ILW1501 May/Jun 2016 exam paper — questions

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  1. Question 1.1 · Law, norms and justice · 4 marks

    When a conflict arises between law and religion as two normative systems, explain which system's rules ought to be followed. In formulating your answer, concentrate specifically on how legal rules differ from religious rules.Show the full question

  2. Question 1.2 · Law, norms and justice · 4 marks

    Consider the following scenario: Martie van der Merwe is a lecturer at New Africa University who applies for a promotion. She is unsuccessful and lodges a complaint against the university's decision. The university allows her the opportunity to state her case, and an impartial adjudicator hears her grievance. The adjudicator concludes that the university's promotion rules are clear and are applied equally to all staff members. Despite this finding, Martie remains convinced that she was denied the promotion purely because she is a woman. Based on this scenario, discuss whether formal justice has been achieved, and support your answer with reasons.Show the full question

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

    Consider the following scenario: John purchases a second-hand motorbike from his friend, Peter, for R10 000. This transaction creates a contract of purchase and sale between John and Peter. John pays Peter the agreed purchase price of R10 000, but Peter subsequently refuses to hand over the motorbike as required by their contract. Based on this scenario, identify two kinds of rights that apply, and explain in detail what each kind of right entails.Show the full question

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

    During the sixth century AD, Justinian, the emperor of the Eastern Roman Empire, sought to restore his empire to the same glory as the old Roman Empire and aimed to bring order to the legal system of his era. Explain how Justinian contributed to the development of the legal system during his reign, and how his actions helped preserve Roman law for later centuries.Show the full question

  5. Question 2.1 · Divisions of South African law · 4 marks

    Explain the difference between criminal law and the law of criminal procedure, showing how each fits in as a division of public law.Show the full question

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