases, the plaintiff (which is the state) is represented by a prosecutor, and the defendant is represented by a criminal defense attorney.
How long do you have to file a replying affidavit?
setting forth such question. (h) Within 10 days of the service upon it of the affidavit and documents referred to in sub-paragraph (ii) of paragraph (d) of subrule (4), the applicant may deliver a replying affidavit.
What is the Rule 55 notice?
Rule 55(1) now provides that every application shall be brought by notice of motion supported by an affidavit and addressed to the party or parties against whom relief is claimed and to the registrar or clerk of the court.
What happens after notice of motion?
Once the notice of motion is brought before the Court, you must serve the motion at least 3 days before the hearing date. File an affidavit in conjunction with a notice of motion unless the Court explicitly dictates otherwise. This also forces the opposing party to file an affidavit in response.
When Should heads of argument be filed?
The applicant must serve and file heads of argument within fifteen days from the date of completion of the index and the respondent must serve and file heads of argument within ten days from the date on which the applicant’s heads of argument are served.