ILW1501 May/Jun 2016 exam paper — questions

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

    This question falls under Section A (compulsory, written directly on the examination paper) and deals with the topic of law and other normative systems. When a conflict arises between law and religion as two normative systems, explain which system's rules ought to be followed. In formulating your answer, concentrate specifically on how legal rules differ from religious rules.Show the full question

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

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

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

    This question falls under Section A (compulsory, written directly on the examination paper) and deals with the topic of law and other normative systems. Consider the following scenario: John purchases a second-hand motorbike from his friend, Peter, for R10 000. This transaction creates a contract of purchase and sale between John and Peter. John pays Peter the agreed purchase price of R10 000, but Peter subsequently refuses to hand over the motorbike as required by their contract. Based on this scenario, identify two kinds of rights that apply, and explain in detail what each kind of right entails.Show the full question

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

    This question falls under Section A (compulsory, written directly on the examination paper) and deals with the topic of law and other normative systems. During the sixth century AD, Justinian, the emperor of the Eastern Roman Empire, sought to restore his empire to the same glory as the old Roman Empire and aimed to bring order to the legal system of his era. Explain how Justinian contributed to the development of the legal system during his reign, and how his actions helped preserve Roman law for later centuries.Show the full question

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

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

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

    Charl and Charlotte Charles have been married for the past 25 years. Throughout their marriage they lived in luxury and never gave thought to what would happen to their wealth if they were no longer alive. While travelling to Cape Town for their annual holiday, both Charl and Charlotte die in a car accident, leaving their three children eager to find out what will become of their parents' wealth. Identify which division of private law applies to this scenario, and explain in detail what that specific division deals with.Show the full question

  7. Question 2.3 · Divisions of South African law · 4 marks

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

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

    Consider the following sources of law: foreign law, legal textbooks, articles in law journals, and case law. State which one of these sources of law carries binding authority in South African courts, and give a reason for your choice.Show the full question

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

    Referring back to the source of law you identified as having binding authority among foreign law, legal textbooks, articles in law journals and case law, explain how this source differs from the other three sources of law.Show the full question

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

    Provide an explanation of what is meant by the term 'constitution'.Show the full question

  11. Question 3.2 · The Constitution and fundamental rights · 4 marks

    Explain what is meant by the phrase 'separation of the state's powers' and give reasons why this separation of powers is regarded as so important.Show the full question

  12. Question 3.3 · The Constitution and fundamental rights · 3 marks

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

  13. Question 3.4 · The Constitution and fundamental rights · 3 marks

    Explain what is meant by the term 'a fundamental right'.Show the full question

  14. Question 3.5 · The Constitution and fundamental rights · 2 marks

    Draw a distinction between the horizontal application and the vertical application of the Bill of Rights.Show the full question

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

    Read the scenario: Charles Maimela drives at 80km/h on a road where the speed limit is 60km/h. Charles fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills to the value of R500 000. Considering the scenario of Charles Maimela driving at 80km/h in a 60km/h zone and knocking down Frans Mahlobogwane (who incurs R500 000 in medical bills), state whether the following statement is correct or incorrect: 'Only one legal dispute can arise from our scenario.' Fully motivate your answer.Show the full question

  16. Question 4(a)(ii) · Courts, procedure and the legal profession · 3 marks

    Read the scenario: Charles Maimela drives at 80km/h on a road where the speed limit is 60km/h. Charles fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills to the value of R500 000. With reference to your answer regarding whether only one legal dispute can arise from the scenario of Charles Maimela hitting Frans Mahlobogwane, indicate whether, if a legal dispute arises from this scenario, a public prosecutor or a state advocate could be a role player in court. Give a reason for your answer.Show the full question

  17. Question 4(a)(iii) · Courts, procedure and the legal profession · 3 marks

    Read the scenario: Charles Maimela drives at 80km/h on a road where the speed limit is 60km/h. Charles fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills to the value of R500 000. Explain what the concept 'burden of proof' means in a civil case, and identify on which party it rests.Show the full question

  18. Question 4(b) · Courts, procedure and the legal profession · 5 marks

    Read the scenario: Charles Maimela drives at 80km/h on a road where the speed limit is 60km/h. Charles fails to see Frans Mahlobogwane, who is crossing the road, and knocks him down. Frans sustains severe injuries and incurs medical bills to the value of R500 000. Briefly discuss appeal as one of the basic legal principles that forms part of the legal process. In your discussion, refer to possible reasons why a party would want to apply for appeal, and briefly explain how the appeal process works in court.Show the full question

  19. Question 5(a) · Legal terminology and general concepts · 1 marks

    Each of the following statements contains two options given in brackets; the task is to select and circle the correct option in each case. Circle the correct option to complete the statement: a (norm / right) is a standard of human conduct or human behaviour.Show the full question

  20. Question 5(b) · Legal terminology and general concepts · 1 marks

    Each of the following statements contains two options given in brackets; the task is to select and circle the correct option in each case. Circle the correct option to complete the statement: (Canon law / Germanic law) had an important influence on the development of modern law.Show the full question

  21. Question 5(c) · Legal terminology and general concepts · 1 marks

    Each of the following statements contains two options given in brackets; the task is to select and circle the correct option in each case. Circle the correct option to complete the statement: (Conflict of laws / Private Law) is mainly concerned with the question of which private-law system applies if more than one private-law system is involved.Show the full question

  22. Question 5(d) · Legal terminology and general concepts · 1 marks

    Each of the following statements contains two options given in brackets; the task is to select and circle the correct option in each case. Circle the correct option to complete the statement: (Case law / legislation) is our most important source of law.Show the full question

  23. Question 5(e) · Legal terminology and general concepts · 1 marks

    Each of the following statements contains two options given in brackets; the task is to select and circle the correct option in each case. Circle the correct option to complete the statement: if a legal dispute is on appeal, the parties are referred to as (the appellant and the respondent / the appellant and the defendant).Show the full question

  24. Question 5(f) · Legal terminology and general concepts · 1 marks

    Each of the following statements contains two options given in brackets; the task is to select and circle the correct option in each case. Circle the correct option to complete the statement: the Supreme Court of Appeal (can / cannot) overrule a decision of the Constitutional Court.Show the full question

  25. Question 5(g) · Legal terminology and general concepts · 1 marks

    Each of the following statements contains two options given in brackets; the task is to select and circle the correct option in each case. Circle the correct option to complete the statement: the correct way of referring to a section of an act is as follows: (s 2(1)(b)(iii) / s 2(b)(1)(iii)).Show the full question

  26. Question 5(h) · Legal terminology and general concepts · 1 marks

    Each of the following statements contains two options given in brackets; the task is to select and circle the correct option in each case. Circle the correct option to complete the statement: the tri-cameral Parliament was a parliament with three houses, one for each of the (white, Indian and coloured population groups / white, Indian and black population groups).Show the full question

  27. Question 5(i) · Legal terminology and general concepts · 1 marks

    Each of the following statements contains two options given in brackets; the task is to select and circle the correct option in each case. Circle the correct option to complete the statement: second-generation rights include the (right to freedom of expression / right to education).Show the full question

  28. Question 5(j) · Legal terminology and general concepts · 1 marks

    Each of the following statements contains two options given in brackets; the task is to select and circle the correct option in each case. Circle the correct option to complete the statement: when the state declares a state of emergency, certain fundamental rights may be suspended (for a period of time / indefinitely).Show the full question

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

    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. Choose the correct definition of law from the options provided.Show the full question

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

    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. Identify the way in which the different normative systems correspond with one another.Show the full question

  31. Question 3 · Legal history and legal families · 2 marks

    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. Select the correct description of the Corpus Iuris Civilis.Show the full question

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

    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. Determine which of the listed countries has a legal system that falls within the common law legal family.Show the full question

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

    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. Temba and Thandi argue while waiting for a taxi at a taxi rank. Temba shouts at Thandi, 'Thandi, you are a prostitute!' Thandi is very upset about the incident because some of her co-workers also heard what Temba shouted, and she approaches you for legal advice. Indicate which branch of private law you would use to solve her problem.Show the full question

  34. Question 6 · Sources of South African law · 2 marks

    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.Show the full question

  35. Question 7 · Courts, procedure and the legal profession · 2 marks

    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. Indicate which court's decision cannot create a precedent.Show the full question

  36. Question 8 · The Constitution and fundamental rights · 2 marks

    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. Consider the following two statements about 'supremacy of the Constitution': (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 one of the given options about the correctness of (a) and (b) is correct.Show the full question

  37. Question 9 · The Constitution and fundamental rights · 2 marks

    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. Jonathan Jones is in grade 8 and battles with mathematics. One day his teacher loses her temper, gives him a hiding and calls him 'a stupid monkey.' The next day Jonathan refuses to go back to school, and his parents go to see the headmaster. Identify which fundamental right of Jonathan has been infringed.Show the full question

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

    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. In terms of section 36 of the Constitution, the court will take certain factors into account to determine whether a limitation of a right is justifiable. Indicate which of the listed factors is NOT one that the court will consider.Show the full question

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

    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. State whether the following statement is true or false: in terms of the Civil Union Act 17 of 2006, gays and lesbians can enter into a marriage with someone of the same sex.Show the full question

  40. Question 12 · Courts, procedure and the legal profession · 2 marks

    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. Maureen is involved in a serious car accident as a result of which she is paralysed. She wants to institute an action against the Road Accident Fund for the amount of R10 million. Indicate in which court Maureen will institute her claim.Show the full question

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

    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. Mr Mahlobogwane reads through his grandson's study guide for Introduction to Law and comes across the term 'jurisdiction.' He asks his grandson what this legal term means. His grandson explains that 'jurisdiction' means one of the following; select the correct explanation.Show the full question

  42. Question 14 · Legal terminology and general concepts · 2 marks

    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. Complete the sentence by choosing the correct option: the plaintiff in a legal dispute is always the party who...Show the full question

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

    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. Section 3(3) of the Right of Appearance in Courts Act 62 of 1995 determines that attorneys who have acquired the right of appearance in the High Court may also appear in one of the following; select the correct forum.Show the full question

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