ILW1501 May/Jun 2011 exam paper — questions

Every question, by topic

1. Question 1.1 · Law, norms and justice · 3 marks

   The various normative systems differ from one another mainly in respect of three particular aspects. Name these three aspects.Show the full questionShow less

2. Question 1.2 · Law, norms and justice · 3 marks

   In order for formal law to achieve formal justice, it must satisfy three basic requirements. Name these three basic requirements.Show the full questionShow less

3. Question 1.3 · Law, norms and justice · 2 marks

   Give a description of the concept 'legal subject'.Show the full questionShow less

4. Question 1.4 · Law, norms and justice · 2 marks

   Susan Botha is an artist who is well-known for her oil paintings. Under private law she holds a right to her paintings, and this right involves a dual relationship. Explain what this dual relationship entails.Show the full questionShow less

5. Question 2.1 · Legal history and legal families · 2 marks

   State two factors that helped Roman law to survive after the Roman Empire split into two parts.Show the full questionShow less

6. Question 2.2 · Legal history and legal families · 2 marks

   Hugo de Groot and Johannes Voet are referred to as the 'old authorities'. Identify who these two individuals are and explain why their work still matters to us today.Show the full questionShow less

7. Question 2.3 · Legal history and legal families · 2 marks

   Draw a distinction between the single most important feature of the civil-law legal family and the single most important feature of the common-law legal family.Show the full questionShow less

8. Question 2.4 · Legal history and legal families · 4 marks

   Give reasons why the South African legal system is regarded as a hybrid (mixed) legal system.Show the full questionShow less

9. Question 3(a)(i) · Divisions of South African law · 2 marks

   Consider this scenario: John Smith, aged 22, has been in a relationship with Carin Evans for the past two years. Carin, aged 20, still lives with her parents. When Carin discovers she is pregnant, John buys her a diamond engagement ring and proposes marriage. The couple marry shortly afterwards, and seven months later their baby daughter, Ciara, is born. Based on these facts, state which main division of South African law would apply to this scenario, and provide a reason for your answer.Show the full questionShow less

10. Question 3(a)(ii) · Divisions of South African law · 3 marks

    Referring to the same scenario involving John Smith, Carin Evans and their baby Ciara described above, indicate which specific division falls under the main division you identified in your answer to part (a)(i), and give reasons to support your answer.Show the full questionShow less

11. Question 3(b)(i) · Divisions of South African law · 1 mark

    Now consider a different scenario: you are a senior partner at a law firm, and Patricia Molusi is your article clerk. You ask Patricia to locate a court decision interpreting the Tobacco Products Control Act 83 of 1993. Patricia reports that she has found three criminal cases on this topic: the first was decided by the High Court in Durban in 2000; the second was decided by the Supreme Court of Appeal in 2002; and the third was an unreported decision of a regional court in Durban, decided in 2004. Given that South African law recognises a distinction between two kinds of sources of law, name these two kinds of sources of law.Show the full questionShow less

12. Question 3(b)(ii) · Divisions of South African law · 2 marks

    Referring to the same scenario about you as senior partner, your article clerk Patricia Molusi, and the three cases she found interpreting the Tobacco Products Control Act 83 of 1993 (the 2000 High Court Durban decision, the 2002 Supreme Court of Appeal decision, and the unreported 2004 regional court Durban decision), explain the difference between the two kinds of sources of law you named in your answer to part (b)(i).Show the full questionShow less

13. Question 3(b)(iii) · Divisions of South African law · 2 marks

    Still working from the scenario about you as senior partner, your article clerk Patricia Molusi, and the three cases she found on the interpretation of the Tobacco Products Control Act 83 of 1993 (the 2000 High Court Durban decision, the 2002 Supreme Court of Appeal decision, and the unreported 2004 regional court Durban decision), state which kind of source of law is being used in this scenario, and give a reason for your answer.Show the full questionShow less

14. Question 1 · Law, norms and justice · 2 marks

    Explain which of the following options best captures what is meant by the term 'the law'.Show the full questionShow less

15. Question 2 · Law, norms and justice · 2 marks

    Identify which one of the following is NOT an example of a 'legal norm'.Show the full questionShow less

16. Question 3 · Divisions of South African law · 2 marks

    Determine which description correctly explains substantive law as that part of the law which does the following.Show the full questionShow less

17. Question 4 · Law, norms and justice · 2 marks

    Mr and Mrs Clark have been married for the past ten years and live in an exclusive but very conservative neighbourhood in Pretoria. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. A year later, when the neighbours discovered Mr Clark's adultery, they began to ignore him. Determine which sanction applies for not complying with the norms of the relevant normative system in this scenario.Show the full questionShow less

18. Question 4.1 · The Constitution and fundamental rights · 5 marks

    List the special features that have been built into South Africa's Constitution in order to ensure that our democracy succeeds. Provide five such features.Show the full questionShow less

19. Question 4.2 · The Constitution and fundamental rights · 3 marks

    Imagine a friend asks you what 'fundamental rights' are. Explain to her, in your own words, what fundamental rights are.Show the full questionShow less

20. Question 4.3 · The Constitution and fundamental rights · 2 marks

    Consider the following statement: 'Section 36 of the Constitution determines that the fundamental rights which are protected in the Bill of Rights may not be limited.' State whether this statement is correct or incorrect, and give a reason for your answer.Show the full questionShow less

21. Question 5 · Legal terminology and general concepts · 2 marks

    Identify which statement correctly describes what a legal object can be under modern law.Show the full questionShow less

22. Question 5.1 · Courts, procedure and the legal profession · 4 marks

    During June 2009 the North Gauteng High Court sitting in Pretoria handed down a judgment that altered a principle of the law of contract. Later, on 8 February 2010, two parties named Maria and Yonela appeared before the regional court in Mokopane, Limpopo Province, to resolve a dispute that had arisen from a contract concluded between them. Explain whether the regional court in Mokopane will be bound by the judgment previously delivered by the North Gauteng High Court, and give reasons to support your answer.Show the full questionShow less

23. Question 5.2 · Courts, procedure and the legal profession · 2 marks

    Explain the difference between an appeal and a review as legal remedies.Show the full questionShow less

24. Question 5.3 · Courts, procedure and the legal profession · 2 marks

    Rudene and Melissa are partners in a same-sex relationship. One day, while walking down the street holding hands, a passer-by named Lize made an insulting remark about them. Feeling wronged, Rudene and Melissa decide to institute a claim against Lize for crimen iniuria. Melissa has read that the South African legal system has a hierarchy of courts, and she decides that she does not want to waste time approaching a magistrate's court or a high court, but wishes instead to approach the Supreme Court of Appeal directly. State whether Melissa will be permitted to approach the Supreme Court of Appeal directly, and provide a reason for your answer.Show the full questionShow less

25. Question 5.4 · Courts, procedure and the legal profession · 2 marks

    Explain why the onus (burden) of proof required in a civil case is lighter than the onus of proof required in a criminal case.Show the full questionShow less

26. Question 6 · Legal terminology and general concepts · 2 marks

    Jane Mothibe entered into a contract with Technicolour Painters to paint the Mothibe family's house, with Technicolour Painters undertaking to finish the job within three weeks. However, after three weeks had passed, Technicolour Painters had only managed to paint half the house, leaving Jane furious. Determine which one of Jane's rights was infringed.Show the full questionShow less

27. Question 7 · Legal history and legal families · 2 marks

    Several factors contributed to the reception of English law during the British occupation of the Cape between 1806 and 1910. Determine which of the following was NOT one of these contributing factors.Show the full questionShow less

28. Question 8 · Legal history and legal families · 2 marks

    Determine which option gives an example of a country or countries in which the civil-law legal family applies.Show the full questionShow less

29. Question 9 · Divisions of South African law · 2 marks

    Identify which set of legal disciplines listed below falls entirely within public law.Show the full questionShow less

30. Question 10 · Divisions of South African law · 2 marks

    Jonathan Jones is in grade 8 and struggles with mathematics. One day his teacher loses her temper and calls him 'a stupid monkey'. The next day Jonathan refuses to go to school, and his parents decide to take legal steps against the teacher, approaching you for legal advice. Determine which branch of private law you would use to resolve this problem.Show the full questionShow less

31. Question 11 · Divisions of South African law · 2 marks

    Some areas of law fall within both public law and private law. Identify which area listed below is the odd one out, i.e. does not fall within both.Show the full questionShow less

32. Question 12 · Sources of South African law · 2 marks

    Peter Ndou is John's legal advisor. Peter cannot find any legislation dealing with the subject matter of John's case. Determine which authoritative source of South African law he should consult next.Show the full questionShow less

33. Question 13 · Sources of South African law · 2 marks

    You are approached by a 16-year-old girl who fell pregnant after having intercourse with her uncle. She is now 24 weeks pregnant and wants to know whether she can lawfully have an abortion. After consulting the Choice on Termination of Pregnancy Act 92 of 1996, determine under which of the following circumstances you would advise her that she can have a legal abortion.Show the full questionShow less

34. Question 14 · Sources of South African law · 2 marks

    In a court decision, the ratio decidendi is found where: (a) the judge quotes a similar case; (b) the judge makes an incidental remark; (c) the judge sets out the legal rules relating to the dispute; (d) the judge gives the reason or reasons for the decision. Choose your answer from the combinations provided.Show the full questionShow less

35. Question 15 · The Constitution and fundamental rights · 2 marks

    Identify the INCORRECT statement about what a constitution is.Show the full questionShow less

36. Question 16 · The Constitution and fundamental rights · 2 marks

    'Supremacy of the Constitution' means: (a) Parliament can declare any law that is inconsistent with the Constitution to be unconstitutional; (b) the Constitution prescribes standards which must be followed in order to make all law consistent with the Constitution. Determine which one of the following options is correct.Show the full questionShow less

37. Question 17 · The Constitution and fundamental rights · 2 marks

    Peter Brown, an accountant, is convicted of fraud and sentenced to seven years in prison. Determine which branch of the state's power is applicable in this case.Show the full questionShow less

38. Question 18 · The Constitution and fundamental rights · 2 marks

    Temba and Thandi argue while waiting for a taxi at a taxi rank. Temba shouts at Thandi, 'Thandi, you are a prostitute!' Thandi is very upset about the incident because some of her co-workers also heard what Temba shouted. Determine which fundamental right of Thandi has been infringed.Show the full questionShow less

39. Question 19 · The Constitution and fundamental rights · 2 marks

    In terms of the Constitution of 1996, determine which of the following statements is correct.Show the full questionShow less

40. Question 20 · The Constitution and fundamental rights · 2 marks

    Dr Ruan Roberts, a lecturer in constitutional law, makes the following statement: 'The cases of S v Makwanyane and Fraser v Children's Court, Pretoria North and Others clearly illustrate the influence of the Constitution on South African law.' Determine which option best explains his statement.Show the full questionShow less

41. Question 21 · Courts, procedure and the legal profession · 2 marks

    Determine who receives the evidence collected by the investigating officer and then decides whether the suspect should be charged in a magistrate's court.Show the full questionShow less

42. Question 22 · Courts, procedure and the legal profession · 2 marks

    Determine who represents the state in a criminal case.Show the full questionShow less

43. Question 23 · Courts, procedure and the legal profession · 2 marks

    Identify the CORRECT statement regarding the burden of proof in a criminal case.Show the full questionShow less

44. Question 24 · Courts, procedure and the legal profession · 2 marks

    Determine which one of the following is NOT a possible role player in a civil case.Show the full questionShow less

45. Question 25 · Courts, procedure and the legal profession · 2 marks

    Determine what the opposing parties in a civil case can possibly be known as.Show the full questionShow less