ILW1501 Oct/Nov 2012 exam paper — questions

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

    Question 1 concerns normative systems and formal justice, focusing on a scenario involving Martie van der Merwe, a lecturer at New Africa University who applies for promotion but is not promoted, and Karel van der Merwe, who inherits a portrait of his grandmother from his late grandfather. Normative systems differ from one another mainly in respect of three particular aspects. Name these three aspects.Show the full question

  2. Question 1(b) · Law, norms and justice · 4 marks

    Question 1 concerns normative systems and formal justice, focusing on a scenario involving Martie van der Merwe, a lecturer at New Africa University who applies for promotion but is not promoted, and Karel van der Merwe, who inherits a portrait of his grandmother from his late grandfather. Martie van der Merwe, a lecturer at New Africa University, applies for a promotion but is unfortunately not promoted. She lodges a complaint against the University's decision. The University allows her the opportunity to state her case, and an impartial person who hears her complaint decides that the rules relating to promotion within the University are clear and apply equally to all staff members. Despite this, Martie believes she was not promoted purely because she is a woman. Discuss whether formal justice has been achieved in this case, giving reasons to support your answer.Show the full question

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

    Question 1 concerns normative systems and formal justice, focusing on a scenario involving Martie van der Merwe, a lecturer at New Africa University who applies for promotion but is not promoted, and Karel van der Merwe, who inherits a portrait of his grandmother from his late grandfather. Karel van der Merwe's grandfather died a year ago, and Karel inherited a portrait of his grandmother that his grandfather had painted of her during their honeymoon. Identify the legal object present in this scenario and provide a detailed explanation to justify your answer.Show the full question

  4. Question 2(a) · Legal history and legal families · 4 marks

    This question on legal history and legal families is worth 10 marks in total. For each of the four statements below, two options appear in brackets; circle the option that correctly completes each statement: (i) the Corpus Iuris Civilis is a codification of the (Roman law / Roman-Dutch law); (ii) (Germanic law / Roman law) formed the foundation of canon law; (iii) in the Netherlands it was the (codification / reception) of Roman law that caused the creation of what became known as Roman-Dutch law; (iv) the writings of the Roman-Dutch jurists Hugo de Groot and Johannes Voet form part of our (common law / customary law).Show the full question

  5. Question 2(b) · Legal history and legal families · 3 marks

    This question on legal history and legal families is worth 10 marks in total. Using criteria such as style and technique, ideology, and economic elements, three major legal families can be identified. Name these three legal families.Show the full question

  6. Question 2(c) · Legal history and legal families · 3 marks

    This question on legal history and legal families is worth 10 marks in total. Name the three components that make up our hybrid South African legal system.Show the full question

  7. Question 3.1 · Divisions of South African law · 6 marks

    South African law can be split into two main divisions using two different methods. Identify what these two methods of division are, and discuss each one in full detail.Show the full question

  8. Question 3.2 · Divisions of South African law · 4 marks

    Provide a definition of a legal obligation, and name the three subdivisions into which the law of obligations can be divided.Show the full question

  9. Question 4.1 · Sources of South African law · 3 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.Show the full question

  10. Question 4.2 · Sources of South African law · 5 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.Show the full question

  11. Question 4.3 · Sources of South African law · 2 marks

    Distinguish between the terms ratio decidendi and obiter dicta.Show the full question

  12. Question 5(a) · The Constitution and fundamental rights · 2 marks

    Explain what is meant when reference is made to the 'constitution' of South Africa.Show the full question

  13. Question 5(b)(i) · The Constitution and fundamental rights · 3 marks

    Consider the following scenario: an alleged drug dealer is brought before court on drug-related charges, and attorney Jane Mothibe represents him. He alleges that the police tortured him in order to persuade him to sign a confession, and that they told him he was a criminal who had no rights at all. Based on this scenario, identify the three fundamental rights that would protect the alleged drug dealer in this situation.Show the full question

  14. Question 5(b)(ii) · The Constitution and fundamental rights · 3 marks

    Using the same scenario of the alleged drug dealer represented by Jane Mothibe who claims he was tortured by police to sign a confession after being told he had no rights, identify and discuss in full detail the category into which the three fundamental rights you named in the previous part fall.Show the full question

  15. Question 5(b)(iii) · The Constitution and fundamental rights · 2 marks

    Again referring to the scenario of the alleged drug dealer represented by Jane Mothibe who was allegedly tortured by police into signing a confession after being told he had no rights, state which type of application of the Bill of Rights applies in this scenario, and give a reason for your answer.Show the full question

  16. Question 6(a) · The Constitution and fundamental rights · 5 marks

    The 1996 Constitution has significantly influenced various areas of South African law. With reference to the way the 1996 Constitution has shaped family law, discuss its influence specifically on how a marriage is defined and on the legal position of same-sex (gay) couples in this context.Show the full question

  17. Question 6(b) · The Constitution and fundamental rights · 5 marks

    The 1996 Constitution has significantly influenced various areas of South African law. Discuss how the 1996 Constitution has influenced criminal law, focusing specifically on the position of the death penalty under South African law, and support your discussion by referring to relevant case law.Show the full question

  18. Question 7(a)(i) · Courts, procedure and the legal profession · 4 marks

    Read the following scenario and answer the questions that follow. Handie Crombie, who is 16 years old, and Judd King, who is 17 years old, live next door to each other. They are not really friends, but they walk to school together every morning. One day at school, Handie hits Judd with a cricket bat because he does not like Judd. Judd sustains severe head injuries and has to undergo an emergency operation which costs R400 000. Based on the scenario involving Handie Crombie and Judd King, name the two different legal disputes that might arise from these facts, and explain the purpose of each of the disputes that you name.Show the full question

  19. Question 7(a)(ii) · Courts, procedure and the legal profession · 2 marks

    Read the following scenario and answer the questions that follow. Handie Crombie, who is 16 years old, and Judd King, who is 17 years old, live next door to each other. They are not really friends, but they walk to school together every morning. One day at school, Handie hits Judd with a cricket bat because he does not like Judd. Judd sustains severe head injuries and has to undergo an emergency operation which costs R400 000. In which court can Judd King claim the R400 000 for the emergency operation resulting from Handie Crombie's assault with the cricket bat? Give a reason for your answer.Show the full question

  20. Question 7(a)(iii) · Courts, procedure and the legal profession · 4 marks

    Read the following scenario and answer the questions that follow. Handie Crombie, who is 16 years old, and Judd King, who is 17 years old, live next door to each other. They are not really friends, but they walk to school together every morning. One day at school, Handie hits Judd with a cricket bat because he does not like Judd. Judd sustains severe head injuries and has to undergo an emergency operation which costs R400 000. Fully discuss and compare the onus of proof applicable in the two legal disputes that you named in question 7(a)(i) regarding the Handie Crombie and Judd King scenario.Show the full question

  21. Question 1 · Legal terminology and general concepts · 2 marks

    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. In South Africa, what does the term 'the law' refer to?Show the full question

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

    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. What does substantive law refer to?Show the full question

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

    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. Freddy buys a valuable painting from Nazeer's art shop and pays Nazeer the full amount for it. They agree that Nazeer will deliver the painting the following day, but the next day Nazeer refuses to deliver it. Which right of Freddy's has been infringed?Show the full question

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

    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. Consider the following two statements about the connection between law and a right: (a) the law limits the content and scope of all rights; (b) the Bill of Rights prescribes the limitations of all rights. Which option is correct?Show the full question

  25. Question 5 · Divisions of South African law · 2 marks

    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 is NOT a division of private law?Show the full question

  26. Question 6 · Divisions of South African law · 2 marks

    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 groupings of legal disciplines fall within public law?Show the full question

  27. Question 7 · Sources of South African law · 2 marks

    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?Show the full question

  28. Question 8 · Sources of South African law · 2 marks

    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?Show the full question

  29. Question 9 · Courts, procedure and the legal profession · 2 marks

    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. Consider the case reference Naude and Another v Fraser 1998 (4) SA 539 (SCA) and complete the sentence by choosing the correct option: in this case, Fraser refers to the...Show the full question

  30. Question 10 · Courts, procedure and the legal profession · 2 marks

    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. Complete the following sentence by choosing 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

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

    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. A number of special features have been built into our Constitution to ensure that our democracy succeeds. Which one of the following features is the odd one out?Show the full question

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

    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. Christina's school principal forces all learners to attend a religious assembly every morning in the school hall. The school is administrated by the Gauteng Department of Education. Which fundamental right of Christina has been infringed?Show the full question

  33. Question 13 · The Constitution and fundamental rights · 2 marks

    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. Certain rights contained in the Bill of Rights are non-derogable. Which of the following rights is protected in its entirety?Show the full question

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

    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. A police officer is charged with the unlawful shooting and killing of a pedestrian during a car chase involving a gang of robbers. The police officer has to appear in the South Gauteng High Court. Who will represent the state in this case?Show the full question

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

    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. John Smith was awarded a claim of R150 000 by the High Court against Peter Nel, after the court found that Peter caused the motor car accident in which John sustained severe injuries. Peter is not satisfied with the ruling of the court, because he believes the accident was not his fault. Which court can Peter approach next?Show the full question

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