ILW1501 May/Jun 2013 exam paper — questions

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  1. Question 1.1 · Divisions of South African law · 3 marks

    This question deals with the divisions of South African law and the classification of rights. South African law can be split into two main divisions using two different methods. One method distinguishes between public law and private law. Identify the other method that is used to divide South African law into these two main divisions, and discuss it in detail.Show the full question

  2. Question 1.2 · Divisions of South African law · 3 marks

    This question deals with the divisions of South African law and the classification of rights. 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 1.3 · Divisions of South African law · 4 marks

    This question deals with the divisions of South African law and the classification of rights. Identify four classes or types of rights, together with the object that corresponds to each type of right.Show the full question

  4. Question 2(a) · Legal history and legal families · 3 marks

    This question deals with the history of South African law and the classification of legal families. The history of our legal system can be traced right back to Roman times and is generally divided into three distinct parts. Name these three parts.Show the full question

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

    This question deals with the history of South African law and the classification of legal families. Using criteria such as style and technique, ideology, and economic factors, legal scholars are able to identify the Romano-Germanic, Anglo-American and Socialist legal families. However, many other legal families can also be identified. Name three of these other legal families.Show the full question

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

    This question deals with the history of South African law and the classification of legal families. Considering the legal families you identified in your answer to part (b) above, indicate to which of these families the South African legal system belongs, and motivate your answer.Show the full question

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

    A diagram sets out how 'the law' splits into public law, private law and other areas of law, with several entries replaced by the letters (A) to (F). Under the public-law column the list reads: (1) international law; (2) (A); (3) administrative law; (4) criminal law; (5) law of procedure, itself divided into (a) civil procedure, (b) (B), and (c) law of evidence. Under the private-law column the list reads: (1) law of persons; (2) family law; (3) (C); (4) law of patrimony, itself divided into (a) (D), (b) law of succession, and (c) law of obligations, which is further split into (i) law of contract, (ii) (E), and (iii) enrichment. Under 'other areas of law' the list reads: (1) mercantile law; (2) (F); (3) conflict of laws; and (4) legal philosophy. Using the answer space provided on page 8 of the paper, write down the correct term that belongs at each of the letters (A) to (F) to complete the diagram.Show the full question

  8. Question 3(b)(i) · Divisions of South African law · 1 marks

    Read the following scenario involving the Krugers: the Krugers moved into a neighbourhood where the Mothibes and the Van der Merwes already live. Both families welcomed the Krugers and invited them to a braai. Daan Kruger is a panel-beater and his wife Sarah is a teacher. Unknown to the Mothibes and the Van der Merwes, Daan planned to run his panel-beating business from home in future, and once he started, the noise began. Daan ignored the neighbours' complaints and worked from early morning until late at night. The neighbours decided to approach attorney Jane Mothibe for legal advice, and she asked you, her article clerk, to work out the answers to the questions that follow. First, state which real right belonging to the neighbours has been infringed by Daan Kruger's conduct.Show the full question

  9. Question 3(b)(ii) · Divisions of South African law · 3 marks

    Continuing with the scenario of the Krugers, who moved next door to the Mothibes and the Van der Merwes and whose panel-beating business run from home by Daan Kruger caused ongoing noise that upset the neighbours (who then sought legal advice from Jane Mothibe): the Krugers argue, in their defence, that the real right of the neighbours which has been infringed is the most complete right a person can hold and that it cannot be restricted in any way. Explain to the Krugers why this claim of theirs is incorrect.Show the full question

  10. Question 3(b)(iii) · Divisions of South African law · 1 marks

    Still within the Krugers' scenario, where Daan Kruger's home-based panel-beating business disturbed the neighbouring Mothibe and Van der Merwe families and led them to consult attorney Jane Mothibe: state to which division of private law the real right that has been infringed belongs.Show the full question

  11. Question 3(c) · Divisions of South African law · 2 marks

    The rules governing intestate succession only come into operation in two specific situations. Name these two cases in which the rules of intestate succession apply.Show the full question

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

  13. Question 4.2 · Sources of South African law · 2 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.Show the full question

  14. Question 4.3 · Sources of South African law · 2 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.Show the full question

  15. Question 4.4 · Sources of South African law · 1 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. 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.Show the full question

  16. Question 4.5 · Sources of South African law · 1 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. State to which kind of sources of law your answer given in question 4.4 (the source Jane must first consult) belongs.Show the full question

  17. Question 4.6 · Sources of South African law · 1 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. Explain what the term 'ratio decidendi' of a court decision refers to.Show the full question

  18. Question 5.1 · The Constitution and fundamental rights · 6 marks

    State power in South Africa is separated and divided into three different sections or branches. Name these three sections and briefly explain what the function of each of these sections is.Show the full question

  19. Question 5.2 · The Constitution and fundamental rights · 4 marks

    Lizelle is an ethical vegetarian and an animal-rights activist who regularly takes part in protests against the exploitation of animals. One day, while she is protesting with a group of fellow activists outside the offices of the Department of Agriculture, a state official confronts her and tells her that she has no right to hold up a poster reading 'meat is murder'. The official threatens to have Lizelle arrested. Identify the category of fundamental rights that would protect Lizelle in this situation, discuss this category in detail, and state which specific (one) fundamental right within that category applies to her case.Show the full question

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

    John Brown and Peter Smith have lived together in a permanent same-sex relationship for many years. They always dreamed of one day marrying, but unfortunately the definition of marriage under South African law did not, at the time, include permanent same-sex relationships. They were delighted when, in 2005, the Constitutional Court ruled that such relationships should also fall within the definition of marriage, holding that the definition of marriage in terms of the common law and the Marriage Act 25 of 1961 was unconstitutional. John and Peter were even happier when the Civil Union Act 17 of 2006 came into operation at the end of 2006. Give a detailed explanation of how a right contained in the Bill of Rights may be limited.Show the full question

  21. Question 6(b)(i) · The Constitution and fundamental rights · 2 marks

    John Brown and Peter Smith have lived together in a permanent same-sex relationship for many years. They always dreamed of one day marrying, but unfortunately the definition of marriage under South African law did not, at the time, include permanent same-sex relationships. They were delighted when, in 2005, the Constitutional Court ruled that such relationships should also fall within the definition of marriage, holding that the definition of marriage in terms of the common law and the Marriage Act 25 of 1961 was unconstitutional. John and Peter were even happier when the Civil Union Act 17 of 2006 came into operation at the end of 2006. Referring to the scenario of John Brown and Peter Smith, explain why the Constitutional Court decided that the definition of marriage, in terms of the common law and the Marriage Act 25 of 1961, was unconstitutional.Show the full question

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

    John Brown and Peter Smith have lived together in a permanent same-sex relationship for many years. They always dreamed of one day marrying, but unfortunately the definition of marriage under South African law did not, at the time, include permanent same-sex relationships. They were delighted when, in 2005, the Constitutional Court ruled that such relationships should also fall within the definition of marriage, holding that the definition of marriage in terms of the common law and the Marriage Act 25 of 1961 was unconstitutional. John and Peter were even happier when the Civil Union Act 17 of 2006 came into operation at the end of 2006. Still referring to John Brown and Peter Smith's situation, explain how the Civil Union Act of 2006 changed the legal position regarding same-sex relationships.Show the full question

  23. Question 7.1.1 · Courts, procedure and the legal profession · 1 marks

    This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. In a criminal case, indicate which of the two bracketed options is correct in completing the statement: it is either the (public prosecutor) or the (magistrate) who decides what charges to bring against the accused.Show the full question

  24. Question 7.1.2 · Courts, procedure and the legal profession · 1 marks

    This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. During court proceedings, decide which of the two bracketed options correctly completes the statement: it is either the (interpreter) or the (court orderly) whose role is to call witnesses.Show the full question

  25. Question 7.1.3 · Courts, procedure and the legal profession · 1 marks

    This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. Choose the correct bracketed option to complete the statement: either (system of precedent) or (jurisdiction) refers to the competence of a court to hear a particular matter.Show the full question

  26. Question 7.1.4 · Courts, procedure and the legal profession · 1 marks

    This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. Select the correct bracketed option: it is either the (short title) or the (long title) of an Act that indicates the purpose of that Act.Show the full question

  27. Question 7.1.5 · Courts, procedure and the legal profession · 1 marks

    This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. Select the correct bracketed option: it is either the (first section) or the (preamble) of an Act that sets out the underlying philosophy of that Act.Show the full question

  28. Question 7.2 · Courts, procedure and the legal profession · 5 marks

    This question awards 10 marks in total. Part (a) presents five statements, each containing two possible answers in brackets; candidates must circle the correct option in each case, and the five statements together are worth 5 marks. Part (b) requires a written discussion worth a further 5 marks. Discuss and compare the onus of proof that applies in a civil case as opposed to a criminal case.Show the full question

  29. Question B1 · Law, norms and justice · 2 marks

    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. Pieter and Yonela have been in a mixed-race relationship for two years and live in a very conservative Johannesburg neighbourhood, where their neighbours often make snide remarks when the couple walks down the street. Identify which normative system applies in this scenario.Show the full question

  30. Question B2 · Legal history and legal families · 2 marks

    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. Identify which of the following legal systems cannot be classified within the Romano-Germanic legal family.Show the full question

  31. Question B3 · Legal history and legal families · 2 marks

    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. Identify which of the following countries' legal systems cannot be classified within the Anglo-American legal family.Show the full question

  32. Question B4 · Divisions of South African law · 2 marks

    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. Consider the following two statements: (a) administrative law is concerned with the institution and organisation of the state, as well as the powers of state organs; (b) constitutional law controls the administration of state bodies and state departments, as well as the conduct of ministers. Determine which option is correct: both (a) and (b) are correct; both (a) and (b) are incorrect; (a) is correct and (b) is incorrect; or (a) is incorrect and (b) is correct.Show the full question

  33. Question B5 · Divisions of South African law · 2 marks

    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. Legal philosophy examines law from a philosophical perspective, and several different perspectives have emerged within this field. Identify which of the following is NOT a perspective of legal philosophy.Show the full question

  34. Question B6 · Sources of South African law · 2 marks

    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.Show the full question

  35. Question B7 · Legal terminology and general concepts · 2 marks

    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. With reference to the case of Nedbank Ltd v Pestana 2009 (2) SA 189 (SCA), complete the sentence by choosing the correct option: Nedbank Ltd refers to the...Show the full question

  36. Question B8 · The Constitution and fundamental rights · 2 marks

    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. Consider the following two statements: (1) the Bill of Rights is the cornerstone of democracy in South Africa and no right in the Bill of Rights may be limited; (2) horizontal application of the Bill of Rights refers to the fact that it applies between the state and private institutions. Determine which option is correct: both statements are correct; both statements are incorrect; statement (a) is correct and (b) is incorrect; or statement (a) is incorrect and (b) is correct.Show the full question

  37. Question B9 · The Constitution and fundamental rights · 2 marks

    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. State whether the following statement is true or false: a legal subject has to meet certain requirements before he or she will be entitled to any fundamental rights.Show the full question

  38. Question B10 · The Constitution and fundamental rights · 2 marks

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

  39. Question B11 · The Constitution and fundamental rights · 2 marks

    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. Dr Ruan Roberts, a lecturer in constitutional law, makes the following statement: 'The cases of S v Makwanyane and Fraser v Children's Court, Pretoria North and Others clearly illustrate the influence of the Constitution on South African law.' Identify which option best explains his statement.Show the full question

  40. Question B12 · Legal terminology and general concepts · 2 marks

    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. Identify what the parties to a civil case may be called.Show the full question

  41. Question B13 · Courts, procedure and the legal profession · 2 marks

    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. Identify which of the following role players conducts the state's case during a criminal matter in the magistrate's court.Show the full question

  42. Question B14 · Courts, procedure and the legal profession · 2 marks

    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. Identify which of the following is NOT an academic or professional requirement for admission as an attorney.Show the full question

  43. Question B15 · Courts, procedure and the legal profession · 2 marks

    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. Identify which of the following is NOT a possible role player during a criminal case in the magistrate's court.Show the full question

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