ILW1501 Oct/Nov 2017 exam paper — questions

Free sample
View the paper as writtenscanned pages →

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

    This question deals with the nature and sources of norms, the concept of justice, legal subjectivity and legal families in South African law. Give a description of what is meant by the term 'norm', and state the names of four normative systems that fit this description of a norm.Show the full question

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

    This question deals with the nature and sources of norms, the concept of justice, legal subjectivity and legal families in South African law. Explain the difference between formal justice and substantive justice.Show the full question

  3. Question 1(c) · Law, norms and justice · 4 marks

    This question deals with the nature and sources of norms, the concept of justice, legal subjectivity and legal families in South African law. South African private law recognises that a legal subject can hold four different types of rights. List these four types of rights together with the object that corresponds to each type of right.Show the full question

  4. Question 1(d) · Law, norms and justice · 5 marks

    This question deals with the nature and sources of norms, the concept of justice, legal subjectivity and legal families in South African law. State which legal family the South African legal system forms part of, and provide reasons to support your answer.Show the full question

  5. Question 2.1.1 · Divisions of South African law · 2 marks

    Charl and Charlotte Charles had been married for twenty-five years and had lived comfortably, never once considering what would happen to their possessions should they no longer be around. While travelling to Cape Town for their annual holiday, they were both killed in a car accident, leaving their three children anxious to find out what will become of their late parents' possessions. Based on this scenario, identify which main division of South African law would apply here, and give a reason for your answer.Show the full question

  6. Question 2.1.2 · Divisions of South African law · 3 marks

    Still considering the scenario of Charl and Charlotte Charles, who died together in a car accident on their way to Cape Town for their annual holiday and left their three children wanting to know what would happen to their parents' possessions, state which division falls under the main division you identified in the previous answer, and explain what this division of law deals with.Show the full question

  7. Question 2.1.3 · Divisions of South African law · 3 marks

    Continuing with the same scenario, in which Charl and Charlotte Charles died in a car accident on their way to Cape Town, leaving their three children eager to know what would happen to their parents' possessions, name the subdivision that falls under the division you identified in your previous answer, and give reasons for your choice.Show the full question

  8. Question 2.1.4 · Divisions of South African law · 2 marks

    Still referring to the scenario of Charl and Charlotte Charles, who died in a car accident while travelling to Cape Town and left their three children waiting to learn what would happen to their parents' possessions, state which form of the subdivision you named in your previous answer would apply to this scenario, and give a reason for your answer.Show the full question

  9. Question 2.2.1 · Divisions of South African law · 1 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. A year later Mrs Clark discovered her husband's adultery and decided to divorce him. She approaches you for legal advice and asks which sources of law you will use in preparing the divorce case against Mr Clark. Name the source of South African law that you would need to consult first when you start preparing Mrs Clark's case.Show the full question

  10. Question 2.2.2 · Divisions of South African law · 1 marks

    Referring again to Mrs Clark, who wishes to divorce Mr Clark after discovering, a year after it began, his extra-marital affair with their neighbour's wife, you explain to her that South African law distinguishes between two different kinds of sources of law. State to which of these two kinds of sources the source you named in your previous answer belongs.Show the full question

  11. Question 2.3 · Divisions of South African law · 3 marks

    Write a short paragraph discussing African indigenous law as a source of South African law.Show the full question

  12. Question 3(a)(i) · The Constitution and fundamental rights · 5 marks

    Johan and Yonela are involved in an interracial relationship. One day a conservative and corrupt police officer, Mr Chabede, approaches the couple and tells them that they are 'immoral and second-class citizens'. He warns them that he has the power to arrest them and that he will do so unless each of them pays him R300. Identify and discuss in detail the type of fundamental right(s) that would protect Johan and Yonela in this situation.Show the full question

  13. Question 3(a)(ii) · The Constitution and fundamental rights · 1 marks

    Referring to the same scenario in which Mr Chabede threatens Johan and Yonela over their interracial relationship, state which type of application of the Bill of Rights is relevant in this situation.Show the full question

  14. Question 3(a)(iii) · The Constitution and fundamental rights · 4 marks

    Mr Chabede argues that fundamental rights may be limited and that his conduct towards Johan and Yonela amounts to a justifiable limitation of their rights. Explain how a court would go about determining whether a limitation of a fundamental right is justifiable.Show the full question

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

    Melissa and Rudene have been in a same-sex relationship for the past six years. They wish to get married but are uncertain whether the law permits gay people to marry. As their lawyer, and bearing in mind the influence of the Constitution, explain to Melissa and Rudene what their legal position is and outline the different options available to them for formalising their union.Show the full question

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

    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. Identify which of the following options does NOT describe a characteristic of the law: (1) the law governs human conduct; (2) the law functions through political institutions; (3) the law is enforced by state organs; (4) the law must be obeyed by the whole of society.Show the full question

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

    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. Select the statement that correctly explains what formal law refers to, choosing from: (1) the rules that determine how court cases are decided; (2) legislation that governs human conduct; (3) the part of the law that determines the meaning of legal rules; (4) the part of the law that deals with the relationship between individuals.Show the full question

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

    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. Indicate which one of the listed countries has a legal system that belongs to the common-law legal family: (1) Germany; (2) the Netherlands; (3) Belgium; (4) Australia.Show the full question

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

    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. Determine which of the following statements about the relationship between law and a right is INCORRECT: (1) the law balances the interests of individuals; (2) the law dictates what the content of a right is; (3) the content of a right is limited; (4) a right refers to a moral principle.Show the full question

  20. Question 4.1.1 · Courts, procedure and the legal profession · 2 marks

    Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. Considering that Sipho was hospitalised and treated for the injuries Ken inflicted on him, state what kind of case is likely to arise from this treatment of his injuries, and give a reason to support your answer.Show the full question

  21. Question 4.1.2 · Courts, procedure and the legal profession · 1 marks

    Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. Indicate whether Sipho would need to approach an attorney or an advocate for legal advice regarding his case against Ken.Show the full question

  22. Question 4.1.3 · Courts, procedure and the legal profession · 4 marks

    Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. Sipho is confused about the distinction between an attorney and an advocate. Explain to him the differences between the two legal professionals, covering their academic and professional qualification requirements, the functions each performs, their respective rights of appearance in the courts, and the professional bodies to which each belongs.Show the full question

  23. Question 4.1.4 · Courts, procedure and the legal profession · 2 marks

    Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. Identify who the parties would be in Sipho's case against Ken.Show the full question

  24. Question 4.1.5 · Courts, procedure and the legal profession · 2 marks

    Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. State what the onus of proof would be in Sipho's case against Ken, and indicate on which party this onus would rest.Show the full question

  25. Question 4.2 · Courts, procedure and the legal profession · 4 marks

    Sipho Ngobeni's neighbour, Ken Klapman, hosts a loud party late on a Monday night. When Sipho asks Ken to turn the music down, Ken becomes angry and hits Sipho with a bottle, causing a deep cut to his head. Sipho is admitted to hospital and receives treatment for his injuries. He wants to institute a case against Ken to recover his hospital costs, but he does not know whether he should approach an attorney or an advocate for legal advice. He consults you, a first-year Unisa law student, and puts several questions to you. Explain the difference between an appeal and a review.Show the full question

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

    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. Choose the correct description of what resulted from the reception of Roman law in the Netherlands: (1) the creation of a common Western legal tradition; (2) the creation of a common European legal tradition; (3) the creation of Roman-Dutch law; (4) the creation of Dutch law.Show the full question

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

    For Question 5, complete each of the following statements 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. Fill in the missing word: a ______ (one word) is an example of a real right that allows the holder of that real right to use a road running through the land belonging to someone else.Show the full question

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

    For Question 5, complete each of the following statements 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. Fill in the missing words: ______ (two words) rights are those that relate to creations of the human mind.Show the full question

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

    For Question 5, complete each of the following statements 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. Fill in the missing words: the ______ (two words) relating to insolvency and company law was received at the Cape during the 19th century.Show the full question

  30. Question 5.4 · Legal terminology and general concepts · 3 marks

    For Question 5, complete each of the following statements 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. Obligations arise in three ways. Name them by filling in the blanks: firstly ______ (one word), secondly ______ (one word), and thirdly ______ (two words).Show the full question

  31. Question 5.5 · Legal terminology and general concepts · 3 marks

    For Question 5, complete each of the following statements 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. The attendance of an accused person at the Magistrate's Court can be secured through three methods. Fill in the blanks: firstly by means of a ______ (one word); secondly by a notice issued by a ______ (two words); and thirdly by a ______ (one word) issued by the clerk of the court.Show the full question

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

    For Question 5, complete each of the following statements 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. Fill in the missing word: in criminal matters, the type of offence together with the ______ (one word) determines a court's jurisdiction.Show the full question

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

    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. Identify which group of legal disciplines listed below falls entirely within public law: (1) private international law, administrative law and criminal law; (2) mercantile law, constitutional law and the law of obligations; (3) family law, the law of succession and the law of patrimony; (4) international law, the law of procedure and criminal law.Show the full question

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

    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. Two statements are given about constitutional law: (a) constitutional law concerns the institution and organisation of the state, as well as the governing of state powers; (b) constitutional law controls the administration of the state in general, but in particular the state's relationships with its citizens. Decide which option correctly evaluates these statements: (1) both (a) and (b) are correct; (2) both (a) and (b) are incorrect; (3) (a) is correct and (b) is incorrect; (4) (a) is incorrect and (b) is correct.Show the full question

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

    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.Show the full question

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

    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. The Constitution has established a number of state institutions to support South Africa's democracy. Identify which of the following is NOT one of these institutions: (1) the South African Revenue Service; (2) the Commission for Gender Equality; (3) the Electoral Commission; (4) the Auditor-General.Show the full question

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

    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. Indicate in which chapter of the Constitution the Bill of Rights can be found, choosing from: (1) Chapter 1; (2) Chapter 2; (3) Chapter 3; (4) none of the above.Show the full question

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

    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. Some rights contained in the Bill of Rights are non-derogable. Select which of the following rights is protected in its entirety: (1) the right to equality; (2) the right to human dignity; (3) the right to freedom and security of the person; (4) the right to property.Show the full question

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

    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. Indicate in which section of the Constitution the limitation clause is located, choosing from: (1) section 9; (2) section 13; (3) section 26; (4) none of the above.Show the full question

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

    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. Mr Ngcobo is reading through his grandson's study guide for Introduction to Law and comes across the factors that determine a court's jurisdiction in a case. He asks his grandson what these factors would be specifically in a civil case. Select the correct answer: (1) the court's competence to hear the case; (2) the nature of the court proceedings; (3) the type of offence and the sentence; (4) the nature of the relief and the amount claimed.Show the full question

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

    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. Identify how the opposing parties in a criminal case might possibly be described, choosing from: (1) plaintiff and accused; (2) applicant and defendant; (3) appellant and respondent; (4) state and defendant.Show the full question

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

    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. Jennifer was involved in a car accident in which she sustained serious injuries. She wants to institute a claim of R2 million against the driver of the other car. Determine which court she will approach with her case: (1) Magistrate's Court; (2) High Court; (3) Supreme Court of Appeal; (4) Constitutional Court.Show the full question

ILW1501 Oct/Nov 2017 thread

Stuck on a question, or worked one out? This thread is for this paper only. Anyone can read; sign in to post.

Nobody has posted on this paper yet. Be the first — say which question and what you got.

0/2000