How often Sources of South African law is asked
Where it was asked
What costs marks here
Marker’s traps come from memos. We don’t have one for this module yet.
A memo tells us what the markers actually rewarded and penalised. With one, this section fills in for every student — help us get one.
The questions
Oct/Nov 2017, Q82 marks · multiple choice
This is Section B of the ILW1501 (Introduction to Law) October/November 2017 examination. It is made up of 15 multiple-choice questions, and for each one the candidate must select the ONE correct statement and record it on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. Each question is worth two marks, and the unique number 473798 must be filled in on the mark-reading sheet. With reference to the case citation Naude and Another v Fraser 1998 (4) SA 539 (SCA), select the correct completion of the sentence: '1998 refers to the year in which the ...'. Options are: (1) case was decided; (2) case commenced; (3) case was reported; (4) case was postponed.
May/Jun 2017, Q92 marks · multiple choice
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.
Oct/Nov 2016, Q1.11 mark
This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. Provide a description of what is meant by the term 'substantive law'.
Oct/Nov 2016, Q1.22 marks
This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. Explain how substantive justice is achieved.
Oct/Nov 2016, Q1.3.11 mark
This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. Consider the following scenario: Conrad and George are Grade 11 learners at St James College who play rugby for the first team. During a match they begin punching each other, thereby infringing upon a specific kind of right granted to them under private law. Based on this scenario, identify the kind of right that has been infringed.
Oct/Nov 2016, Q1.3.24 marks
This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. Using the same scenario of Conrad and George, who are Grade 11 learners at St James College playing rugby for the first team and who infringed a specific kind of right under private law by punching each other during a match, write a paragraph discussing this kind of right. In your answer you must briefly refer to the object or objects involved, the value of the object(s), and provide examples of this kind of right.
Oct/Nov 2016, Q1.44 marks
This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. During the sixth century AD, Justinian, the emperor of the Eastern Roman Empire, wanted his empire to be as glorious as the old Roman Empire and sought to bring order to the legal system of his time. Explain how Justinian contributed to the development of the legal system during his reign and to the preservation of Roman law in later centuries.
Oct/Nov 2016, Q1.53 marks
This question forms Section A, Question 1 of the October/November 2016 ILW1501 paper, and covers the nature and sources of law. This question deals with the different families of law found in the world. Column A lists six numbered items: 1) Indigenous legal family; 2) Ideology and economy; 3) Roman-Dutch law; 4) Common-law legal family; 5) South African law; 6) Marxism. Column B lists six lettered items: a) Hybrid legal family; b) Socialist legal family; c) Case law; d) Unwritten customary laws; e) Criteria for classification; f) Civil-law legal family. For each number in Column A, write down the letter from Column B that matches it (note that the numbered list appears again after the columns for you to fill in your answers; simply write the correct letter next to each number, for example: 6.a). Each of the six matches counts half a mark, giving a total of 3 marks for this sub-question.
Oct/Nov 2016, QB.72 marks · multiple choice
This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. What does the doctrine of precedent mean?
Oct/Nov 2016, QB.82 marks · multiple choice
This section contains 15 multiple-choice questions. For each question, choose the ONE correct statement/answer and mark it on the mark-reading sheet using an HB pencil. Each question counts TWO marks. The unique number to fill in on the mark-reading sheet is 473364. To what does the ratio decidendi of a court decision refer?
May/Jun 2016, Q62 marks · multiple choice
Section B consists of fifteen multiple-choice questions, each worth two marks, making up a total of 30 marks for the section. Candidates must select ONE correct statement per question and record their choice on the mark-reading sheet using an HB pencil, following the instructions printed on that sheet. The unique number to be filled in on the mark-reading sheet is 478340. Establish what the term 'common law' of South Africa usually refers to.
Oct/Nov 2015, Q1(a)3 marks
This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. Name three differences that exist between the law, on the one hand, and individual morality, on the other hand.
Oct/Nov 2015, Q1(b)3 marks
This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. Formal law must satisfy three basic requirements in order to achieve formal justice. Name these three basic requirements.
Oct/Nov 2015, Q1(c)(i)1 mark
This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. In terms of private law, the right that a person has over a creation of his or her own human intellect concerns a dual (two-fold) relationship. State what this specific right is called.
Oct/Nov 2015, Q1(c)(ii)2 marks
This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. Continuing from the previous part on the right a person has over a creation of his or her own human intellect, explain what this dual (two-fold) relationship involves.
Oct/Nov 2015, Q1(d)4 marks
This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. Distinguish between a personal right and a personality right.
Oct/Nov 2015, Q1(e)2 marks
This question forms part of Section A (compulsory, 70 marks) of the ILW1501 October/November 2015 paper on the Nature and Sources of Law, and answers must be written directly onto the examination paper in the space provided. Distinguish between the single most important characteristic of the civil-law legal family and the single most important characteristic of the common-law legal family.
Oct/Nov 2015, Q72 marks · multiple choice
Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Themba Nowa is Karel's legal advisor in a labour dispute. Which source of South African law should Themba consult first?
Oct/Nov 2015, Q82 marks · multiple choice
Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Select the statement that best describes what the 'common law' of South Africa usually refers to.
Oct/Nov 2015, Q92 marks · multiple choice
Section B is made up of 15 multiple-choice questions. For each question you must select the ONE correct or most appropriate statement from the four (or in some cases two) options given and record your choice on the mark-reading sheet provided, using an HB pencil. Each question is worth TWO marks, making a section total of 30 marks. The unique number 470655 must be filled in on the mark-reading sheet. Consider the following statements about where, in a court decision, the ratio decidendi is found: (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 the option that correctly identifies which of these statements are correct.
May/Jun 2015, QB.72 marks · multiple choice
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.
May/Jun 2015, QB.82 marks · multiple choice
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.
Oct/Nov 2014, Q4.15 marks
John and Stephen have been in a same-sex relationship for the past six years. They wish to get married but are uncertain of their legal position in this regard, so they approach their attorney, Jane Mothibe, to have their legal position explained to them. As a starting point, John and Stephen want to know more about the sources of South African law and put a series of questions to Jane. Assume you are Jane, their attorney, and answer each of the questions below. John and Stephen have heard that South Africa has two kinds of sources of law. As Jane, their attorney, name the two kinds of sources of law and give examples of each kind.
Oct/Nov 2014, Q4.22 marks
John and Stephen have been in a same-sex relationship for the past six years. They wish to get married but are uncertain of their legal position in this regard, so they approach their attorney, Jane Mothibe, to have their legal position explained to them. As a starting point, John and Stephen want to know more about the sources of South African law and put a series of questions to Jane. Assume you are Jane, their attorney, and answer each of the questions below. Continuing to advise John and Stephen as their attorney, explain what the difference is between the two kinds of sources of law you identified.
Oct/Nov 2014, Q4.31 mark
John and Stephen have been in a same-sex relationship for the past six years. They wish to get married but are uncertain of their legal position in this regard, so they approach their attorney, Jane Mothibe, to have their legal position explained to them. As a starting point, John and Stephen want to know more about the sources of South African law and put a series of questions to Jane. Assume you are Jane, their attorney, and answer each of the questions below. As Jane, John and Stephen's attorney, state which source of South African law you would have to consult first when you begin researching their case.
Oct/Nov 2014, Q4.42 marks
John and Stephen have been in a same-sex relationship for the past six years. They wish to get married but are uncertain of their legal position in this regard, so they approach their attorney, Jane Mothibe, to have their legal position explained to them. As a starting point, John and Stephen want to know more about the sources of South African law and put a series of questions to Jane. Assume you are Jane, their attorney, and answer each of the questions below. Still advising John and Stephen, explain the importance of the ratio decidendi of a court decision.
Oct/Nov 2014, Q82 marks · multiple choice
Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. State what the official government publication is called in which legislation is published.
Oct/Nov 2014, Q92 marks · multiple choice
Section B (Afdeling B) contains 15 multiple-choice questions worth 30 marks in total (15 x 2). For each question the candidate must select ONE correct statement and mark it in HB pencil on the mark-reading sheet provided, using the unique number 472755. Each question counts two marks. In a court decision an obiter dictum can be found, for example when: (a) the judge makes an incidental remark; (b) the judge quotes a similar case; (c) the judge puts his argument before court; (d) the judge gives the reason for his decision. Choose the correct combination of these statements from the options provided.
May/Jun 2013, Q4.13 marks
Mr and Mrs Kok are unable to have children of their own and decide to adopt a baby. Just before they are due to receive their new child, they run into problems with the adoption process. They approach their attorney, Jane Mothibe, to explain their legal position to them. Before dealing with the adoption itself, Mr and Mrs Kok want to know more about the South African sources of law and put a series of questions to Jane. You must supply the answers Jane would give to each of these questions. Name three forms of South African statutory law.
May/Jun 2013, Q4.22 marks
Mr and Mrs Kok are unable to have children of their own and decide to adopt a baby. Just before they are due to receive their new child, they run into problems with the adoption process. They approach their attorney, Jane Mothibe, to explain their legal position to them. Before dealing with the adoption itself, Mr and Mrs Kok want to know more about the South African sources of law and put a series of questions to Jane. You must supply the answers Jane would give to each of these questions. As part of explaining the South African sources of law to Mr and Mrs Kok, state how many kinds of sources of law exist in South African law, and give the name of each kind.
May/Jun 2013, Q4.32 marks
Mr and Mrs Kok are unable to have children of their own and decide to adopt a baby. Just before they are due to receive their new child, they run into problems with the adoption process. They approach their attorney, Jane Mothibe, to explain their legal position to them. Before dealing with the adoption itself, Mr and Mrs Kok want to know more about the South African sources of law and put a series of questions to Jane. You must supply the answers Jane would give to each of these questions. Continuing to advise Mr and Mrs Kok on the sources of law, explain what the difference is between these kinds of sources of law that you identified.
May/Jun 2013, Q4.41 mark
Mr and Mrs Kok are unable to have children of their own and decide to adopt a baby. Just before they are due to receive their new child, they run into problems with the adoption process. They approach their attorney, Jane Mothibe, to explain their legal position to them. Before dealing with the adoption itself, Mr and Mrs Kok want to know more about the South African sources of law and put a series of questions to Jane. You must supply the answers Jane would give to each of these questions. Identify the first source of South African law that Jane will have to consult when she begins preparing Mr and Mrs Kok's adoption case.
May/Jun 2013, Q4.51 mark
Mr and Mrs Kok are unable to have children of their own and decide to adopt a baby. Just before they are due to receive their new child, they run into problems with the adoption process. They approach their attorney, Jane Mothibe, to explain their legal position to them. Before dealing with the adoption itself, Mr and Mrs Kok want to know more about the South African sources of law and put a series of questions to Jane. You must supply the answers Jane would give to each of these questions. State to which kind of sources of law your answer given in question 4.4 (the source Jane must first consult) belongs.
May/Jun 2013, Q4.61 mark
Mr and Mrs Kok are unable to have children of their own and decide to adopt a baby. Just before they are due to receive their new child, they run into problems with the adoption process. They approach their attorney, Jane Mothibe, to explain their legal position to them. Before dealing with the adoption itself, Mr and Mrs Kok want to know more about the South African sources of law and put a series of questions to Jane. You must supply the answers Jane would give to each of these questions. Explain what the term 'ratio decidendi' of a court decision refers to.
May/Jun 2013, QB62 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks (15 x 2 = 30). Candidates must select one correct statement per question and mark it on the mark-reading sheet supplied, using an HB pencil, after first reading the instructions on that sheet carefully. The unique number to be filled in on the mark-reading sheet is 482149. Custom is not made up of written rules but develops from usages within a community. Identify which of the following is NOT a requirement that a custom must fulfil in order to be recognised as a legal rule.
Oct/Nov 2012, Q4.13 marks
Court decisions, also known as case law, form one of the main authoritative sources of South African law, and the principle of judicial precedent applies in this context. Briefly explain what is meant by judicial precedent, and name the two requirements that must be met for the precedent system to operate.
Oct/Nov 2012, Q4.25 marks
Indicate whether custom is regarded as an authoritative or a persuasive source of law, and name the requirements that a custom must satisfy before it can be recognised as a legal rule.
Oct/Nov 2012, Q4.32 marks
Distinguish between the terms ratio decidendi and obiter dicta.
Oct/Nov 2012, Q72 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks, for a section total of 30 marks. Candidates must select ONE correct statement per question and mark it in HB pencil on the mark-reading sheet provided, using unique number 491273. Which of the following sources of law is NOT authoritative?
Oct/Nov 2012, Q82 marks · multiple choice
This section contains 15 multiple-choice questions, each worth two marks, for a section total of 30 marks. Candidates must select ONE correct statement per question and mark it in HB pencil on the mark-reading sheet provided, using unique number 491273. Persuasive or secondary sources of law are found in which of the following groupings?
May/Jun 2012, Q4(a)(i)1 mark
Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. Explain to Mrs Clark, in the context of her planned divorce case against Mr Clark, that South African law recognises two different kinds of sources of law, and name these two kinds of sources of law.
May/Jun 2012, Q4(a)(ii)2 marks
Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. Mrs Clark now asks you to explain to her the difference between the two kinds of sources of law you named for her in question 4(a)(i). Provide that explanation.
May/Jun 2012, Q4(a)(iii)1 mark
Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. Name the single most important source of South African law that you, as Mrs Clark's legal adviser, will need to consult first when you begin preparing for her divorce case against Mr Clark.
May/Jun 2012, Q4(a)(iv)1 mark
Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. State to which of the two kinds of sources of law (identified in 4(a)(i)) the source of law you named in your answer to 4(a)(iii) belongs.
May/Jun 2012, Q4(b)3 marks
Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. Write a short paragraph discussing African indigenous law as a source of South African law.
May/Jun 2012, Q4(c)2 marks
Mr and Mrs Clark have been married for ten years. Two years ago Mr Clark, a well-known businessman in the community, began an extra-marital relationship with his neighbour's wife. When Mrs Clark discovered her husband's adultery a year later, she decided to divorce him. She approaches you, as her legal adviser, and asks you to explain to her which sources of law you will use in her divorce case against Mr Clark. Thomas Mothibe wants to follow in the footsteps of his mother, Jane, and become an attorney, and has therefore registered as a law student at Unisa. Thomas must submit an assignment on how to read an Act and is struggling to answer some of the assignment questions, so he asks you to help him. Explain to Thomas where, within the Choice on Termination of Pregnancy Act 92 of 1996, he would find each of the following: (i) the name of the Act; (ii) the purpose of the Act; (iii) the underlying philosophy of the Act; and (iv) the definition clause of the Act.
May/Jun 2011, Q122 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) 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.
May/Jun 2011, Q132 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) 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.
May/Jun 2011, Q142 marks · multiple choice
This section contains 25 multiple-choice questions. For each item you must select the ONE correct or best statement and mark it in HB pencil on the mark-reading sheet provided; each question is worth two marks. (Students writing ILW1501 should use unique number 497921; those writing the ILW1036 supplementary exam should use unique number 475753.) 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.
The full Spot Map and the marks by year.