CLA1501 Oct/Nov 2016 exam paper — questions

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  1. Question 1 · Sources of South African law · 2 marks

    Identify which of the following is the supreme law of South Africa: (1) statute law; (2) Roman Dutch law; (3) English law; (4) the Constitution of the Republic of South Africa, 1996.Show the full question

  2. Question 2 · Sources of South African law · 2 marks

    Imbizo is a coastal town on a high bay where dolphins migrate annually to breed, and this has become a major tourist attraction. During breeding season the dolphins are sensitive to light and sound, so the Imbizo community has always kept noise levels low in the bay area during that season. Bongani decides to open a karaoke club in the town, and the community wants it closed, fearing the pulsating music and flickering lights will discourage the dolphins from migrating to breed. Bongani argues there is no legislation restricting noisy business activities in the Imbizo Bay area. Consider the following statements about what the community must prove for the court to recognise the validity of their custom prohibiting noise: A - the prohibition has existed for a long time; B - the prohibition has been put in writing; C - the prohibition will encourage the breeding of dolphins; D - the prohibition is certain and clear. Which combination of these statements is correct: (1) only A and D; (2) only A, B and D; (3) only C and D; (4) A, B, C and D?Show the full question

  3. Question 3 · Sources of South African law · 2 marks

    The doctrine of stare decisis explains how courts are able to create law, and as a result of this rule, judgments of superior courts are among the most important sources of law. Determine which ONE of the following is binding on other courts within the hierarchy of courts: (1) the corpus iuris civilis; (2) an obiter dictum; (3) the ratio decidendi; (4) none of the above.Show the full question

  4. Question 4 · Classification of rights · 2 marks

    Determine what type of right it is when someone has the right to claim performance from another person: (1) a real right; (2) an intellectual property right; (3) a personal right; (4) a personality right.Show the full question

  5. Question 5 · Classification of rights · 2 marks

    Identify which ONE of the following subdivisions of law forms part of private law: (1) international law; (2) criminal law; (3) law of contract; (4) company law.Show the full question

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