ILW1501 May/Jun 2017 exam paper — questions

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

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Select the statement that is correct.Show the full question

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

    This question concerns the nature and classification of law and is worth 15 marks in total, to be completed directly on the examination paper. The various normative systems differ from one another mainly in respect of three particular aspects. Name these three aspects.Show the full question

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

    This question concerns the nature and classification of law and is worth 15 marks in total, to be completed directly on the examination paper. Explain the difference between the concept of 'substantive law' and the concept of 'formal law'.Show the full question

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

    This question concerns the nature and classification of law and is worth 15 marks in total, to be completed directly on the examination paper. Describe how substantive justice is achieved.Show the full question

  5. Question 1.4 · Law, norms and justice · 3 marks

    This question concerns the nature and classification of law and is worth 15 marks in total, to be completed directly on the examination paper. Consider the following scenario: Conrad and George are Grade 11 learners at St James College and both play for the first rugby team. During a match, Conrad starts punching George, thereby infringing George's personality right, a right granted to him under private law. Based on this scenario, explain the relationship between the law (in this instance, private law) and George's personality right.Show the full question

  6. Question 1.5 · Law, norms and justice · 2 marks

    This question concerns the nature and classification of law and is worth 15 marks in total, to be completed directly on the examination paper. Identify two factors that contributed to the survival of Roman law following the split of the Roman Empire.Show the full question

  7. Question 1.6 · Law, norms and justice · 3 marks

    This question concerns the nature and classification of law and is worth 15 marks in total, to be completed directly on the examination paper. Certain criteria can be used to distinguish between the different legal families. Name three of these criteria.Show the full question

  8. Question 2 · Divisions of South African law · 2 marks

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Mr Nkomo and Mr Masina both farm near the N3 highway leading to Estcourt. Mr Nkomo owns the farm Madikwe, which lies alongside the N3. Mr Masina, the owner of the neighbouring farm Java, holds a right of way across Mr Nkomo's farm so that he can reach the N3 highway to Estcourt. Select the statement that is correct.Show the full question

  9. Question 2.1 · Divisions of South African law · 2 marks

    Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Considering the scenario involving Ken Klapman and Silas Ngobeni, state which main division of South African law will apply to this situation and give a reason to support your answer.Show the full question

  10. Question 2.2 · Divisions of South African law · 3 marks

    Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Building on your answer to 2.1 for the Ken Klapman and Silas Ngobeni scenario, name one division of that main branch of law (note: this division falls under either substantive law or material law) that will apply here, and provide a reason for your choice.Show the full question

  11. Question 2.3 · Divisions of South African law · 2 marks

    Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. With reference to your answer in 2.2 regarding the Ken Klapman and Silas Ngobeni case, identify the subdivision of the law of procedure that will be relevant to this scenario, and give a reason for your answer.Show the full question

  12. Question 2.4 · Divisions of South African law · 2 marks

    Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Suppose the state decides to call a witness during Ken Klapman's trial arising from the incident with Silas Ngobeni. Identify which further subdivision of the law of procedure would then be applicable, and provide a reason for your answer.Show the full question

  13. Question 2.5 · Divisions of South African law · 2 marks

    Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Determine whether the court will apply the law of civil procedure in Ken Klapman's case against Silas Ngobeni, and give a reason for your answer.Show the full question

  14. Question 2.6 · Divisions of South African law · 2 marks

    Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Assume that, just before the incident between Ken Klapman and Silas Ngobeni took place, the Supreme Court of Appeal had set a precedent in a case similar to this one. State which court or courts would be obliged to follow this precedent, and give a reason for your answer.Show the full question

  15. Question 2.7 · Divisions of South African law · 2 marks

    Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Name the two requirements that must be met for the precedent system to operate.Show the full question

  16. Question 3 · Legal terminology and general concepts · 2 marks

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Two statements are given: (a) a personality right is a right to physical integrity which other persons must respect; (b) a personal right is a right to performance against another person or persons. Decide which option correctly describes the accuracy of these two statements.Show the full question

  17. Question 3.1 · The Constitution and fundamental rights · 3 marks

    Give a brief discussion of the possible effects that constitutionalism can have on legislation.Show the full question

  18. Question 3.2.1 · The Constitution and fundamental rights · 1 marks

    Consider the following scenario: the government has granted permission for the testing of nuclear weapons in a remote area of the country, believing it to be safe because no one lives anywhere near that area. The Green Party disagrees and decides to launch a protest action. The Van der Merwes and the Mothibes, who are environmental activists, decide to join the protest. Jane is a member of the Green Party's legal team, which is seeking a court order to prevent the nuclear testing from proceeding. Based on this scenario, identify which specific fundamental right has been infringed.Show the full question

  19. Question 3.2.2 · The Constitution and fundamental rights · 2 marks

    Referring to the same nuclear-testing scenario (in which the government authorised testing in a remote area, the Green Party protested, the Van der Merwes and Mothibes joined the protest as environmental activists, and Jane of the Green Party's legal team sought a court order to stop the testing), identify and discuss the category of the fundamental right that has been infringed.Show the full question

  20. Question 3.3 · The Constitution and fundamental rights · 5 marks

    List five factors that a court will consider when determining whether the limitation of a fundamental right is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom.Show the full question

  21. Question 3.4.1 · The Constitution and fundamental rights · 1 marks

    Consider the following scenario: John Brown and Peter Smith have been in a permanent same-sex relationship for many years and have always dreamed of marrying, but unfortunately for them, the definition of marriage in South African law did not previously include permanent same-sex relationships. They were delighted when, in 2005, the Constitutional Court decided that such relationships must also be included in the definition of marriage, ruling that the definition of marriage in terms of the common law and the Marriage Act 25 of 1961 is unconstitutional. John and Peter were even more delighted when the Civil Union Act 17 of 2006 came into operation at the end of 2006. Based on this scenario, explain why the Constitutional Court decided that the definition of marriage, in terms of the common law and the Marriage Act of 1961, is unconstitutional.Show the full question

  22. Question 3.4.2 · The Constitution and fundamental rights · 3 marks

    Referring to the same scenario involving John Brown and Peter Smith, who were in a permanent same-sex relationship and welcomed the Constitutional Court's 2005 ruling on the definition of marriage, explain how the Civil Union Act 17 of 2006 changed the legal position regarding same-sex relationships in South Africa.Show the full question

  23. Question 4 · Legal history and legal families · 2 marks

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. During the British occupation of the Cape between 1806 and 1910, several factors contributed to the reception of English law. Identify which one of the following options was NOT one of these contributing factors.Show the full question

  24. Question 4.1 · Courts, procedure and the legal profession · 2 marks

    Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. Based on the scenario involving Sipho Sibisi and Zodwa Pheswa, identify the legal dispute that could arise from these facts and give a reason to support your identification.Show the full question

  25. Question 4.2 · Courts, procedure and the legal profession · 1 marks

    Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. Referring back to your answer in 4.1 about the dispute between Sipho and Zodwa, explain what the purpose of this specific type of legal dispute is.Show the full question

  26. Question 4.3 · Courts, procedure and the legal profession · 4 marks

    Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. In the legal dispute between Sipho and Zodwa, explain what role each of them will respectively play (for example plaintiff/defendant or similar roles), and give reasons for your answer.Show the full question

  27. Question 4.4 · Courts, procedure and the legal profession · 2 marks

    Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. In this legal dispute between Sipho and Zodwa, state what the onus of proof will be and on whom it will rest.Show the full question

  28. Question 4.5 · Courts, procedure and the legal profession · 2 marks

    Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. Determine which court will have jurisdiction to hear the legal dispute between Sipho and Zodwa, and provide a reason for your answer.Show the full question

  29. Question 4.6.1 · Courts, procedure and the legal profession · 2 marks

    Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. Consider whether the process of appeal or review should be used in the following situation, and give reasons for your answer: Sipho sues Zodwa for breach of contract. He loses the case. It later transpires that Zodwa's uncle had been the presiding officer in the court proceedings.Show the full question

  30. Question 4.6.2 · Courts, procedure and the legal profession · 2 marks

    Mr Sipho Sibisi entered into a contract of sale with Mrs Zodwa Pheswa. Under this contract Sipho undertook to sell his motor vehicle, a red Mazda 3, to Zodwa for R180 000. They agreed that Zodwa would pay the purchase price when Sipho delivered the car to her. When Sipho tried to deliver the vehicle, Zodwa refused to pay the purchase price, telling him that she no longer liked the Mazda 3 and was in the process of arranging to buy a different car, a blue Toyota Corolla. Consider whether the process of appeal or review should be used in the following situation, and give reasons for your answer: Sipho sues Zodwa for breach of contract. He wins the case with costs. Zodwa claims that the court reached an incorrect decision.Show the full question

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

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Identify which one of the following legal systems CANNOT be classified within the civil-law legal family.Show the full question

  32. Question 5.1 · Legal terminology and general concepts · 1 marks

    Candidates must complete each sentence below by writing the correct word or words in the blank space provided; the number of words required for each blank is indicated in brackets after the space. Complete the sentence: the law is made up of norms which the _____ (two words) regard as binding and which must be obeyed.Show the full question

  33. Question 5.2 · Legal terminology and general concepts · 1 marks

    Candidates must complete each sentence below by writing the correct word or words in the blank space provided; the number of words required for each blank is indicated in brackets after the space. Complete the sentence: in private law the four classes of rights are grouped according to the _____ (one word) of each of the four classes of rights.Show the full question

  34. Question 5.3 · Legal terminology and general concepts · 1 marks

    Candidates must complete each sentence below by writing the correct word or words in the blank space provided; the number of words required for each blank is indicated in brackets after the space. Complete the sentence: in the Netherlands, the reception of Roman law brought about the creation of what became known as the _____ (one word) law.Show the full question

  35. Question 5.4 · Legal terminology and general concepts · 1 marks

    Candidates must complete each sentence below by writing the correct word or words in the blank space provided; the number of words required for each blank is indicated in brackets after the space. Complete the sentence: the South African legal system is classified under the _____ (one word) legal family.Show the full question

  36. Question 5.5 · Legal terminology and general concepts · 1 marks

    Candidates must complete each sentence below by writing the correct word or words in the blank space provided; the number of words required for each blank is indicated in brackets after the space. Complete the sentence: a/an _____ (one word) is a legal relationship in terms of which one party has a right to performance and the other party has a corresponding duty to perform.Show the full question

  37. Question 5.6 · Legal terminology and general concepts · 1 marks

    Candidates must complete each sentence below by writing the correct word or words in the blank space provided; the number of words required for each blank is indicated in brackets after the space. Complete the sentence: the _____ (three words) is essential in a democratic country in order to prevent abuse of power by one of the divisions of government.Show the full question

  38. Question 5.7 · Legal terminology and general concepts · 1 marks

    Candidates must complete each sentence below by writing the correct word or words in the blank space provided; the number of words required for each blank is indicated in brackets after the space. Complete the sentence: all persons are born with _____ (two words), which gives them a claim to fundamental rights.Show the full question

  39. Question 5.8 · Legal terminology and general concepts · 1 marks

    Candidates must complete each sentence below by writing the correct word or words in the blank space provided; the number of words required for each blank is indicated in brackets after the space. Complete the sentence: the application of the Bill of Rights between the state and a private institution is known as the _____ (one word) application of the Bill of Rights.Show the full question

  40. Question 5.9 · Legal terminology and general concepts · 1 marks

    Candidates must complete each sentence below by writing the correct word or words in the blank space provided; the number of words required for each blank is indicated in brackets after the space. Complete the sentence: in a criminal case, a court's _____ (one word) is determined by the type of offence committed by the accused.Show the full question

  41. Question 5.10 · Legal terminology and general concepts · 1 marks

    Candidates must complete each sentence below by writing the correct word or words in the blank space provided; the number of words required for each blank is indicated in brackets after the space. Complete the sentence: the Supreme Court of Appeal is the highest court with regard to _____ (one word) and _____ (one word) cases.Show the full question

  42. Question 6 · Law, norms and justice · 2 marks

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Legal philosophy, also called jurisprudence, examines law from a philosophical viewpoint, and as a result several different perspectives have developed within it. Identify which one of the following is NOT considered a perspective of legal philosophy.Show the full question

  43. Question 7 · Divisions of South African law · 2 marks

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Themba receives a fine for driving at 60 km/h in a zone where the speed limit is 40 km/h. Identify which type of law he has contravened.Show the full question

  44. Question 8 · Courts, procedure and the legal profession · 2 marks

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. With reference to the case of Naude and Another v Fraser 1998 (4) SA 539 (SCA), complete the sentence by selecting the correct option: in this case, Fraser refers to the...Show the full question

  45. Question 9 · Sources of South African law · 2 marks

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Identify which one of the following parts of an Act indicates the purpose of that Act.Show the full question

  46. Question 10 · The Constitution and fundamental rights · 2 marks

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Two statements about the meaning of "Supremacy of the Constitution" are given: (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. Decide which option correctly reflects the accuracy of these statements.Show the full question

  47. Question 11 · The Constitution and fundamental rights · 2 marks

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Identify in which chapter of the Constitution the Bill of Rights is found.Show the full question

  48. Question 12 · The Constitution and fundamental rights · 2 marks

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Within the Bill of Rights, non-derogable rights are described as those rights which fall into one of four categories. Identify which one of the following statements about non-derogable rights is INCORRECT.Show the full question

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

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Identify which one of the following persons is NOT a possible role player in a criminal case heard in a magistrates' court.Show the full question

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

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Complete the following sentence by selecting the correct option: the decision of the High Court in Senekal v Roodt 1983 (2) SA 602 (T) is binding on...Show the full question

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

    This section is made up of 15 multiple-choice items. For every item you must select the ONE correct statement and record your choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each item is worth TWO marks, and the unique number 475125 must be entered on the mark-reading sheet. Advocates are admitted to the profession by the High Court provided they meet certain statutory requirements. Two statements are given: (a) an LLB degree from any university in South Africa is a statutory requirement for admission to the profession; (b) prior admission as an attorney with the Law Society is a statutory requirement for admission to the profession. Decide which option correctly reflects the accuracy of these statements.Show the full question

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