ILW1501 May/Jun 2015 exam paper — questions

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  1. Question 1(a) · Law, norms and justice · 3 marks

    This question examines the nature of law, justice and legal subjects within South African law. Identify and name three ways in which law differs from the moral customs (mores) of a community.Show the full question

  2. Question 1(b) · Law, norms and justice · 3 marks

    This question examines the nature of law, justice and legal subjects within South African law. Explain the difference between formal justice and substantive justice.Show the full question

  3. Question 1(c) · Law, norms and justice · 4 marks

    This question examines the nature of law, justice and legal subjects within South African law. South African private law recognises that a legal subject may hold four distinct types of rights. Name these four types of rights and, for each one, state the corresponding object of that right.Show the full question

  4. Question 1(d) · Law, norms and justice · 5 marks

    This question examines the nature of law, justice and legal subjects within South African law. State which legal family South African law belongs to, and provide reasons to support your answer.Show the full question

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

    Charl and Charlotte Charles have been married for the past 25 years. Throughout this time they lived a life of luxury and never gave thought to what would happen to their wealth if something happened to them. While travelling to Cape Town for their annual holiday, both Charl and Charlotte died in a car accident. Their three children are now anxious to find out what will become of their late parents' wealth. Considering the scenario of Charl and Charlotte Charles who died in a car accident on their way to Cape Town, state which main division of South African law would apply to this situation, and provide a reason to support your answer.Show the full question

  6. Question 2(a)(ii) · Divisions of South African law · 3 marks

    Charl and Charlotte Charles have been married for the past 25 years. Throughout this time they lived a life of luxury and never gave thought to what would happen to their wealth if something happened to them. While travelling to Cape Town for their annual holiday, both Charl and Charlotte died in a car accident. Their three children are now anxious to find out what will become of their late parents' wealth. Building on your answer about which main division of South African law applies to the Charl and Charlotte Charles scenario, identify which division within that main division would be relevant here. Explain in full detail what this particular division of law is concerned with.Show the full question

  7. Question 2(a)(iii) · Divisions of South African law · 3 marks

    Charl and Charlotte Charles have been married for the past 25 years. Throughout this time they lived a life of luxury and never gave thought to what would happen to their wealth if something happened to them. While travelling to Cape Town for their annual holiday, both Charl and Charlotte died in a car accident. Their three children are now anxious to find out what will become of their late parents' wealth. Following on from your identification of the relevant division of law in question 2(a)(ii) for the Charl and Charlotte Charles scenario, name the subdivision of that division which would apply to this situation, and give reasons to justify your answer.Show the full question

  8. Question 2(a)(iv) · Divisions of South African law · 2 marks

    Charl and Charlotte Charles have been married for the past 25 years. Throughout this time they lived a life of luxury and never gave thought to what would happen to their wealth if something happened to them. While travelling to Cape Town for their annual holiday, both Charl and Charlotte died in a car accident. Their three children are now anxious to find out what will become of their late parents' wealth. The subdivision you identified in question 2(a)(iii) is itself split into two further subdivisions. Identify which of these two further subdivisions would be applicable to the Charl and Charlotte Charles scenario, and provide a reason for your choice.Show the full question

  9. Question 2(b) · Divisions of South African law · 5 marks

    Charl and Charlotte Charles have been married for the past 25 years. Throughout this time they lived a life of luxury and never gave thought to what would happen to their wealth if something happened to them. While travelling to Cape Town for their annual holiday, both Charl and Charlotte died in a car accident. Their three children are now anxious to find out what will become of their late parents' wealth. Give a brief explanation of what the doctrine of judicial precedent entails and describe how this doctrine is applied within South African courts.Show the full question

  10. Question 3(a) · The Constitution and fundamental rights · 5 marks

    This question deals with the South African Constitution of 1996 and the Bill of Rights. Name the special features that have been built into the South African Constitution to ensure that our democracy succeeds. List five such features (numbered 1 to 5 on the answer sheet).Show the full question

  11. Question 3(b) · The Constitution and fundamental rights · 6 marks

    This question deals with the South African Constitution of 1996 and the Bill of Rights. The South African Constitution of 1996 provides for the separation of the powers of government. Name the three branches of government and explain the function of each of these three branches.Show the full question

  12. Question 3(c) · The Constitution and fundamental rights · 3 marks

    This question deals with the South African Constitution of 1996 and the Bill of Rights. Complete a diagram to show the three categories of fundamental rights protected by the Constitution. For each of the three categories (listed as 1, 2 and 3 in a table with the headings 'Category' and 'One Example'), give one example of a fundamental right that falls under that category.Show the full question

  13. Question 3(d) · The Constitution and fundamental rights · 1 marks

    This question deals with the South African Constitution of 1996 and the Bill of Rights. State the purpose of the first-generation rights that are entrenched in the Bill of Rights.Show the full question

  14. Question 4(a)(i) · Courts, procedure and the legal profession · 4 marks

    Charles Maimela drives at 80km/h along a road where the speed limit is 60km/h. He fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills amounting to R210 000. Based on the scenario of Charles Maimela driving at 80km/h in a 60km/h zone and knocking down Frans Mahlobogwane (who incurs R210 000 in medical bills), identify the two different legal disputes that could arise from these facts, and explain the purpose of each of the disputes you name.Show the full question

  15. Question 4(a)(ii) · Courts, procedure and the legal profession · 2 marks

    Charles Maimela drives at 80km/h along a road where the speed limit is 60km/h. He fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills amounting to R210 000. Still referring to the Charles Maimela and Frans Mahlobogwane scenario, state in which court Frans will be able to claim the R210 000 medical costs, and give a reason for your answer.Show the full question

  16. Question 4(a)(iii) · Courts, procedure and the legal profession · 2 marks

    Charles Maimela drives at 80km/h along a road where the speed limit is 60km/h. He fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills amounting to R210 000. In the case where Frans claims the R210 000 from Charles, explain what role Charles and Frans will respectively play in that case.Show the full question

  17. Question 4(a)(iv) · Courts, procedure and the legal profession · 2 marks

    Charles Maimela drives at 80km/h along a road where the speed limit is 60km/h. He fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills amounting to R210 000. In the case where Frans claims the R210 000, explain what the onus of proof will be, and state on whom this onus rests.Show the full question

  18. Question 4(b) · Courts, procedure and the legal profession · 5 marks

    Charles Maimela drives at 80km/h along a road where the speed limit is 60km/h. He fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills amounting to R210 000. Distinguish between an appeal and a review.Show the full question

  19. Question 5.a · Legal terminology and general concepts · 1 marks

    For each of the ten statements below, two options are given in brackets; the correct option must be selected (e.g. by circling it) for each statement, worth one mark apiece. Choose whether it is formal law or substantive law that is described as the part of the law which determines the content and meaning of different legal rules.Show the full question

  20. Question 5.b · Legal terminology and general concepts · 1 marks

    For each of the ten statements below, two options are given in brackets; the correct option must be selected (e.g. by circling it) for each statement, worth one mark apiece. Decide whether a legal subject or a legal object is the one that is subject to the norms of the law and may carry rights and duties.Show the full question

  21. Question 5.c · Legal terminology and general concepts · 1 marks

    For each of the ten statements below, two options are given in brackets; the correct option must be selected (e.g. by circling it) for each statement, worth one mark apiece. Indicate whether a father who abuses his daughter infringes her personal right or her personality right.Show the full question

  22. Question 5.d · Legal terminology and general concepts · 1 marks

    For each of the ten statements below, two options are given in brackets; the correct option must be selected (e.g. by circling it) for each statement, worth one mark apiece. State whether the Corpus Iuris Civilis is a codification of Roman law or of Roman-Dutch law.Show the full question

  23. Question 5.e · Legal terminology and general concepts · 1 marks

    For each of the ten statements below, two options are given in brackets; the correct option must be selected (e.g. by circling it) for each statement, worth one mark apiece. Determine whether it is public law or private law that regulates relationships concerned with the interests of the community.Show the full question

  24. Question 5.f · Legal terminology and general concepts · 1 marks

    For each of the ten statements below, two options are given in brackets; the correct option must be selected (e.g. by circling it) for each statement, worth one mark apiece. Indicate whether statutory law is passed by parliament or by the courts.Show the full question

  25. Question 5.g · Legal terminology and general concepts · 1 marks

    For each of the ten statements below, two options are given in brackets; the correct option must be selected (e.g. by circling it) for each statement, worth one mark apiece. Identify whether the part of a court's decision that creates a precedent and binds other courts dealing with the same kind of disputes is called the obiter dictum or the ratio decidendi.Show the full question

  26. Question 5.h · Legal terminology and general concepts · 1 marks

    For each of the ten statements below, two options are given in brackets; the correct option must be selected (e.g. by circling it) for each statement, worth one mark apiece. State whether the application of the Bill of Rights between the state and the individual is known as its horizontal or vertical application.Show the full question

  27. Question 5.i · Legal terminology and general concepts · 1 marks

    For each of the ten statements below, two options are given in brackets; the correct option must be selected (e.g. by circling it) for each statement, worth one mark apiece. In terms of section 36 of the Constitution, decide whether the law limiting a right must be of partial or general application.Show the full question

  28. Question 5.j · Legal terminology and general concepts · 1 marks

    For each of the ten statements below, two options are given in brackets; the correct option must be selected (e.g. by circling it) for each statement, worth one mark apiece. Determine whether a magistrate or a court orderly is responsible for keeping order in a magistrate's court.Show the full question

  29. Question B.1 · Law, norms and justice · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Select the statement that best defines 'law'.Show the full question

  30. Question B.2 · Legal history and legal families · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Identify what the Corpus Iuris Civilis is.Show the full question

  31. Question B.3 · Legal history and legal families · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Determine which of the listed countries' legal systems fall within the common law legal family.Show the full question

  32. Question B.4 · Legal terminology and general concepts · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Jane Mothibe entered into an agreement with Technicolour Painters for them to paint the Mothibe house, with Technicolour Painters undertaking to complete the job within three weeks. After the three weeks had passed, Technicolour Painters had only painted half the house, leaving Jane furious. Identify which one of Jane's rights was infringed.Show the full question

  33. Question B.5 · Legal history and legal families · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Following the division of the Roman Empire, several factors helped Roman law to survive. Identify which of the listed options did NOT form part of these survival factors.Show the full question

  34. Question B.6 · Divisions of South African law · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Temba and Thandi argue while waiting for a taxi at a taxi rank, and Temba shouts at Thandi, 'Thandi, you are a prostitute!' Thandi is very upset because some of her co-workers overheard the remark, and she approaches you for legal advice. Determine which branch of private law you would use to resolve her problem.Show the full question

  35. Question B.7 · Sources of South African law · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Themba Nowa acts as Karel's legal advisor in a labour dispute. Identify which authoritative source of South African law he should consult first.Show the full question

  36. Question B.8 · Sources of South African law · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Identify what the term 'common law' of South Africa usually refers to.Show the full question

  37. Question B.9 · The Constitution and fundamental rights · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Identify which of the following statements about a constitution is INCORRECT.Show the full question

  38. Question B.10 · The Constitution and fundamental rights · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Consider the following two statements about 'Supremacy of the Constitution': (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 listed options correctly evaluates statements (a) and (b).Show the full question

  39. Question B.11 · The Constitution and fundamental rights · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Jonathan Jones is in grade 8 and struggles with mathematics. One day his teacher loses her temper, gives him a hiding, and calls him 'a stupid monkey'. The next day Jonathan refuses to go back to school, and his parents go to see the headmaster. Identify which fundamental right of Jonathan's has been infringed.Show the full question

  40. Question B.12 · Divisions of South African law · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Evaluate the following statement: In terms of the Civil Union Act 17 of 2006, gays and lesbians can enter into a marriage with someone of the same sex.Show the full question

  41. Question B.13 · Courts, procedure and the legal profession · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. In a criminal matter the state must prove its case beyond reasonable doubt. Identify what 'beyond reasonable doubt' refers to in this context.Show the full question

  42. Question B.14 · Courts, procedure and the legal profession · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Mr Mahlobogwane reads through his grandson's study guide for Introduction to Law and comes across the term 'jurisdiction'. He asks his grandson what this legal term means, and his grandson explains that 'jurisdiction' means the following. Identify the correct explanation.Show the full question

  43. Question B.15 · Courts, procedure and the legal profession · 2 marks

    Section B of the paper consists of 15 multiple-choice questions, each worth two marks, giving a section total of 30 marks. For each question the candidate must select the one correct or most appropriate statement from four (or, in some cases, two) numbered alternatives and mark the chosen answer on the mark-reading sheet provided, using an HB pencil. Candidates are instructed to read the mark-reading sheet instructions carefully and to fill in the unique number 470944 on that sheet before answering. Consider the following two remarks about advocates and attorneys: (a) After completing their university studies, attorneys and advocates have to complete different forms of practical training before they can enter into practice; (b) Attorneys can qualify as conveyancers and notaries after having passed the required examinations. Determine which one of the listed options correctly evaluates statements (a) and (b).Show the full question

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