How often Divisions of South African law is asked
11 of 11
papers asked it
avg 19 marks · last Oct 2017
Worth 1–6 marks when it appears as a written question, plus 28 multiple-choice items.
Where it was asked
What costs marks here
Marker’s traps come from memos. We don’t have one for this module yet.
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The questions
Oct/Nov 2017, Q2.1.12 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.
Oct/Nov 2017, Q2.1.23 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.
Oct/Nov 2017, Q2.1.33 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.
Oct/Nov 2017, Q2.1.42 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.
Oct/Nov 2017, Q2.2.11 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. 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.
Oct/Nov 2017, Q2.2.21 mark
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.
Oct/Nov 2017, Q2.33 marks
Write a short paragraph discussing African indigenous law as a source of South African law.
Oct/Nov 2017, Q22 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. 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.
Oct/Nov 2017, Q62 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. 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.
Oct/Nov 2017, Q72 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. 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.
May/Jun 2017, Q22 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. Mr Nkomo and Mr Masina both farm near the N3 highway leading to Estcourt. Mr Nkomo owns the farm Madikwe, which lies alongside the N3. Mr Masina, the owner of the neighbouring farm Java, holds a right of way across Mr Nkomo's farm so that he can reach the N3 highway to Estcourt. Select the statement that is correct.
May/Jun 2017, Q2.12 marks
Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Considering the scenario involving Ken Klapman and Silas Ngobeni, state which main division of South African law will apply to this situation and give a reason to support your answer.
May/Jun 2017, Q2.23 marks
Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Building on your answer to 2.1 for the Ken Klapman and Silas Ngobeni scenario, name one division of that main branch of law (note: this division falls under either substantive law or material law) that will apply here, and provide a reason for your choice.
May/Jun 2017, Q2.32 marks
Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. With reference to your answer in 2.2 regarding the Ken Klapman and Silas Ngobeni case, identify the subdivision of the law of procedure that will be relevant to this scenario, and give a reason for your answer.
May/Jun 2017, Q2.42 marks
Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Suppose the state decides to call a witness during Ken Klapman's trial arising from the incident with Silas Ngobeni. Identify which further subdivision of the law of procedure would then be applicable, and provide a reason for your answer.
May/Jun 2017, Q2.52 marks
Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Determine whether the court will apply the law of civil procedure in Ken Klapman's case against Silas Ngobeni, and give a reason for your answer.
May/Jun 2017, Q2.62 marks
Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Assume that, just before the incident between Ken Klapman and Silas Ngobeni took place, the Supreme Court of Appeal had set a precedent in a case similar to this one. State which court or courts would be obliged to follow this precedent, and give a reason for your answer.
May/Jun 2017, Q2.72 marks
Ken Klapman is the neighbour of Silas Ngobeni. Late one Monday night Ken is having a loud party. When Silas asks Ken to turn the music down, Ken becomes angry and hits Silas with a bottle, causing Silas to suffer a deep cut to his head. Silas reports the incident at the police station. Ken is later prosecuted in terms of a statute that prohibits the crime of assault, and he must appear in court for his trial. Name the two requirements that must be met for the precedent system to operate.
May/Jun 2017, Q72 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. Themba receives a fine for driving at 60 km/h in a zone where the speed limit is 40 km/h. Identify which type of law he has contravened.
Oct/Nov 2016, Q2.11 mark
Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Identify which main division of South African law will apply to the scenario involving Larry and Peter, and provide a reason for your answer.
Oct/Nov 2016, Q2.23 marks
Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Referring to your answer in 2.1, name one division of that main branch (note: it must fall under substantive or material law) that will apply to the scenario between Larry and Peter, and give a reason for your answer.
Oct/Nov 2016, Q2.32 marks
Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. With reference to your answer in 2.2, identify the subdivision of the law of procedure that will apply to the scenario involving Larry and Peter, and give a reason for your answer.
Oct/Nov 2016, Q2.42 marks
Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. If the state decides to call a witness during Larry's trial, identify which further subdivision of the law of procedure will be applicable, and give a reason for your answer.
Oct/Nov 2016, Q2.52 marks
Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Determine whether there is any possibility that the law of civil procedure could apply to the scenario involving Larry and Peter, and give a reason for your answer.
Oct/Nov 2016, Q2.61 mark
Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Statutory law is a form of written law. Identify which state body is responsible for creating this type of law.
Oct/Nov 2016, Q2.72 marks
Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Suppose that, just before the incident between Larry and Peter occurred, the Supreme Court of Appeal had set a precedent in a case similar to theirs. Identify which court or courts would be obliged to follow this precedent, and give a reason for your answer.
Oct/Nov 2016, Q2.82 marks
Larry and Peter are friends. One day they get into an argument over a girl whom they both want to date. During the argument, Larry punches Peter several times with his fists. Peter reports the incident to the police, and Larry is later prosecuted under a statute that prohibits the crime of assault; he must appear in court for his trial. Name the two requirements needed for the precedent system to operate effectively.
Oct/Nov 2016, QB.42 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. The term "private law" refers to which of the following?
Oct/Nov 2016, QB.52 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. Which of the following is traditionally classified as a division of public law?
Oct/Nov 2016, QB.62 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. Themba is fined for driving 60 km/h in a 40 km/h zone. Identify the type of law he has transgressed.
May/Jun 2016, Q2.14 marks
Explain the difference between criminal law and the law of criminal procedure, showing how each fits in as a division of public law.
May/Jun 2016, Q2.23 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.
May/Jun 2016, Q2.34 marks
Provide a definition of a legal obligation, and name two of the subdivisions into which the law of obligations can be divided.
May/Jun 2016, Q2.42 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.
May/Jun 2016, Q2.52 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.
May/Jun 2016, Q52 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. 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.
May/Jun 2016, Q112 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. 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.
Oct/Nov 2015, Q2.12 marks
Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. Based on the scenario in which Karel's agreement with New Visions Kitchens for the renovation of his kitchen and the replacement of his stove goes wrong (the new stove breaking down, New Visions Kitchens refusing to speak to Karel, and the destruction of his fish pond), state which main division of South African law will apply to this scenario, and give a reason for your answer.
Oct/Nov 2015, Q2.22 marks
Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. Continuing with the same scenario involving Karel and New Visions Kitchens, indicate which division of your answer given in question (i) (the main division of South African law you identified) will be applicable to this scenario, and provide a reason for your answer.
Oct/Nov 2015, Q2.32 marks
Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. Still referring to the Karel and New Visions Kitchens scenario, state which subdivision of your answer given in question (ii) (the division you identified) will be applicable to this scenario, and give a reason for your answer.
Oct/Nov 2015, Q2.42 marks
Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. Based on the same scenario, name two further subdivisions of your answer given in question (iii) (the subdivision you identified) that will be applicable to this scenario.
Oct/Nov 2015, Q2.54 marks
Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. In South African law a distinction is drawn between two kinds of sources of law. Name these two kinds of sources of law, and explain the difference between them.
Oct/Nov 2015, Q2.63 marks
Read the scenario and answer the sub-questions that follow. Karel enters into an agreement with New Visions Kitchens for the renovation of his kitchen, in terms of which New Visions Kitchens undertakes to replace his old stove with a new Easycook stove that carries a two-year guarantee. Keen to try out the new stove, Karel and his wife Martie invite their best friends for dinner, but to their great disappointment and anger the oven breaks down before the meal is cooked, forcing them to eat at a restaurant instead. The next day Karel's brother, who repairs electrical appliances, examines the stove and informs Karel that it is in fact not new. When Karel telephones New Visions Kitchens they refuse to speak to him, and to make matters worse it emerges that, while doing the renovation, they dumped building rubble into a fish pond in Karel's garden containing exclusive fish species, destroying it. Consider the following scenario: you are a senior partner at a law firm, and Patricia Nkosi is your article clerk. You ask Patricia to find a court decision on the interpretation of the Tobacco Products Control Act 83 of 1993. Patricia informs you that she has found three criminal cases dealing with this subject: the first case was decided by the High Court in Durban in 2010; the second case was decided by the Supreme Court of Appeal in 2012; and the third case was an unreported decision of a regional court in Durban, decided in 2014. Which of these three cases will be authoritative and therefore have to be followed? Give a reason for your answer.
Oct/Nov 2015, Q52 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 which group of legal disciplines listed below all fall within public law.
Oct/Nov 2015, Q62 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. 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. Which branch of private law would you use to help solve her problem?
May/Jun 2015, Q2(a)(i)2 marks
Charl and Charlotte Charles have been married for the past 25 years. Throughout this time they lived a life of luxury and never gave thought to what would happen to their wealth if something happened to them. While travelling to Cape Town for their annual holiday, both Charl and Charlotte died in a car accident. Their three children are now anxious to find out what will become of their late parents' wealth. Considering the scenario of Charl and Charlotte Charles who died in a car accident on their way to Cape Town, state which main division of South African law would apply to this situation, and provide a reason to support your answer.
May/Jun 2015, Q2(a)(ii)3 marks
Charl and Charlotte Charles have been married for the past 25 years. Throughout this time they lived a life of luxury and never gave thought to what would happen to their wealth if something happened to them. While travelling to Cape Town for their annual holiday, both Charl and Charlotte died in a car accident. Their three children are now anxious to find out what will become of their late parents' wealth. Building on your answer about which main division of South African law applies to the Charl and Charlotte Charles scenario, identify which division within that main division would be relevant here. Explain in full detail what this particular division of law is concerned with.
May/Jun 2015, Q2(a)(iii)3 marks
Charl and Charlotte Charles have been married for the past 25 years. Throughout this time they lived a life of luxury and never gave thought to what would happen to their wealth if something happened to them. While travelling to Cape Town for their annual holiday, both Charl and Charlotte died in a car accident. Their three children are now anxious to find out what will become of their late parents' wealth. Following on from your identification of the relevant division of law in question 2(a)(ii) for the Charl and Charlotte Charles scenario, name the subdivision of that division which would apply to this situation, and give reasons to justify your answer.
May/Jun 2015, Q2(a)(iv)2 marks
Charl and Charlotte Charles have been married for the past 25 years. Throughout this time they lived a life of luxury and never gave thought to what would happen to their wealth if something happened to them. While travelling to Cape Town for their annual holiday, both Charl and Charlotte died in a car accident. Their three children are now anxious to find out what will become of their late parents' wealth. The subdivision you identified in question 2(a)(iii) is itself split into two further subdivisions. Identify which of these two further subdivisions would be applicable to the Charl and Charlotte Charles scenario, and provide a reason for your choice.
May/Jun 2015, Q2(b)5 marks
Charl and Charlotte Charles have been married for the past 25 years. Throughout this time they lived a life of luxury and never gave thought to what would happen to their wealth if something happened to them. While travelling to Cape Town for their annual holiday, both Charl and Charlotte died in a car accident. Their three children are now anxious to find out what will become of their late parents' wealth. Give a brief explanation of what the doctrine of judicial precedent entails and describe how this doctrine is applied within South African courts.
May/Jun 2015, QB.62 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. Temba and Thandi argue while waiting for a taxi at a taxi rank, and Temba shouts at Thandi, 'Thandi, you are a prostitute!' Thandi is very upset because some of her co-workers overheard the remark, and she approaches you for legal advice. Determine which branch of private law you would use to resolve her problem.
May/Jun 2015, QB.122 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. Evaluate the following statement: In terms of the Civil Union Act 17 of 2006, gays and lesbians can enter into a marriage with someone of the same sex.
Oct/Nov 2014, Q3(a)(i)2 marks
Jane Mothibe entered into an agreement with Technicolour Painters for them to paint the Mothibe family house. Under the agreement, Technicolour Painters would supply the paint and the labour, for which Jane would pay them R20 000, and they undertook to complete the job within three weeks. However, after three weeks had passed, Technicolour Painters had only managed to paint half of the house. Jane was furious about this. To make matters worse, it emerged that during the job they had broken a valuable statue in Jane's garden. Jane now wants to sue Technicolour Painters both for breach of contract and for damaging the valuable statue. Considering the dispute between Jane Mothibe and Technicolour Painters described above, state whether public law or private law would apply to this problem, and give a reason for your answer.
Oct/Nov 2014, Q3(a)(ii)2 marks
Jane Mothibe entered into an agreement with Technicolour Painters for them to paint the Mothibe family house. Under the agreement, Technicolour Painters would supply the paint and the labour, for which Jane would pay them R20 000, and they undertook to complete the job within three weeks. However, after three weeks had passed, Technicolour Painters had only managed to paint half of the house. Jane was furious about this. To make matters worse, it emerged that during the job they had broken a valuable statue in Jane's garden. Jane now wants to sue Technicolour Painters both for breach of contract and for damaging the valuable statue. Building on your answer about whether public law or private law applies to the Jane Mothibe and Technicolour Painters dispute, identify which division of that branch of law would be applicable here, and give a reason for your answer.
Oct/Nov 2014, Q3(a)(iii)2 marks
Jane Mothibe entered into an agreement with Technicolour Painters for them to paint the Mothibe family house. Under the agreement, Technicolour Painters would supply the paint and the labour, for which Jane would pay them R20 000, and they undertook to complete the job within three weeks. However, after three weeks had passed, Technicolour Painters had only managed to paint half of the house. Jane was furious about this. To make matters worse, it emerged that during the job they had broken a valuable statue in Jane's garden. Jane now wants to sue Technicolour Painters both for breach of contract and for damaging the valuable statue. Following on from identifying the applicable division of law in the Jane Mothibe and Technicolour Painters scenario, state which subdivision of that division would apply, and give a reason for your answer.
Oct/Nov 2014, Q3(a)(iv)4 marks
Jane Mothibe entered into an agreement with Technicolour Painters for them to paint the Mothibe family house. Under the agreement, Technicolour Painters would supply the paint and the labour, for which Jane would pay them R20 000, and they undertook to complete the job within three weeks. However, after three weeks had passed, Technicolour Painters had only managed to paint half of the house. Jane was furious about this. To make matters worse, it emerged that during the job they had broken a valuable statue in Jane's garden. Jane now wants to sue Technicolour Painters both for breach of contract and for damaging the valuable statue. Regarding the subdivision you identified as applicable to the Jane Mothibe and Technicolour Painters scenario, name two further subdivisions that would apply to this scenario and explain why each of them is relevant.
Oct/Nov 2014, Q62 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. Choose the set of legal disciplines that all fall within private law.
Oct/Nov 2014, Q72 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. Some areas of law fall within both public law and private law. Identify which area of law is the odd one out (i.e. does not fall within both).
May/Jun 2013, Q1.13 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.
May/Jun 2013, Q1.23 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.
May/Jun 2013, Q1.34 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.
May/Jun 2013, Q3(a)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.
May/Jun 2013, Q3(b)(i)1 mark
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.
May/Jun 2013, Q3(b)(ii)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.
May/Jun 2013, Q3(b)(iii)1 mark
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.
May/Jun 2013, Q3(c)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.
May/Jun 2013, QB42 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. 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.
May/Jun 2013, QB52 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. 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.
Oct/Nov 2012, Q3.16 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.
Oct/Nov 2012, Q3.24 marks
Provide a definition of a legal obligation, and name the three subdivisions into which the law of obligations can be divided.
Oct/Nov 2012, Q22 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. What does substantive law refer to?
Oct/Nov 2012, Q52 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 is NOT a division of private law?
Oct/Nov 2012, Q62 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 groupings of legal disciplines fall within public law?
May/Jun 2012, Q3(a)(i)2 marks
Read the following scenario and answer the questions that follow: Charl and Charlotte Charles have been married for the past 25 years. During this time they have lived in luxury and never even considered what would happen to their wealth if they were no longer around. While travelling to Cape Town for their annual holiday, they are both killed in a car accident. Their three children are now very eager to find out what will happen to their late parents' wealth. Considering the scenario of Charl and Charlotte Charles, who died together in a car accident leaving their three children eager to know what will happen to their wealth, state which main division of South African law will apply to this scenario and give a reason for your answer.
May/Jun 2012, Q3(a)(ii)3 marks
Read the following scenario and answer the questions that follow: Charl and Charlotte Charles have been married for the past 25 years. During this time they have lived in luxury and never even considered what would happen to their wealth if they were no longer around. While travelling to Cape Town for their annual holiday, they are both killed in a car accident. Their three children are now very eager to find out what will happen to their late parents' wealth. Based on the main division of South African law you identified as applicable to the scenario of Charl and Charlotte Charles' deaths and their children's inheritance, state which division falls under your answer and explain in full detail what this specific division deals with.
May/Jun 2012, Q3(a)(iii)3 marks
Read the following scenario and answer the questions that follow: Charl and Charlotte Charles have been married for the past 25 years. During this time they have lived in luxury and never even considered what would happen to their wealth if they were no longer around. While travelling to Cape Town for their annual holiday, they are both killed in a car accident. Their three children are now very eager to find out what will happen to their late parents' wealth. Following on from the division you identified in your answer regarding the Charles family scenario, state which subdivision of that division will be applicable and give reasons for your answer.
May/Jun 2012, Q3(a)(iv)2 marks
Read the following scenario and answer the questions that follow: Charl and Charlotte Charles have been married for the past 25 years. During this time they have lived in luxury and never even considered what would happen to their wealth if they were no longer around. While travelling to Cape Town for their annual holiday, they are both killed in a car accident. Their three children are now very eager to find out what will happen to their late parents' wealth. Continuing with the Charles family scenario, state which form of the subdivision you identified will be applicable to this scenario and give a reason for your answer.
May/Jun 2012, Q22 marks · multiple choice
Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Choose the correct description of what formal law refers to: (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.
May/Jun 2012, Q62 marks · multiple choice
Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Identify the group of legal disciplines that all fall within public law: (1) private international law, administrative law, criminal law; (2) mercantile law, constitutional law, law of obligations; (3) family law, law of succession, law of patrimony; (4) international law, law of procedure, criminal law.
May/Jun 2012, Q72 marks · multiple choice
Section B contains 15 multiple-choice questions. For each question you must choose the ONE correct statement and mark it with an HB pencil on the mark-reading sheet supplied. Each question is worth TWO marks, giving a section total of 30 marks. Before marking your answers you must fill in the unique number 476637 on the mark-reading sheet, and you should read the instructions on that sheet carefully before completing it. Two statements are given: (a) constitutional law is concerned with 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 controls the state's relationships with citizens. Choose which option correctly evaluates these statements: (1) (a) and (b) are correct; (2) (a) and (b) are incorrect; (3) (a) is correct, (b) is incorrect; (4) (a) is incorrect, (b) is correct.
May/Jun 2011, Q3(a)(i)2 marks
Consider this scenario: John Smith, aged 22, has been in a relationship with Carin Evans for the past two years. Carin, aged 20, still lives with her parents. When Carin discovers she is pregnant, John buys her a diamond engagement ring and proposes marriage. The couple marry shortly afterwards, and seven months later their baby daughter, Ciara, is born. Based on these facts, state which main division of South African law would apply to this scenario, and provide a reason for your answer.
May/Jun 2011, Q3(a)(ii)3 marks
Referring to the same scenario involving John Smith, Carin Evans and their baby Ciara described above, indicate which specific division falls under the main division you identified in your answer to part (a)(i), and give reasons to support your answer.
May/Jun 2011, Q3(b)(i)1 mark
Now consider a different scenario: you are a senior partner at a law firm, and Patricia Molusi is your article clerk. You ask Patricia to locate a court decision interpreting the Tobacco Products Control Act 83 of 1993. Patricia reports that she has found three criminal cases on this topic: the first was decided by the High Court in Durban in 2000; the second was decided by the Supreme Court of Appeal in 2002; and the third was an unreported decision of a regional court in Durban, decided in 2004. Given that South African law recognises a distinction between two kinds of sources of law, name these two kinds of sources of law.
May/Jun 2011, Q3(b)(ii)2 marks
Referring to the same scenario about you as senior partner, your article clerk Patricia Molusi, and the three cases she found interpreting the Tobacco Products Control Act 83 of 1993 (the 2000 High Court Durban decision, the 2002 Supreme Court of Appeal decision, and the unreported 2004 regional court Durban decision), explain the difference between the two kinds of sources of law you named in your answer to part (b)(i).
May/Jun 2011, Q3(b)(iii)2 marks
Still working from the scenario about you as senior partner, your article clerk Patricia Molusi, and the three cases she found on the interpretation of the Tobacco Products Control Act 83 of 1993 (the 2000 High Court Durban decision, the 2002 Supreme Court of Appeal decision, and the unreported 2004 regional court Durban decision), state which kind of source of law is being used in this scenario, and give a reason for your answer.
May/Jun 2011, Q32 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.) Determine which description correctly explains substantive law as that part of the law which does the following.
May/Jun 2011, Q92 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.) Identify which set of legal disciplines listed below falls entirely within public law.
May/Jun 2011, Q102 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.) Jonathan Jones is in grade 8 and struggles with mathematics. One day his teacher loses her temper and calls him 'a stupid monkey'. The next day Jonathan refuses to go to school, and his parents decide to take legal steps against the teacher, approaching you for legal advice. Determine which branch of private law you would use to resolve this problem.
May/Jun 2011, Q112 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.) Some areas of law fall within both public law and private law. Identify which area listed below is the odd one out, i.e. does not fall within both.
The full Spot Map and the marks by year.